Sunday, May 9, 2010
Drug Case
As the result of a random drug search conducted in your school, three students were identified with illegal substances. One of the three students is identified as a student with a disability and that student was also identified as the major distributor of school drugs. Describe how you will react/take actions in this case.
Subscribe to:
Post Comments (Atom)
With one of them being a student with a disability, I would first want to look at the IEP to see if anything would warrant this behavior from the disability. If so, then the actions taken would have to go in accordance to that. If not then looking at the county policy manual and knowing that the action would have to warrant expulsion from school property. Documenting all steps taken and comments made to the students. Bringing in the school resource officer to see if charges would need to be brought against the students for the actions of bringing drugs on school property.
ReplyDeleteWith this sort of issue, a manifestation meeting must be held (including the parents, teachers, administrators and the child's case manager - in other words his IEP team) in order to determine whether or not the behavior is a manifestation of the student's disability. If it is determined that it is not a manifestation then the school/district policy for discipline for the child should be followed in the same manner as for other children. If it is a manifestation of the disability, then other disciplinary measures, etc. should be considered.
ReplyDeletePrior to responding what I would do, I am curious as to how a random drug search was warranted without probably cause and suspision?
ReplyDeleteI feel that this situation would be treated no differently whether it be a student with or without disabilities. A manifestation meeting would need to be held to determine if the behavior is related to the disability. In Roanoke County, distribution has ZERO TOLERANCE. The student would be taken to the board and deputy superintendent to determine disciplinary action.
The state police are allowed to bring the drug dogs to search the building, lockers and exterior of cars in the parking lot of schools. It is the right of the students to have a safe environment. If one of the students identified, as having drugs, has a disability and the drug charge will bring disciplinary action that will change a student's placement, the principal needs to contact the student's casemanager and have a written notice of manifestation meeting sent to parent within ten days. (Change of placement is when the student is suspended for more then 10 days, expelled or moved to a more restrictive setting due to a charge.) A manifestation meeting is like an IEP with parent, casemanager, and other relevant participants involved. This can be complex. Are charges a manifestation of the child's disability? Was there a Behavior Intervention Plan? If the team feels the child's disability was a manifestation then the team needs to address how they can help the child. Does a functional behavior analysis need to take place? If the team members determine that the child's disability was NOT a manifestation, then typical discipline will take place since the child violated school rules and endangered others. The parent/child can appeal/challenge if they do not agree with the action. This challenge can be based on disability or severity of disipline. The child has the continued right to a free and appropriate education. Treatment centers might be proposed within a more restrictive environment.
ReplyDeleteAgreeing with the other posters, this situation needs to be handled properly based on the child's disability. The student's parents and case manager, and any other relevant parties must be involved in the proceedings. Nevertheless, the child violated the school's policy and endangered other students. Therefore, the appropriate disciplinary action is required.
ReplyDeleteI also agree with the above posts. I think that I would have to first look at the IEP to determine if this behavior is a symptom of his/her disability. The original eligibility team would then be gathered to determine the course of action. I would make sure that consequences were still in place that were appropriate for the crime in accordance to the school policy manual.
ReplyDeleteThe disiciplinary actions taken would have to go along with the school regulations and handbook for this kind of behavior. After consulting with these sources, the referral would be written accordingly. Now because the student has an IEP and a disability, and because the suspension would probably be longer than 10 days and include a possibility of explusion, a manifestation determination review (MDR) would have to occur. In this meeting, the IEP team would determine if the behavior in question was due to their disability. The decision made at this meeting would then steer the course of action taken from this point. Regardless of the decision, because the student has an IEP, educational services would need to be provided through homebased services or through another placement determined by the IEP team.
ReplyDeleteIn the state of Virginia, random drug sweeps are allowed. I have seen various state police dogs come in to search for particular drugs. One dog went off for just cigars. The school resource should be called in to document the charges for the city/county. The child's parents/guardian should be notified. One administrator should be documenting for the superintendent to go toward the school board for action. For the child with an IEP, I would have to see what is written there about the child's disability. At my particular school, zero tolerance is expected. My school recently charged a child with Asperger's along with others for sexting. My school division would more than likely expel the students and probably another school division would allow these students to attend their school (as long as they paid out of county tuition).
ReplyDeleteFirst I would have to see what the school board policy is - if it is zero tolerance, then that would speak for itself. If the school system does not have a zero tolerance policy all students should be suspended or expelled for the proscribed amound of time and evidence turned over to the police. A manifestation meeting for the sped student should be held ASAP - like the next day. I might be cynical, but I highly doubt that at the manifestation meeting they will find that distributing drugs is part of the disability, but if it is then I would want him to get some sort of help managing his disability ASAP and some proof that it's being handled before I let that student back.
ReplyDeleteI also agree with the others. I would also doubt that this situation was due to a manefestation of a disability, however, it is our obligation to review the situation during a manifestation meeting. All school policies should be followed according to the outcome of such a meeting. If there was no evidence found relating the incident to the disability, I would follow school disciplinary policy just as with any other student.
ReplyDeleteFirst of all, check to see what medications that student is on. I would develop another course of action for handing out the prescription medication so that this student is not allowed to distribute anymore of his own medication. I would follow the county policy and make sure that this kind of situation did not happen again.
ReplyDeleteFor this scenario, I am assuming that the student with a disability has an IEP. If no IEP, he falls under the same discipline as the regular students and his disability is not a factor.
ReplyDeleteIf he has an IEP, then a manifestation meeting needs to be held and a committee reviews the students disability as well as the actions of the student regarding having the drugs. The committee determines if the students disability caused him to be involved in the incident. If they determine that it is due to his disability, different actions are taken. The student still receives consequences for the incident, but they will be appropriate to his disability. If the committee determines that the students disability was not a contributing factor to the incident, the student is treated the same as the other students. The only difference would be that if the students discipline causes them to miss school, the student with the IEP would continue to receive services while out of the school.
