Educational Disciplinary Cases

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This case study is about a 5th grade student named Charlie who receives SPED services for his learning disability. There had not been any emotional or behavioral concerns with Charlie until he acted out of character by stealing school property, then threatening a teacher. Charlie was suspended for a total of a 13 days because of this incident (Bradley, 2007). This essay will discuss this student’s educational disciplinary process mandated by the Individuals with Disabilities Education Act of 2004.
Disciplinary Process
Although students with Special Education needs have protected educational rights, there is a zero-tolerance policy when it comes to matters of safety. Charlie violated his school’s conduct code and was therefore suspended originally for 3 days. What happens immediately to Charlie is that his parents are immediately notified and he is suspended. Since it is for more than …show more content…
All students are provided Free Appropriate Public Education, there for the educational setting or program could still provide educational services that are according to Charlie’s IEP and approved by his IEP team (IDEA, 34 CFR § 300.536(a)(1)).
Within the first 10 days of his suspension before any change in placement is made, the IEP team needs to have a meeting that includes his parents, teachers, school administration, and other relevant team members. The meeting will deliberate the reason for suspension and deliberate manifestation determination (IDEA, 34 CFR § 300.530(e)). During the manifestation determination, the IEP team needs to discuss if Charlie’s behavior that caused his suspension was due to his disability or if it was caused by his school not implementing the appropriate services from his IEP (Center for Parent Information & Resources, 2010).

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