Grand Canyon Differences Between General and Special Education Student Paper Please answer the following question:What are the differences between discipli

Grand Canyon Differences Between General and Special Education Student Paper Please answer the following question:What are the differences between disciplining a general education student and disciplining a special education student in a public school setting? Specifically, how do you think educators should approach discipline for students with ASD?

Response to each student discussion:

1. This is an involved question – as far as my understanding goes, the differences between disciplining a typical student and a student who receives special education services is dependent on the mandates of the IEP (LRE, diagnosis, implementation, etc.). For example, a student receiving special education services, who has a diagnosis of SLD (specific learning disability) has demonstrated dangerous behavior in classes. Because the school does not allow dangerous behavior, the student will be suspended for two days (just as a general education student would be. Because it’s only two days, the “ten-day rule” doesn’t apply, yet. However, by the third quarter, the student has been suspended four more times (each two-day periods). Now, the student has reached the magic number ten. Here’s where the core difference comes into play – the IEP has now been violated because the student has had a change of placement. This can be remedied through a simple amendment; however, it’s not always simple. That’s when the courts come into play. The ten-day rule also applies to consecutive days; when the student is suspended for ten or more consecutive days, it’s time for a manifestation determination. The role of the manifestation is to determine if the student’s misbehavior is a result of the student’s disability.

Recently, I had a unique situation, one of the students on my caseload, who is diagnosed with ASD, was skipping school. His mom wanted the BECCA bill to be filed so that the student would be held accountable for his truancy. We held a manifestation determination meeting and determined that the truancy was a result of the student’s disability. Therefore, the BECCA bill didn’t hold water – in other words, the student couldn’t be held accountable. An FBA followed and then a BIP.

I’ve been asked for advice on discipline for students with ASD by our discipline assistant principal, and to be totally transparent, I never have the “right” answer. However, after reading chapter thirteen of our text book, I plan on printing out the provided flow chart. If the flow chart is followed, then specific considerations need to be taken into account. I’ll use this flow chart for my own guidance, as well as share it with my administrators.

2. Upon reading the prompt, I initially defined disciplining as punishment. Nowadays, we typically don’t call consequences “punishments” but there are certainly negative consequences to poor choices of actions. Disciplining a student who is developing typically versus a student with disabilities vary greatly. Typically developing children are able to understand higher expectations of appropriate behavior. They are able to make better judgements on what is appropriate and what is not. Students with disabilities may struggle with understanding expectations and exercising sound judgement before they act. Educators should hold high expectations for students with ASD to make good choices but understanding that students with disabilities will have a harder time understanding these expectations and how to generalize appropriate skills learned. More prompts may have to be given and more intensive interventions may need to be used.

Our text provided useful information on Special Education laws. When students in general education breaks school codes and rules, there are natural consequences that may escalate into expulsion. However, according to Rothstein and Johnson (2014), for a child with a disability, the law states that the student’s program must change to address the behavior and they can’t, and shouldn’t, simply be expelled (p. 262). Also according to Rothstein and Johnson (2014), “a school cannot unilaterally change a special education student’s educational placement by removing the student from school for behavior that is caused by the disability” (p. 262).

I teach students with moderate to severe disabilities and we definitely operate under a different set of “rules” when it comes to discipline. My students are not sent to the principal’s office for inappropriate behaviors. They are definitely not suspended or expelled for severely inappropriate behaviors such as biting and hitting. I still hold high expectations for my students to behave appropriately and that inappropriate behavior is not “caused” by their disability. No one is born to bite others or punch others in the face. However, their ability to understand what is appropriate and ability to use sound judgement to make good choices can be hindered by their disability which will take more time and patience to develop and generalize.

Read “Your Child’s Rights: Individualized Education Program (IEP): Summary, Process and Practical Tips,” from the Autism Speaks website.

URL:

