Definition of the problem: IDEA's discipline provisions are stated in an ambiguous manner that hinders services and protection to individuals in need of special education services. The IDEA's that are proclaimed can be open to a variety of interpretations. This leaves room for biased decisions in the process of determining what rights a person with a disability is entitled to and the protection he or she receives.
Sources of the problem: The process by which disciplinary actions are handled. If a student is removed from their current educational setting for a long period of time he or she may receive services, but not exactly as the services received before the disciplinary action took place. This is saying a person will receive a lower...show more content...
I believe that means only if you got in trouble for fighting with someone else this principal applies. What if you did something wrong alone the question becomes do I get services if I acted alone?
Students are automatically removed from their educational setting if they participate in drugs, weapons and injury. The terms described by injury is very vague. For example, one signifier of injury is extreme pain. That doesn't accurately tell anything. Everyone has different perceptions of what pain is to them.
A child who violates aschool code is protected under IDEA's discipline laws only if the school knows the child has a disability. The school can only know this if the mother has previously expressed concerns in writing, or the teacher talked about it and or made a referral prior to the incident. This is a very unfair determination. There are no specific guidelines that are set to determine if a student action is a manifestation of his or her disability. Even though the decision is determined by the IEP team it leaves room for error. I find it hard to accurately measure the actions of a student based on the thoughts the IEP team have
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