Dear Dawg: Somebody told me that if a student makes a “credible threat” we can take disciplinary action without having to comply with IDEA procedures. True? I don’t remember this from your Toolbox presentation. FAULTY MEMORY?
DEAR FAULTY MEMORY? We don’t think your memory fails you. As we explain in the Toolbox, the school can take immediate disciplinary action for up to 45 school days regardless of the outcome of the manifestation determination in three “special circumstances.” Those involve 1) possession of weapons; 2) possession of drugs; 3) inflicting serious bodily injury. Verbal threats in the absence of a weapon, regardless of how scary, do not come within those three special cases.
Of course there are short term actions that are available, such as a three-day out of school suspension, and principals can assign students for a short period of time to a setting in which they will continue to receive services. But long term removal based on a verbal threat or a social media post? Not until the ARD has determined that the behavior is not a manifestation of disability.
This is discussed in detail in the Toolbox workshops, an all day presentation providing ten “tools” you can use when dealing with difficult disciplinary situations. Let me know if interested!
DAWG BONE: THERE ARE THREE “SPECIAL CIRCUMSTANCES” BUT NONE OF THEM INVOLVE PURELY VERBAL THREATS.
Tomorrow: don’t fall for a setup!