Should a school be able to expel a student with a disability, such as in the case of Drake? Drake is a young teenager with a disability who made a detrimental decision one morning. As he left his house, he grabbed his knife and headed off to school. The school is recommending him for expulsion due to the misconduct. Professionals, such as school psychologists, working and advocating for children with disabilities must stay current on regulations and official policies. By doing so, school psychologists will know what the correct steps to consider and execute, such as in the case of Drake (McBride, Willis, & Dumont 2014).
Facts
Student is named Drake whose primary eligibility category was other health impairment (OHI) due to attention deficit …show more content…
2014040978, a student was wrongfully denied a MD meeting. The school expelled a student due to the student’s lack of school attendance. Although it was concluded that the student’s disability, ADHD, did not cause the misconduct, the district denied the student and guardian the procedural protections of the MD meeting. In considering this case, a school psychologist is expected to be knowledgeable in the matters of federal and state policies and should know the following. Under Education Code §48900 a student may not be expelled unless student is found to be in possession of a dangerous object, such as the knife that Drake brought (Educ. code §48900 (b)). However, under the Individuals with Disabilities Education Improvement Act (IDEIA), a MD meeting must be held when a student with a disability violates a code of school conduct and a change of placement is decided. Therefore, Drake is entitled to a MD meeting. The meeting must be held within 10 school days once the decision is made (34 C.F.R § 300.530(e)(1)). The MD attendees are the student’s parents and specified school district staff. Additional attendees are members of the student’s IEP as chosen by the parents and school