Discipline

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Home : 2004 : August : 20

Discipline
By Debbie

Special needs kids tend to be treated differently as far as discipline is concerned (at least as I view it) because of the IEP and the laws that safeguard its implementation. Special ed is like a pendulum that swings back
and forth, from one extreme to the other. Right now some of the protection the special needs child enjoys can seem to be unfair to those who do not enjoy the same protection. Special ed kids do have more "rights" and safeguards than their non-disabled peers. IDEA gives the student and his parents those rights. The IEP is a contract, enforcable by law. I feel the weight the IEP as

a contract carries forces a lot of administrators to look the other way when discipline for a special needs student is needed. Let's face it--school districts live in fear of being sued.

The child who has been classified as Emotionally Disturbed has even more rights. Once classified, that student's behavior and subsequent discipline is weighed against his/her Behavior Plan goals, objectives, and consequences. Special procedures exist when disciplining a student who has been labeled ED. If the student does something outrageous, before the child can be moved to an alternate placement, a manifestation hearing must be held to decide if the child's behavior was a part of his/her disability. If so, very little is done. If not, the child can be removed from the current setting for a limited amount of time. Lots of paperwork ensues and the cycle continues.

Discipline for a special needs student is a hot potato. Some adminstrators handle it better than others. Last year I was beaten by one of my students. The student received very little in the way of discipline from the administration. They had to watch his "total suspension days" for the year. I thought I was going to have to go the hospital to be x-rayed for broken ribs, but his rights superceded mine because he was "special." This student also hit two other teachers with very little consequences. This child was not even classified ED.

I don't know what the answer is. Last year I had a number of reg ed teachers ask me "why?" these children had all the rights. I truly don't know, but maybe it's because they had very little in the way of rights for many years. Like I said before, sped is a pendulum that swings back and forth, from one extreme to the other. Maybe it will eventually end up in the middle, with equal rights for all--students, parents AND teachers.