Special Education Law Blog

School Discipline Lacking Common Sense

I thought I had seen strange things in schools in the this area but the blog zero intelligence has compiled an impressive roster of the truly bizarre--Ripley's has nothing on this lineup. Here are some of the strange events which have been recently featured:

• a student who was acting as a designated driver drove and picked up friends at an off campus party where alcohol was being served. For this act of public safety he was suspended 20 days;
• a student was suspended (later repealed) for weapons violations for folding paper into the shape of a gun;
• a student was charged with a felony for bringing a butter knife to school;
• under Indiana law a student can be suspended or expelled for actions taken "any where and at any time" even if the action has no geographic relationship to the school or any connection to a school activity no matter how remote;
• a student was charged with sexual assault and sexual harassment for streaking in his underwear during homecoming when he accidentally bumped into a science teacher;
• an honor roll student held up a 1 oz. test tube of beer (she did not drink it) and received a 6 week stint in an alternative school [probably will not be on honor roll when she gets back];
• Janesville, Wisconsin High School students beware; there have been 7 expulsions this year almost equaling the total for all of last year.

I understand the need for school discipline and order in schools.  The point is that arbitrary and irrational applications of rules does not encourage respect for the system, it undermines it.  Historically, there seem to be spike in this kind of irrationality, especially in the  wake of real and tragic school violence in the headlines like we have had this last week.  Talk to your children at all grades to be extra vigilant of staying clear of the deans of discipline, especially if there is a shortage of common sense in your district.

Catching a Branch...

I believe in the power of courageously sticking with a positive vision for  children with disabilities. The challenges and obstacles to this vision are enormous but not insurmountable.  Sometimes the only thing we have to sustain our vision, as parents and advocates, is what I call “catch a branch.”  This phrase refers to my stubborn faith in a future of positive outcomes despite events which cascade in such a way that the future feels in state of free fall.  Despite this free fall, I force myself to stubbornly maintain faith that even though I have fallen off a cliff [or have been pushed], I will “catch a branch” before I hit the ground and will regain my way.  However, to put this belief in its proper perspective there is a lot of angst, chocolate eating and tirades both public and private which occur before I come to the calmer understanding that I will not go splat and will catch a branch. No, I am not a  saint and not a polyanna.

Hatred Just Below the Surface

A special education student in Louisiana brought a gun and knife to school and was expelled, but the school is continuing to provide services to the student during the expulsion. That part of the story is not newsworthy. What is newsworthy are the online comments from members of the community complaining of unfair disparate treatment and how worthless it is anyway to teach "those kids."  If parents have any doubt how close to the surface hatred lies towards children with special needs and special education generally check out this article.

Actionable Gossip

Student records are confidential!  Unfortunately, school people do not appreciate the importance of this protection. Many freely gossip without any consideration for a student's privacy and right to confidentiality. Students with special needs have a loss of control generally and when their information is not even held as sacred this is one more insult to their personhood.

Take what happened to my son recently. Beginnings of the school year are always fraught with stress, anxiety, miscommunications and many dropped balls.  I recognize that school people are not perfect and try to keep mistakes in the perspective of the beginning of the year.  Even at the beginning of the year though, I can not sit idle while staff dwells on everything negative, unable to see any positive developments.