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  1. #1
    kristne is offline Junior Member
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    Unfair school discipline policies (Double Standard)

    What is the name of your state (only U.S. law)? OHIO

    Principals' perceptions about the seriousness of a variety of discipline issues, I feel is unfair school discipline for my child who is disabled. Shortly after my child began this school year he became the target of bullying thus assaulted (sucker punch in eye) while seated in desk in 9th grade class resulting in ER visit (he was wearing eyeglasses) fortunately no serious damage to his eye. The other student was suspended 3 days, I had to demand the Principal contact the Sheriffs dept. No report filed that I am aware of, even after several requests and still no answers. My son again punched different incident in hallway at school my son punched back, both suspended for 3 days. I was told my son was the reason for the other child punching him. Other student no problems, my son is problem. Recently my son while sweeping the floor in shop class, bumped the broom into another students feet, he was again seriously injured the other student with great force kicked the broom into my sons face. Result stitches where the broom hit his face causing loose teeth and a hole in the lower part of his lip. I am outraged that the school has deemed this horseplay, saying that the other student and my son will serve after school detention. Truth is other student on football team and a suspension will cause him to be unable to participate. My son however is not in any sports. When my son asked why he was given a detention to serve when he was injured, they refused to talk to him about it. The school policy I have been told repeatedly and is in the handbook is that any altercation will result in demerits resulting in suspension. I feel that my son has been discriminated against due to his disability, the bullying and intimidation is not only by other students but by the schools administration. This has been only one of many circumstances over the years with this school. Where do I start? Can he refuse to serve detention, worry that this will escalate into bigger issue for my son. Double standard policies for discipline.What is the name of your state (only U.S. law)?
  2. #2
    swrdmbo is offline Member
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    You do not say what your child's disability is, and I am wondering what it is. I am having trouble seeing a double standard.

    The first student was suspended for 3 days. If you want a police report...file one yourself.Your son did not strike back and so he was not disciplined.

    The second incident...both boys hit someone...both got suspended. What is double standard in that? If they say it was your son's fault he was hit did they say why? Was your son provoking the student? calling names? What did they say? if the student that punched him has never been in trouble I have to wonder what your son "might" have done to provoke him. But, your son did hit him back, and as such, should also be suspended. Most schools have a zero tolerance for these things.

    As for the broom incident. You are taking your son's word that he "accidentally" hit this kids feet. The student felt differently. The school put it down to horseplay and so both students received detention. I still do not see a double standard.In fact, they are not making any allowances for the other student to participate in football so how is this a double standard.

    Your son should do his detention. If he does not I think you are borrowing a lot of trouble you don't need. In our town in Ohio, if a student does not fulfill detention requirements he does not graduate. The school board has backed up this decision.

    The fact that the school is showing no favoritism for your son leads me to believe his disability may be along the lines of ADHD or ADD. If this is the case I applaud them for making your son follow the same rules as everyone else. Too often parents with children of ADHD or ADD think their children should not be held to the same standards as other students. While I think allowances should be made to facilitate them in their learning they should not be allowed to misbehave any more so than any other student.

    Even if the disability is not as I suspect I see absolutely NOTHING in your post that suggests a double standard.
  3. #3
    kristne is offline Junior Member
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    I am new to this forum, and I am very interested in your opinion. My sons disability truly has no bearings, but for your curiosity he is on the autistic spectrum. He has certain traits such as complete honesty, to a fault. He is extreemly bright (gifted). As for taking responsibility for his actions he does. The suspension for the hall fight there is no argument, he is responsible for his actions. Therefore the punishment is understood.

    However when accidentally bumping into another students feet with the broom for whatever reason, gave the other student no right to kick the broom into his face!

    "ASSAULT
    - Whenever one person makes a willful attempt or threat to injure someone else, and also has an apparent, present ability to carry out the threat such as by flourishing or pointing a dangerous weapon or device at the other.
    An "assault" may be committed without actually striking or injuring another person. (same as forcible assault)" 'battery: the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight.

    The Administration of his school I feel is completely negligent with their unfair school discipline policies (Double Standard). The other student is not being held to the same standard (zero tolerance) for his inappropriate and dangerous actions that my son is.

    As for the First assault (punched in the eye) that was not given the merit for police action. I did contact the sheriffs department while at the hospital with my son, charges were file. The School and the Sheriff are both negligent.

