EL5753_Module2Application.docx - 1 Module 2 Application Ana Poljak American College of Education EL5753 Law and Policy March 5 2021 Dr Kim Sethna 2

EL5753_Module2Application.docx - 1 Module 2 Application Ana...

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1 Module 2 Application Ana Poljak American College of Education EL5753- Law and Policy March 5, 2021 Dr. Kim Sethna
2 Determining Student Due Process and Privacy Rights It is of utmost importance that students feel safe and comfortable within an educational establishment. Both students and their parents/guardians put their trust into schools, especially when safety and information is at hand. It is the job of the educational establishment to ensure that student and family privacy is protected. The information provided must be safeguarded by the organization and used only for educational purposes that affect the student’s learning process while in school. It is legally and ethically important that schools follow this protocol and ensure that all student information is kept confidential. With any case, it is imperative that all disciplinary decisions that are made by the school and its leader are carefully thought out with the use of state and/or district laws, policies, and protocols. Case Study and Questions In the case study in question, we have Julia, a student with an individualized education plan (IEP), which includes a behavior plan. When Julia’s teacher passes out a quiz, Julia creates a distraction and a marijuana joint falls out of her pocket. Julia explains that the marijuana joint was given to her by Marcus earlier that day. As a leader, setting forth disciplinary action must come into play. There are multiple parts of this event that need to be carefully reviewed in order to ensure the best solution that will keep all student’s well-being in mind, as well as keeping a safe learning environment for all students within the building. The first step would be to break down the actions of the students. The first negative behavior that Julia showed was a negative outburst when her teacher was passing out a quiz. The second negative behavior was her possession of drugs. The behaviors may have separate consequences depending on the decisions made by the leader. As related to the case of Goss v. Lopez (1975), “any student must be provided the right to due process in an action of suspension, in which it may be in an oral or
3 written notice of the charges, and a hearing is granted to allow the student an opportunity to respond towards the offense” (Goss v, Lopez, 1975). Leaders will not be making the decisions for consequences alone, especially in Julia’s case. Because she has an IEP, there will be multiple people involved when determining the consequences due to her classroom outburst. The leader will be joined by the IEP team in order to conduct a manifestation determination. This team will consist of Julia’s case manager, school social worker, a special education supervisor, and Julia’s parents/guardians. Julia’s case manager will be the person that addresses the needs and supports that Julia needs in order to be provided the most appropriate education that will allow her to be successful.

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