By Judge Steve Walker
When
it comes to citations for disorderly conduct, inappropriate language or
disruption of class, by law, special needs students fall under different
guidelines than regular students in the classroom.
According
to the federal guidelines for special needs students, they should not be sent
to Justice Court
It
is the school’s responsibility to offer an alternative curriculum or classroom
setting to allow the student to function, however limited, when it is
discovered a student has been tested and diagnosed with a disability, be it
learning, physical or mental impairment.
Tools
used in the special education program include an Individual Education Program
(IEP) Behavioral Management System and the Admission, Review & Dismissal
(ARD) meeting which is normally attended by the student, parents, advocates,
teachers and any specialist deemed appropriate to participate.
It
is during those called meeting that the welfare of the student is discussed and
an IEP is introduced and tailored to fit the student’s needs to allow that
student to be successful in completing their studies as modified by the
program.
Examples
of an IEP may include but not limited to: abbreviated tests, allowing students
to answer questions verbally rather than written, additional time to complete their
assignments, more one on one interaction with the teacher, and more focus on
life skills than academic skills.
The
behavioral management portion of the ARD identifies specific behaviors that the
student must maintain and adhere to in a controlled environment based solely on
their diagnosed disability. While many special needs students are able to
function in self contained units rather than mainstreamed into regular classes,
the goal is always to build a structure for the student to allow the special
needs students to work within, and through time, transition into the mainstream
classroom.
Since
special needs disabilities vary widely in nature from student to student each
case must be based on its own merits. In turn, logic says that disabled students
cannot be judged in a court of law the same as regular students without
disabilities. This is not free pass for unacceptable behavior by the disabled
student, but the law.
As
a retired Special Education teacher, I remind schools that they need to follow
the law on this issue and not let the disabled students fall through the cracks
unnecessarily. For special needs students, the remedy lies at the schools, not
the courtroom.
Lastly
as always, if you are due in court, be sure to show up to court on time. It is
in everyone’s best interest.
Justice
of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
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