The Toolbox consists of ten tools that school administrators can use to deal with disruptive and/or violent students who are eligible for special education.  Tool #4 is probably the tool that is used the least.  That’s a good thing.  Tool #4 is used when a student’s presence in the current placement is dangerous to the point that the school has decided to seek an order from a special education hearing officer or court to order the immediate removal of the student.

Here’s how this might happen. The school calls for an ARDC meeting to consider a change of placement because of the student’s disruptive and/or violent behavior.  The ARDC concludes that the behavior is a manifestation of the student’s disability—thus Tool #6 (Disciplinary Change of Placement) is not available.  The school members of the ARDC think a change of placement is called for, but the parents do not agree—thus Tool #2—an agreed-to change of placement—is not available.  And although the student is dangerous, he/she has not inflicted “serious bodily injury” or possessed drugs or a weapon at school—thus Tool #5 is not available.

Pursuant to the traditional “stay put” rule, the student is supposed to remain in the current placement. The principal and superintendent are genuinely worried that this will lead to an injury to someone in that classroom. We know that school administrators cannot “unilaterally” remove the student from the current placement—but they can seek an order from a special education hearing officer or a local district judge.  However, the burden of proof is demanding. The school must prove that if the student stays where he/she is, someone is “substantially likely” to get hurt.

Let’s hope that does not happen in your school this year. If it does, be sure to get your school’s attorney involved from the start. This tool is definitely one where the lawyer needs to be involved.

DAWG BONE: SCHOOLS CAN SEEK HELP FOR THE IMMEDIATE REMOVAL OF A STUDENT IF NECESSARY.