What disciplinary actions are permissible

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Assignment: Charlie Boy

Charlie is a fifth grader who receives special education services for a learning disability. He is on grade level in math and two years below grade level in reading. He receives services in a resource setting for one hour each day. Charlie has no history of behavior problems.

Recently, Charlie was caught stealing software from the computer lab at his school. His teacher referred him to the assistant principal who issued a three-day suspension and required him to return the stolen materials.

The day of the incident, when Charlie returned to the classroom to gather his belongings, he confronted his teacher. He called her names, threatened to come back to school with a knife to "cut her," and pretended to swing his fists toward her. Charlie's teacher called the principal, who, in accordance with the student code of conduct at the school, issued an additional 10-day suspension for Charlie, bringing his total days of suspension to 13.

Note: Adapted from Key issues in discipline (Module 19). Building the legacy: IDEA 2004 training curriculum, by R. Bradley, R., 2007, Washington, DC: National Dissemination Center for Children with Disabilities.

Address the questions that follow. Support your answers with references to specific sections of IDEA where applicable.

Question I. What will the special education teacher need to do next because of Charlie's 13-day suspension?

Question II. Who will need to be contacted regarding Charlie's suspension?

Question III. What services, if any, need to be provided to Charlie during his removal to an interim alternative educational setting (IAES)? Who are the stakeholders involved in this discussion?

Assume a manifestation determination review is held for Charlie, and it is determined that his behavior was not a manifestation of his disability.

Question 1. What disciplinary actions are permissible?

Question 2. What, if any, services will be provided to Charlie for the duration of the disciplinary action?

Question 3. What happens if Charlie's parents appeal the manifestation determination?

Reference no: EM133529279

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