    As for your narrow minded opinions of what my sons disabilities are and your applauding the schools ability to make my son follow the rules the same as everyone. He chooses to follow the rules the same as everyone else, this is in no way favoritism as you mention. Fact is that he wishes to be treated the same as everyone else, fact is he is not treated the same as everyone else because of his differences, as much as he tries to be the same his differences are just that differences. Therefore this makes him a target of labeling, bullies, indifference, and narrow minded opinions of uninformed people just like you.

    We are not all the same but we all have the right to education, this is why we have ADA, IDEA, and 504.

    If every one understood these rights we would not have disability discrimination and education providers would not treat students less favorably for reasons related to disability or fail to make reasonable adjustments to prevent their being placed at a substantial disadvantage.

    The disadvantage for my son is suspensions (out of school) means missing valuable time that he requires to succeed (In school suspension is far more appropriate).
    The other student (regular ed) clearly has no disadvantage he was not suspended. He remains at school (in class) and continues to participates in after school activities.

    I advocate for my child on his behalf, for his success and truly try not to be overbearing, and emotional, however I am passionate in the belief that he can and will be successful, given the opportunities and rights he deserves.

    My opinions are just that opinions whether you agree or not. Clearly, you have your own too!
  4. #4
    swrdmbo is offline Member
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    You wrote " I am outraged that the school has deemed this horseplay, saying that the other student and my son will serve after school detention. Truth is other student on football team and a suspension will cause him to be unable to participate."

    I agree that your son probably did not push the broom into his feet on purpose. The problem is the boy whose feet he hit didn't think this way. So he did what he did. Do I think it is right? No. But the school deemed it horseplay and gave them both detention.

    You wrote"The Administration of his school I feel is completely negligent with their unfair school discipline policies (Double Standard). The other student is not being held to the same standard (zero tolerance) for his inappropriate and dangerous actions that my son is"

    The flaw I see in your logic here is that if it is the school's position ( and it sounds like this is) that the boys were in engaging in horseplay then they are both being held to exactly the same standard.Both are required to attend detention.


    I misunderstood your post to say that he would be missing football. I see now that since it is only detention he will be allowed to play. Maybe that was even why they deemed it horseplay and not outright fighting. It seems possible, and even probable. But it is not provable and since both boys got the same punishment I think they covered their arse's. While I don't think it is right

    I also agree that children with autism are often ostracized in school as are children with other disabilities. I think that is wrong and do not condone it. My point was that they must still be required to follow the rules.

    Even you say "He chooses to follow the rules the same as everyone else, this is in no way favoritism as you mention." This should not be his "choice".

    I stand by my comment that you should have him attend detention as if he does not the school may single him out even further. It may not be right but it is probably also the truth. Your son has my sympathy as high school is a cruel place to be if you are even the least bit different ...I agree with you on that.
  5. #5
    lakota58 is offline Junior Member
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    Arrow

    The Individuals with Disabilities Education Act prohibits expulsions or significant suspensions ("changes of placement") for conduct that is a manifestation of disability. 20 U.S.C. 1415 (k), 34 C.F.R. sec. 300.530. However, IDEA does not necessarily apply to in-class discipline or other discipline that does not amount to a change in placement.

    This means they cannot give out of school suspension/after school suspensions or expell a student who has a disability because in doing so would constitute a "change of placement".
  6. #6
    ecmst12 is offline Senior Member
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    A 3 day suspension would probably not be considered "significant" to constitute a change in placement.
  7. #7
    cbg
    cbg is offline Senior Member
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    Quote Originally Posted by lakota58 View Post
    The Individuals with Disabilities Education Act prohibits expulsions or significant suspensions ("changes of placement") for conduct that is a manifestation of disability. 20 U.S.C. 1415 (k), 34 C.F.R. sec. 300.530. However, IDEA does not necessarily apply to in-class discipline or other discipline that does not amount to a change in placement.

    This means they cannot give out of school suspension/after school suspensions or expell a student who has a disability because in doing so would constitute a "change of placement".
    And you registered for the sole purpose of arguing a point on a post almost a year old?
  8. #8
    Antigone* is offline Senior Member
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    Quote Originally Posted by cbg View Post
    And you registered for the sole purpose of arguing a point on a post almost a year old?
    That would appear to be the case.

    glass of whine cbg
  9. #9
    ecmst12 is offline Senior Member
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    Dammit fooled again!!!

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