Jennifer Armenia

EDUL 6024

Assignment 3

 

1. False.  A student can be removed to an alternative educational setting for no more than 45 days without regard to whether or not the behavior was a manifestation of the child’s disability if a child carries or possesses a weapon at school or on school premises.

 

2. False.  If it has been determined that the child’s behavior was a manifestation of the child’s disability the IEP team must conduct a functional behavior assessment and create a behavior intervention plan.  If a behavior intervention plan was already created, it would need to be reviewed and modified and return the child to the placement from which the child was removed unless a change of placement was agreed upon as part of the behavior intervention plan during an IEP meeting.  The IEP team would determine the child’s placement.  The hearing officer can order a change of placement of a child with a disability to an appropriate alternative education setting for no more than 45 days if the hearing officer determines that the current placement of the child is likely to result in injury to the child or others. 

 

3. False.  In this situation the child’s behavior was not a manifestation of the child’s disability therefore the school may discipline the child in the same manner as a child without disabilities would be disciplined.  Since this particular child will be removed from his or her current placement for more than 10 days in the same year, and the current removal is for less than 10 days, school personnel (with consult of the child’s teacher) can determine the extent to which services are needed to enable the child to participate in the general education curriculum. 

 

4. False.  Even though the child’s behavior is a manifestation of the child’s disability the child is suspended for 4 days.  Providing educational services during the suspension is only required if educational services would be granted to a student without a disability.  If the child was suspended for more than 10 school days in the same year then the child would receive educational services for any day after the 10^th day. 

 

5. False.  The parents need to be notified of a disciplinary action the day it takes place.  The decision to bring a child to the disciplinary panel the next day is not in violation of due process.  The assistant principal suspended the student the day the incident took place.  The parents need to be notified the day the incident took place, which did occur.

 

6. True.  This would only be true if the IEP is more than one year old.  The student has previously been suspended for similar behaviors indicating a need for a change in the student’s Behavior Intervention Plan.  If the IEP is less than one year old this would be false and the parents could request an IEP meeting to change the child’s Behavior Intervention Plan.

 

7. True - if the school is aware of the child’s disability.  Since the child has been diagnosed autistic, the child should have an IEP which includes an appropriate intervention plan for the student as well as a behavior intervention plan.  Since it is known that the student has extreme aversion to loud noises, a plan to accommodate the child during the fire drill should have been in place.  If the parents have failed to inform the school of the child’s disability then the school is not in violation of the student’s due process rights. 

 

8. True.  In this situation the school’s actions are appropriate.  Since the parents refused for the child to have an evaluation and the students is not diagnosed as a special education student, the student’s behavior is not covered under IDEA and therefore the student can be disciplined as a regular education student.

 

9. True.  If a child was in violation of a code of student conduct, the parents and relevant members of the child’s IEP team must review all relevant information in the student’s file within 10 days of any decision to change the placement of a child.  If it is determined that the child’s behavior is a manifestation of the child’s disability, then a functional behavior assessment must be conducted and a behavior intervention plan must be developed. 

 

10. False.  If a child is found guilty at a panel hearing and the parents file an appeal, the child continues in the interim alternative education setting until the end of the specified time or the decision of the hearing officer has been made.