EDAD 5383 Case Study

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Recommended: Effects of code of conduct in school

Jennifer Criswell
EDAD 5383
Dr. Marilyn Bartlett
April 27, 2014

Final Exam
Question 1
Yes, when a student with a disability violates the student code of conduct, schools must follow proper procedures because the disciplinary action may require a change in placement. According to the 34 Code of Federal Regulations §300.530, Authority of school personnel, a student that violates the student code of conduct may be removed from the child’s current placement for no more than ten consecutive days. The alternative setting may be ISS, suspension, or any other alternative setting. However, if the school is going to place the student with a disability in an alternative setting for more than ten days, then the parents must receive in writing notice of the decision to change the student’s setting and include the Notice of Procedural Safeguards.
Within the ten school days, an ARD meeting will be held to conduct a manifestation determination. The manifestation determination is to see if the violation of the student code of conduct was a result of the student’s disability. If the student does not have a functional behavioral assessment already documented then the ARD committee must test the student to determine in a behavioral intervention plan is needed. After the behavioral assessment is complete, the ARD committee will meet and based on the findings determines if the student will be disciplined like a non-disabled student.
The court case, Derrick Shelton v. Maya Angelou Public Charter School, is similar to this situation because the school district needed to complete a functional behavioral assessment before being able to determine if the violation of the student code of conduct was a result of his disability. The school district co...

... middle of paper ...

...of the student’s disability.
The court case, Jonathan Doe v. Todd County School District is similar to this situation because the student with disability did bring a knife to school and the school district had to change in educational setting. The school district in followed protocol and conducted a manifestation determination and found that he needed to be placed at an alternative school setting.
Resources
Electronic Code of Federal Regulation--http://www.ecfr.gov
Texas Education Agency--http://portals.tea.state.tx.us/page.aspx?id=920&bc=506
Lexis Nexis Academic— TAMUK Library

Table of Court Cases

Derrick Shelton v. Maya Angelou Public Charter School Civil Action No. 07-933
Jonathan Doe v. Todd County School District No. 09-3221
P.R. Ex Rel. C.R. v. Woodmore Local School District, 2007 U.S. App. LEXIS 27697
Siobhan Holland v. District of Colombia No. 95-7016

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