http://www.autismspeaks.org/what-autism/your-childs-rights Chapter 1: The Legal System and How It Works
Introduction
Understanding the legal requirements for providing education to students with disabilities requires an understanding of the basis of law and how various laws relate to
each other. This is an area of law that has a very dynamic relationship between constitutionally based requirements, statutory responses, regulations and administrative
guidance interpreting statutes, and judicial opinions deciding cases pursuant to these
requirements. The relationship between state and federal requirements is also critical in
understanding this area of law. This chapter introduces the reader to how the law works
so that the remainder of the text can be read and understood with that background.
State and Federal Laws The United States Constitution and State
Constitutions
The primary and basic source of law in the United States is the
Constitution. Federal statutes passed by Congress must be based on some
provision of the Constitution. State constitutions and statutes may go
beyond what is provided in the federal law as long as there is no conflict
between them and as long as state laws do not address areas reserved to
the federal government, such as providing for the national defense.The
Constitution of the United States, because it is a general framework, does
not specifically answer every question of law, and it has been subject to
substantial inter-pretation over the past two centuries. The Constitution
provides for the establishment of legislative, executive, and judicial powers
of the United States as well as procedures for modifying the Constitution
itself. In addition to the articles of the Constitution, there are 26
amendments to the Constitution. Of major importance to special educa-tion
are the constitutional provisions for spending money to protect the general
wel-fare1 (which is the basis for the Individuals with Disabilities Education
Act [IDEA]2 and Section 504 of the Rehabilitation Act3 as well as the
fourteenth amendment, providing that no state shall “deprive any person of
life, liberty, or property, without due process of law . . . nor deny . . . equal
protection of the laws”).4 It should be noted that there is no constitutional
mandate requiring that the federal government provide education. Under
the tenth amendment to the Constitution, “powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, are
reserved to the States.”5 All states have, by virtue of that authority,
provided for public education, either by state constitution or by state statute
or both. States are, therefore, required under the due process and equal
protection clauses of the fourteenth amendment to provide education on an
equal basis and to provide due process before denying equiv-alent
educational programming to different students. As the following chapters
dem-onstrate, however, it is not always clear what it means to be “equal,”
and it is not always easy to determine what “process” is due. In addition,
the fourteenth amendment applies only to states or state agents acting
within state authority. When an individual teacher or other educator acts
without a specified state policy spelling out whether the particular act is
permissible or not, it is not always clear whether the individual is act-ing
within state authority so as to meet the “state action” element of the
fourteenth amendment. For example, if an administrator refuses to return
phone calls of a parent of a student with a disability, and, as a result, the
appropriate programming for that student is substantially delayed, it is
unclear whether the administrator’s acts would be deemed to be within the
authority of the state.
Statutes
The Constitution provides that Congress shall have the power to “make all
Laws . . . nec-essary and proper for carrying into Execution the foregoing
Powers.”6 Pursuant to that authority, Congress has enacted an enormous
body of laws that cover everything from civil rights in the workplace to
aviation safety laws.
The federal statutes of most relevance to special education are the Individuals with
Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and
Section 504 of the Rehabilitation Act. These were passed pursuant to the constitutional
provisions that authorize the expenditure of money to protect the general welfare. The
IDEA authorizes the expenditure of federal funds to subsidize special education
provided by the individual states. Section 504 of the Rehabilitation Act requires that
programs receiving federal financial assistance not discriminate on the basis of
disability. The ADA prohibits public and private schools from discriminating on the basis
of disability.Most statutes of relevance to education generally are state statutes rather
than federal statutes. Although education is highly regulated indirectly by federal funding
programs, education is for the most part a state function, with some functions dele-
gated to local school districts. All states have as part of their overall educational program a plan for providing education to students with disabilities within the state. By
having a plan that complies with the guidelines set forth in the IDEA, all states qualify for
federal funding to assist in providing that education to students with disabilities.
Regulations and Guidelines
Statutes are usually passed as a general framework of policy relating to a particular
issue. Congress and state legislatures generally delegate to administrative agencies the
task of developing detailed regulations pursuant to federal and state statutes. These
regulations must be within the authority of the statute. Federal regulations and some
state regulations are finalized only after an opportunity for notice and public com-ment.
If a regulation is developed within the framework and limitations of the statute, it has the
weight of law.In addition to regulations, administrative agencies often develop
guidelines that suggest how the laws administered by the relevant agency should be
interpreted. While these do not have the weight of law, they are often given a great deal
of deference by both policymakers and courts.Special education is an area in which
elaborate sets of regulations exist at both the federal and state levels. At the federal
level, the IDEA regulations spell out in considerable detail the procedures and
programming that must be provided to children with disabili-ties in order for states to
receive federal funding.7 States must submit their state plans to the federal Department
of Education to qualify for IDEA funds. States may go beyond what is required in the