As an administrator, you are allowed to do random drug searches. Our school policy is 10 day suspension, especially since this student is distributing. However, the student is served with an IEP and that means that an MDR will have to be conducted to see if it is part of their disability. The school must provide services to this student while they are suspended.
ReplyDeleteAssuming the illegal substances were found during school hours, I would feel it necessary to remove the involved students from school property. I would contact their parents to inform them of my knowledge thus far and request they pick their children up from school, and assure them of a follow-up call again after investigating. If the child with a disability has an IEP, I would meet with his case manager to review his IEP as well as any disciplinary measures taken against him previously (keeping in mind the 10-day time frame.) I would notify the division’s director of special ed to inform her of the incident (per division protocol,) and would forward my findings to the superintendent. Matters such as these (warranting more than a 10-day suspension) are heard before a system-wide discipline panel and a recommendation collectively made to the school board.
ReplyDeleteI would like to know the child's disability and if the child was cognitively aware of the drugs. Students may take advantage of children with disabilities.
ReplyDeleteI would also do some follow up with how, when and where the drugs were found. Then, I would follow the policy established in our school system considering the students previous disciplinary actions and student’s cognitive ability. My school system has a zero tolerance policy and the student would be required to attend drug treatment class. Additionally, the student assistant program coordinator would create a contract with the student and drug testing would be required. I would also contact parents regarding the incident after I have investigated the situation further. In my investigations, I would interview students, review student’s medical history, and discuss information with case manager. Then, an IEP meeting may need to be convened and a punishment would be given.
For a child with a disability, I would get the child's case manager and do a joint interview with the child to determin his actions. I would contact the parents, and essential central office personnel. I would hold a manifestation meeting and get the IEP team to determine if this action was a part of the child's disability. Based on their findings, I would put a behavior intervention in place to be sure the child's needs are being met and that there is a direction in going forward. Based on the above meetings and school board policy, there could be a disciplinary action following.
ReplyDeleteI would immediately call all parents of the students involved to pick up thier children from school and discuss with them the situation that happened at hand. Next, I would call my division's director of special education to let him/her know about the situation and to get guidance about how to handle the situation appropriately. A meeting with the child's case manager would follow, as well as a manifestation meeting to determine if the action was a result of the child's disability. If not, the child would be suspended for the set number of days (likely more than 10). Therefore, the parents and student would need to be informed of the disciplinary meeting and thier right to attend.
ReplyDeleteThe school resource officer should be called in to meet with the students and help with this situation. The two students without disabilities parents should be contacted and the students should be sent home immediately. In accordance with the school division's policies, the students will be suspended. The student with a disability will be handled in a similar fashion; except that the student's case manager and the special education director at central will also be contacted and the IEP reviewed to see if the disability was a contributing factor in the situation. If the student's disability was not, the consequences will be the same as the other students.
ReplyDeleteThis could be a tricky one seeing that one of the students has a disability. First I would check with the assigned case manager of the student to see what the disability is. If the disability is deemed to inhibit the child's ability to know what he was doing as wrong then I will follow the necessary steps. If not then the student will be held just as accountable as the others. I will carry out the district's Drug-Free philosophy and punish the students with the recommended sentence. As for the child with the disability, I would have to investigate further in regards to him being accused the main drug distributor for the school. If indeed the student is then I will have to check the district's policies to see if the punishment deserves a harsher sentence than the others.
ReplyDeleteI would begin by examining the policy that is outlined for Students with Disabilities. Typically, students with disabilities are subject to the provisions of the drug policy and may be disciplined to the same extent as a nondisbaled student provided the review committee determines that the violation was not a result of the student’s disability. If the violation is not a result of the student's disability, the committee may recommend to have the student be disciplined to the same standards as a nondisabled student.
ReplyDeleteI agree with many of the above comments. First we must determine if the student's disability could be the cause of this poor judgement. If the student is found to be responsible for these actions, I would further investigate the rumor that he is a major drug distributor.
ReplyDeleteAll three students will be given the same initial punishment based on the drug policy for the district.
I hear what everyone is saying but I want to stress the seriousness of the situation. Drugs are in our schools. Distributing drugs is a felony. Police detectives will be involved, many students will be interview in the days to come. More searches will result. There will be more students being charges with drugs. Get ready.
ReplyDeleteAs to these three students, when the drugs were found, the parents would be called by the resource officer and they would be interviewed. We must follow protocol for the child with the disability (notify case manager, call team for MDR to see if manifestion is evident) and we must be open to the possibility that the disability is involved. However, drug distribution is serious, and unless there is indeed another person who is manipulating the disabled student, I believe that the outcome looks like a felony charge for that student. FOllowing policy, all three in my county would get a 10 day suspension. The disable child will need services to continue, and there will be the possibility of needing to have services continue if serving time in juveline detention.
I also believe that this should be a heads-up to administrators that there is a drug problem at this school and faculty and leaders need to start talking about this problem.
I would hold the students in the office and call the parents and inform them of the situation. I would follow school policy to determine the discipline action needed to take. After the students were sent home I would review the students IEP and meet with the special education department to view the students needs. If the accumulated suspension days was 10. Then we would need to hold a manifestation hearing and go from there.
ReplyDeleteThe first thing I would do, would be to look at the IEP of the student with the disability. I would make sure I documented every step that was taken. I would refer to the county policy manual to see what an appropriate punishment would be for the offence and I would contact the school resource officer along with the special education teacher at the school. I think together, as a team, we would be able to come up with an appropriate punishment for the student.
ReplyDelete