An 8-year-old Connecticut student with special needs attempted to reach for a teacher's purse in school one day. When he was prevented from touching it, he became angry and physically assaulted the teacher with punches, kicks, and scratches. A complaint has now been filed against the principal of that school for this incident. The teacher, Melissa Vargas, says that the school's policy for physically assaulting a teacher is a 5-10 day suspension, and calling the child's parents as well as the police. She is upset that, in this case, nothing was done to the student.
What Miss Vargas has failed to realize is that, according to IDEA, this student can not be punished the same way other students are punished. In fact, punishment would be completely inappropriate in this case. Kudos to Principal Brown for understanding this.
According to IDEA 2004, if a student has a behavior that impedes his learning or the learning of others, the school must discuss this at an IEP meeting and put a behavioral plan into place. This plan must use positive behavioral supports and other strategies to address that behavior. It is only after all plans and strategies have been exhausted that suspensions and other disciplinary actions should be considered, and only if there is a clear goal in mind behind those actions. For example, a suspension in order to find a more appropriate educational placement for the child.
Another thing to consider is the fact that IDEA also says that a teacher who has a child in their class who has special needs, must be offered “high-quality professional development” as to the correct use of positive behavioral interventions and supports. This could include courses on de-escalation as well as information on sensory breaks or positive reinforcement.
Without knowing the child in question, it is impossible to determine the correct course of positive behavioral support that he needed. However, arrest and/or suspension are not the answer since, in most cases, a child can not be punished or disciplined in the traditional sense for a behavior that is the result of his/her special need
To read more about this story, see Walsh pricipal defends his approach to discipline
Wrightslaw.com is also a wealth of information for parents of children with behavior disorders. Find up-to-date information on: What You Need to Know About IDEA 2004: IEPs for Children with Behavior Problems
If you have a story that you want heard, please email Kindall Nelson at specialeducationexaminer@gmail.com
See Also:
Corporal punishment of special education students cross the line to child abuse
Parents are key to prevention of abuse in special education classrooms
GAO study on restraint and seclusion of special education students frightening
Check back soon or subscribe to Kindall Nelson's email alerts above for updates on this and similar stories. (Your email address will not be shared.)
Note: Permission is granted to include short extracts of this article on websites and email lists with a link to this page (the original). This article has a copyright © and should not be reprinted in its entirety without the author's permission.
Comments
Kids like this needs to be locked up. If they can't stop him from hurting people now, what are they going to do when he's 15? No wonder some schools have trouble finding techers. Who would want to deal with that every day?
What is the lesson this child has been taught?
This child did not learn a lesson this time, but he also would not have learned one from being sent home for several days or having the police called on him.
The teacher, on the other hand, should first of all know that this wouldn't be an appropriate reaction to this child's behavior. Writing a complaint against the principal doesn't help anyone.
Secondly, it is possible that she does not have adequate training to handle this student, which the school must provide to her.
It is true that there are two sides to every story, still from the information presented, it seems pretty clear that this was not a 'teachable moment', which can be few and far between for some special education students.
Be real, Lock up an 8 year old child?? This child appears to have emotional, social and behavioral issues which need to be addressed by a professional. Locking up this child will just add to an already existing dysfunctional juvenile system. That is not the answer either. With the appropriate school placement and the appropriate services provided by the school (state education agency)and under IDEA 2004, this child can experience success and contribute in a positive manner to society versus the typical negative manner. Why would you want to destroy the slightest chance of helping an 8-year old child. Imagine if this child doesn't get help what will happen in the future.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!