IDEA regulations as long as their regulations are not inconsistent with the federal
requirements. For example, some states have broadened the definition of which
children are entitled to special education by including gifted children in their spe-cial
education programming. States also often regulate areas such as bus transportation,
pupil/teacher ratios, and other issues that are more appropriate for state
regulation.Case LawCas 4 SPECIAL EDUCATION LAWthat incorporated custom. This
early law was known as common law. Most judicially rendered law today is opinion not
about custom but rather interpreting a constitu-tional provision or statute as it applies to
a particular set of facts. Courts are limited to rendering opinions about the specific facts
in the cases before them. Pronouncements of a broader nature are not prohibited, but
they do not have the force of law. Broader pronouncements are known as dicta, and
they provide guidance to potential litigants about their chances of success should they
decide to seek a remedy in the courts.In the United States, there is a fairly universal
acceptance of the concept of stare decisis, which means that courts are bound to
render decisions consistent with previ-ous decisions in the same jurisdiction and the
higher courts over that jurisdiction. If a court reaches a result different from a previous
decision, it must usually justify the decision by explaining why the set of facts before it is
different, or why circumstances have changed, or why the previous decision was wrong.
So that judicial law can be known to the public, most judicial opinions at the federal level
(and a significant por-tion of opinions within state judicial systems) are published. These
published opinions are available in law libraries and often through Internet sites. Part of
a legal education includes training in how to find relevant court opinions as well as how
to research statutes and regulations.Administrative Decisions and
OpinionsAdministrative decisions and opinions are issued at the federal, state, and local
levels by administrative agencies. The federal Department of Education often issues
interpretive statements and letters of opinion. Some state educational agencies do this
as well. At both the federal and state levels, specific cases are resolved by
administrative agencies, which often issue written findings. While these are important as
guides to how an agency is likely to interpret or decide a particular matter, such
decisions and opinions do not carry the same weight or have the same precedential
value as statutes, regula-tions, and judicial decisions. Because of their lesser value,
such opinions and decisions are not a substantial basis for the material included in this
text. In addition, these state-ments are not consistently reported publicly in the same
way as statutes, regulations, and judicial decisions; therefore, having a current
comprehensive set of findings is difficult.It is very useful for individuals involved with
special education issues to obtain access to the administrative decisions and opinions
in their particular state. The dif-ficulty or ease of obtaining these statements varies
dramatically from state to state. For that reason, individuals should initially contact their
state education agencies to deter-mine the best means of accessing such materials.
The Internet has made these deci-sions somewhat more accessible.Federal regulations
must be published in the Federal Register with an opportunity for public comment
before they are finalized. Federal agency opinion letters, however, do not go through
the notice and public comment process. For that reason, they do not have precedential
value, although they are often accorded some deference by courts and followed by
schools. Unless one has access to a loose-leaf service or similar distri-bution of such
materials or can access them through the Internet, obtaining these let-ters and
decisions may be difficult.
Case Law
Case law is the law developed in the courts. Historically, it was a means of establishing
law before there was a great deal of written statutory law. Judges would render opinions
4 SPECIAL EDUCATION LAW that incorporated custom. This early law was known as
common law. Most judicially rendered law today is opinion not about custom but rather
interpreting a constitu-tional provision or statute as it applies to a particular set of facts.
Courts are limited to rendering opinions about the specific facts in the cases before
them. Pronouncements of a broader nature are not prohibited, but they do not have the
force of law. Broader pronouncements are known as dicta, and they provide guidance to
potential litigants about their chances of success should they decide to seek a remedy
in the courts.In the United States, there is a fairly universal acceptance of the concept of
stare decisis, which means that courts are bound to render decisions consistent with
previ-ous decisions in the same jurisdiction and the higher courts over that jurisdiction. If
a court reaches a result different from a previous decision, it must usually justify the
decision by explaining why the set of facts before it is different, or why circumstances
have changed, or why the previous decision was wrong. So that judicial law can be
known to the public, most judicial opinions at the federal level (and a significant por-tion
of opinions within state judicial systems) are published. These published opinions are
available in law libraries and often through Internet sites. Part of a legal education
includes training in how to find relevant court opinions as well as how to research
statutes and regulations.
Administrative Decisions and Opinions
Administrative decisions and opinions are issued at the federal, state, and local levels
by administrative agencies. The federal Department of Education often issues
interpretive statements and letters of opinion. Some state educational agencies do this
as well. At both the federal and state levels, specific cases are resolved by
administrative agencies, which often issue written findings. While these are important as
guides to how an agency is likely to interpret or decide a particular matter, such
decisions and opinions do not carry the same weight or have the same precedential
value as statutes, regula-tions, and judicial decisions. Because of their lesser value,
such opinions and decisions are not a substantial basis for the material included in this
text. In addition, these state-ments are not consistently reported publicly in the same
way as statutes, regulations, and judicial decisions; therefore, having a current
