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  1. #1
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    Apr 2018
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    Default Can a School Refuse Enrollment to a Disruptive Student

    My question involves education law in the State of: USVI. Middle School

    Looking for legal background

    Can a school deny public service (education in a public school) to a student who is consistently disturbing the teaching learning process? Student is rude and disrespectful. Does not adhere to redirection. Gets other students to sympathize. Does not do his classwork. Will cut class if it is the student knows he cannot handle the teacher. Threatened to shoot teachers. Had a social worker but was closed due to failure by the parent to appear during appointments. Student does not listen to parent as well. Recently staffed in to special education for learning disability. Multiple discipline referrals have been made. Parent comes to school, administrators talks to him, then sent back to classroom doing the same thing.

    Until when should teachers keep up to his behavior? by law, where does his accommodation in the public school system with special education ends?

    Thanks.

  2. #2
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    Default Re: Can a School Refuse Enrollment to a Disruptive Student

    If you are the parent of a student who has been diagnosed as having special needs, placed in a school that can provide a supportive environment, and is being accommodated to the best of the school district's capacity, that's pretty much what you can expect. Can your child potentially be disciplined or suspended for particularly outrageous conduct or due to concerns for school safety, after threatening to shoot people? Yes, schools can include special needs students in their disciplinary policies, and they can also take appropriate action to ensure school safety in the face of threats of violence.

    If you are a school employee or teacher, the answer is up to your school administrators and the school policies. They will try to comply with the governing law and, in some cases, that may make it seem that they are more protective of the student's rights than those of the school's teachers, staff, and other students. But they can't simply say, "This is a difficult kid, so we're not going to make the effort required by law."

  3. #3
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    Default Re: Can a School Refuse Enrollment to a Disruptive Student

    Unless the student has been determined to be of special needs or otherwise under a disability, the school can certain suspend/expel him for behavior given reasonable due process. There are additional requiements for special needs/disabled students. Sometimes a normal classroom is not the most appropriate placement for the least restrictive environment.

    I'm not going to delve in this further unless you tell us who YOU are in this. If your a teacher, you should be talking to your administrator and school district. Otherwise, tell us what the situation really is.

  4. #4
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    Apr 2018
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    Default Re: Can a School Refuse Enrollment to a Disruptive Student

    Quote Quoting Mr. Knowitall
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    But they can't simply say, "This is a difficult kid, so we're not going to make the effort required by law."
    Thank you for the response.
    What is "required" by law in this case? I understand that a family and the child have rights to free and appropriate public education. But education is also a responsibility.

    Parent came to meeting this week. She is required to get a social worker for the child before the student can be admitted in his classes. IF they fail to get a social worker? what is next? Will the child stay home for the remaining days of the SY? What about the coming school year? Is that even legal in this scenario? There is a student discipline policy for the entire USVI, but, sadly, have not seen a specific one for the school. What does the education law of the USA say about it?
    Forgive my ignorance to the written law. Thank you!

  5. #5
    Join Date
    Sep 2010
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    18,230

    Default Re: Can a School Refuse Enrollment to a Disruptive Student

    The IDEA says a student must be placed in the least restrictive environment appropriate for his educational needs.

    Again, I'm not writing dissertations on this. Resources for you are at the UNITED STATES DEPARTMENT OF EDUCATION which has a whole site dedicated to IDEA.

    idea.ed.gov

  6. #6
    Join Date
    Apr 2018
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    3

    Default Re: Can a School Refuse Enrollment to a Disruptive Student

    Quote Quoting flyingron
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    I'm not going to delve in this further unless you tell us who YOU are in this. If your a teacher, you should be talking to your administrator and school district. Otherwise, tell us what the situation really is.
    School personnel here. Discussion with administrators are on-going. Simply needing external explanation based on the education law of the USA. Common sense and sound judgement is employed, but what the written law says to backed decision is uncertain (at least for me). Teachers are stressed out and on the verge of quitting due to lack of decisive leadership pertaining to the matter.

    Bigger question is, how far should we tolerate intentional disruptive behaviors in the classroom? Where do we draw the line as far as student discipline, caring for students and education law is concern?

    Thanks. Will look on it. did not realize that it's a forum for those who are working on their dissertation.

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