Monday, May 30, 2016

Weekly Question!

Can a child be too bad for FAPE? See our ongoing series of posts on this blog. #IncarceratedStudents
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7 comments:

  1. Dr. TessJune 2, 2016 at 7:19 AM

    Jim,
    Am I to understand, that after reading this, that the argument is over whether IDEA provides an education which is minimal to meet the Standards for students with disabilities? I am not proficient in understanding written law arguments but it seems that this is exactly what I am reading. That the law has provided that schools are obligated to educate students with disabilities at a minimum level of the Standards? Please help clarify specifically what this is saying.

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  2. Jim GerlJune 3, 2016 at 12:31 PM

    Do you mean the incarcerated student provisions?

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  3. AnonymousJune 5, 2016 at 3:19 PM

    This comment has been removed by the author.

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  4. AnonymousJune 5, 2016 at 3:21 PM

    It is an unfortunate event when a student encounters the criminal law- for students in special education this event can be confusing and warrant meetings/changes to their educational planning. I chose this specific blog excerpt to respond to because of education in criminology along with special education. For the question that has popped up a few times on this blog, “Is a student ever too bad for FAPE?”: no. All students deserve and have the right for free appropriate public education. Even an incarcerated student is still provided free and appropriate education.
    So, when a student who is not in special education commits a crime, yes I believe this should put this child on the district’s radar; child fine should kick in. Even if special education isn’t appropriate after investigating the student’s case, other services such as counseling, big brother programs, ect. may be. For our students who are already on IEPs, if they should commit a crime, a team meeting is definitely warrant. If this student is on a BIP, revision may be necessary. If this student had not yet been placed on a BIP, the criminal situation may warrant one or some other type of behavioral intervention. In special education, behavior goals are warranted if the student’s behavior is impeding his learning or the learning of others. The IEP may need to be adjusted for educational placement, goals, ect.

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  5. Jim GerlJune 5, 2016 at 5:25 PM

    Mario,

    Thanks for your comment.

    JG

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  6. AnonymousJune 5, 2016 at 7:19 PM

    When it comes to students who are incarcerated the questions of can they be too bad for FAPE definitely caught my attention. The fact of the matter is that some students can become quite dangerous and even commit crimes as a minor, but be tried and convicted as an adult. I don't believe there is a provision for abandoning students who become incarcerated and it seems that IEP must still meet and still monitor a students progress in a FAPE, but admittedly in a rather restricted environment of prison. The real issue might be with a student who has returned to school after incarceration at a juvenile detention facility. What are the schools responsibilities under the "child find" provisions? It seems reasonable that the former IEP team would continue to meet and tweak the IEP, but when?

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  7. Jim GerlJune 5, 2016 at 9:25 PM

    David,

    Thanks for your comment.

    JG

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