comprehensive set of findings is difficult.It is very useful for individuals involved with
special education issues to obtain access to the administrative decisions and opinions
in their particular state. The dif-ficulty or ease of obtaining these statements varies
dramatically from state to state. For that reason, individuals should initially contact their
state education agencies to deter-mine the best means of accessing such materials.
The Internet has made these deci-sions somewhat more accessible.Federal regulations
must be published in the Federal Register with an opportunity for public comment
before they are finalized. Federal agency opinion letters, however, do not go through
the notice and public comment process. For that reason, they do not have precedential
value, although they are often accorded some deference by courts and followed by
schools. Unless one has access to a loose-leaf service or similar distri-bution of such
materials or can access them through the Internet, obtaining these let-ters and
decisions may be difficult.
The Judicial System
To understand which court opinions on the relevant subject matter apply to a specific
case, it is necessary to understand the court system in the United States. The system
includes both federal and state courts and various appellate levels within those
systems.
In the United States, there are really 51 court systems: the federal court system and a
court system in each of the 50 states. Each system has the power to decide both
criminal cases and civil cases, but the jurisdiction of the federal courts is limited by the
Constitution. Article III, which defines the judicial power of the federal courts, says that
this power extends only to cases “arising under this Constitution [and] the Laws of the
United States.”9 This limitation on the types of cases that can be decided by courts of
the United States is the most important limitation for those who deal with legal issues in
education. Often referred to as “federal question jurisdiction,” it means that cases
concerning the fourteenth amendment’s equal protection provision or cases involving
sex discrimination in education (which is prohibited by federal law) can be decided by
federal courts. On the other hand, a case involving alleged defamation cannot be
decided by a federal court but would gener-ally have to be tried in a state court because
it is based on state law only. State courts, in addition to dealing with a variety of criminal
and civil matters, also have the power to decide cases concerning issues of federal
statutory and constitutional law. Because many legal problems in education involve
federal questions (either constitutional or statutory), litigants in such cases have a
choice as to which court system (federal or state) they will initially choose. A case filed
in a state court can reach the U.S. Supreme Court if a contro-versy still exists after it
has been heard and decided by the highest state court. Figure 1.1 shows the alternative
paths of a judicial controversy.
Figure 1.1 Alternative paths of a judicial controversyU.S. Court of AppealsU.S. Supreme
CourtU.S. District CourtState Court of AppealsState Supreme CourtState Trial
Court(petition for certiorari)
The federal judicial system and most state judicial systems are three-tiered. They have
a relatively large number of trial courts, where the facts are determined and where the
law is applied to the particular facts; a smaller number of intermediate appellate courts,
which review the way the law has been applied to the facts; and one final court of
appeals, which is the highest court of the particular jurisdiction. The names of these
courts vary from state to state; they are often called superior court, court of appeals,
and supreme court,
respectively; but this is not always true, so care should be taken in determining whether
one is reading a case from a trial court or from the highest court of a state. In New York
State, for example, the lowest trial court of general jurisdiction is the Supreme Court,
whereas the state’s highest court is the Court of Appeals. In the federal system, the
nearly 100 trial courts are called United States District Courts, the 13 courts of appeals
are called the United States Courts of Appeals, and the highest court is officially called
the United States Supreme Court.
Judicial controversies generally move from the trial court level to the intermediate appellate court level and, finally, to the highest court of the jurisdiction. Additionally, a case
can move from the highest court of a state to the U.S. Supreme Court, if the losing party
sub-mits a request to the Supreme Court to consider the case. This request usually
comes in the form of a “petition for certiorari,” which the U.S. Supreme Court can either
accept or reject. After careful consideration, a vote is taken by the nine justices; if four
vote in favor of con-sidering the case, the justices will issue a “writ of certiorari” asking
that the case be sent to the Court. This often occurs when the various federal courts of
appeals are in conflict over a particular issue.
When reading one of the many cases decided by the various state and federal courts,
an important point to consider is whether or not the particular decision of the court (often
called the court’s “holding”) is binding in your state or region. Decisions of the Supreme
Court are binding everywhere, but the decisions of the lower federal courts are binding
only in their respective territories. All federal courts of appeals (except for the one in
Washington, DC, and one dealing with special patent and copyright issues) cover more
than one state, and there is more than one federal district court in most states. A map of
the jurisdictions covered by the federal courts of appeals is contained in Appendix A.
The opinions of state courts are binding only in the state where they are decided.
However, deci-sions from courts other than the one deciding the case may be used as
precedent; although not binding, these decisions are often considered persuasive in
other jurisdictions.
Regulatory Decision Making
Congress sometimes delegates to an administrative agency the function of deciding disputes or
determining whether a statute has been violated. The reason is often one of efficiency and
quality of decision making. It is costly and time-consuming to litigate disputes in court. A
resolution before an administrative hearing officer is often quicker and less expensive, although
it is not always so. In addition, in some cases, an admin-istrative decision maker may have a
particular are…
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