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EDLD 5344 School Law
PEDG 5344 School Law for Teachers




Week 4: Student and Personnel Management
Overview
In this week’s assignment, you will complete your work with Joseph. Your final step will be to
make suggestions about how management policies and procedures for special education
students at your school can be improved.
To complete the assignment, you must familiarize yourself with both statewide special education
policies and those in place at your district and school. The assignment also requires you to use
knowledge gained from your lectures and readings and from communication with leaders at
your school, including your principal, special education coordinator, and classroom teachers.
You are expected to cite the relevant law and/or policy that you used to formulate your answers.




2009 Lamar University                                                              Page 1 of 6
EDLD 5344 School Law
PEDG 5344 School Law for Teachers

Rubric
Use this rubric to guide your work.

 Week 4: Student
                                                                         Needs
 and Personnel          Accomplished             Proficient                                 Unacceptable
                                                                      Improvement
  Management

Investigating       Cites course material   Explains some          Provides a broad      Does not describe
Complaints          in thoroughly           actions that should    response that lacks   processes for
                    explaining              be taken when          detail                effective
                    procedures for          investigating          (1 point)             investigation of
                    investigating           complaints against a                         school personnel
                    complaints against      school employee                              (0 points)
                    school personnel,       (2 point)
                    including proper
                    documentation
                    techniques
                    (3 points)

Manifest            Cites course material   Explains in general    Provides a broad      Does not explain
Determination       in explaining           terms the possible     response that lacks   possible outcomes of
                    manifest                outcomes of a          detail                a manifest
                    determination           manifest                (1 point)            determination
                    hearings and            determination                                hearing
                    outlines in detail      hearing                                      (0 points)
                    procedures for          (2 point)
                    disciplining special
                    education students
                    (3 points)

Appeals             Cites course material   Demonstrates           Provides a broad      Does not
                    in explaining the       general                response that lacks   demonstrate
                    appeals process         understanding of the   detail                understanding of the
                    regarding student       appeals process         (1 point)            disciplinary appeals
                    discipline              related to student                           process
                    (3 points)              discipline cases                             (0 points)
                                            (2 point)

In-Depth Analysis   Uses information        Provides general       Provides a broad      Does not provide
                    from course             suggestions for how    response that lacks   suggestions for
                    materials and           to improve school or   detail                improvement of
                    personal interviews     district special       (1 points)            school or district
                    to provide in-depth     education policies                           special education
                    analysis of school or   (3 points)                                   policies
                    district special                                                     (0 points)
                    education policies
                    and make
                    suggestions for
                    improvement
                    (4 points)


2009 Lamar University                                                                       Page 2 of 6
EDLD 5344 School Law
PEDG 5344 School Law for Teachers


Mechanics           No or few errors in     Responses lack
                    grammar, spelling, or   clarity and depth
                    punctuation.            and/or have multiple
                    (1 point)               errors in grammar,
                                            spelling, or
                                            punctuation.
                                            (0 points)




2009 Lamar University                          Page 3 of 6
EDLD 5344 School Law
PEDG 5344 School Law for Teachers

Week 4: Student and Personnel Management
Directions:
Refer to your lectures and readings from throughout the course to answer the following
questions related to investigating complaints against school employees, disciplining a special
education student, personnel documentation, and school liability.
One morning, you hear a commotion coming from Joseph’s classroom. He is shouting and
swearing at his teacher, and you are concerned that he may become violent. You call in campus
security to restrain him. You call Joseph’s mother to your office following the incident, and she
claims that the teacher has been antagonizing Joseph. She says that the teacher is resentful of
the accommodations that have to be made for Joseph and has ignored his IEP. She also claims
that the teacher is trying to embarrass Joseph in front of his classmates, which was the cause of
his disruptive behavior in class that day.

Workspace
How will you go about investigating the parent’s claim that Joseph is being singled out and
discriminated against in class in a way that will ensure that you are not indifferent to the claim?
My first step would be to ask the mother for specific examples of her claim that the teacher is
antagonizing her son or documentation of her claim. I would also ask her if she has made
contact with the teacher regarding her concerns. After listening to the mother, I would now have
a discussion with the teacher. I would be compassionate toward her in regard to the extra time
and effort it requires to educate students like Joseph. I would go on to explain that we are
obligated by federal law to follow his IEP. Just as the mother was afforded an opportunity to cite
her version of what’s going on, I would extend that same courtesy to the teacher. I would
reiterate that his IEP is not optional, and she could face more serious consequences if she
neglects to follow it. I would instruct her to begin thoroughly documenting all the ways she is
following the IEP and it should be done in a fashion that can be followed by others. In other
words, the teacher’s documentation is written not just for her eyes. Completing the investigation
would include going back to the mother and ensuring her that I have met with the teacher and
that Joseph’s IEP would be followed accordingly. I would ask her to contact the teacher
immediately upon her dissatisfaction something in particular. I would arrange a day and time
when I could contact her in the near future to see how things are progressing.
After your investigation you discover that Joseph’s mother’s claims do have validity, how will you
go about documenting this teacher’s behavior? What is your district policy regarding actions that
can be taken in this case?
I will make frequent visits to the classroom during the time that Joseph is there. The teacher
and I will have already discussed her need to follow the IEP according to federal law. She will
be aware that while I’m there, I’m specifically looking for compliance with my earlier instructions.
As necessary I would meet with the teacher to discuss my observations and ask her to sign as
documentation. In the best interest of the child, if I could assign him to another classroom I
would. This teacher may have strengths in other areas and may be serving our community
beautifully, so I may not want to consider potential reassignment or termination. With each
attempt I make to impart the importance of following this child’s IEP, I would be thorough in
documenting. A team of administrators could be brought in to hear the complaint against this
teacher. Together we could come up with a solution that may include a growth plan where she
has an opportunity to correct her shortcoming or face termination.




2009 Lamar University                                                                Page 4 of 6
EDLD 5344 School Law
PEDG 5344 School Law for Teachers




Who will participate in the meeting in which potential punishments are discussed? How will
Joseph’s ARD committee determine the appropriate punishment for him regarding his
classroom outburst?




Assuming Joseph’s mother wishes to challenge the disciplinary action suggested for him, what
recourse does she have? According to Texas law and school district policy, what due process
rights does Joseph have in this situation?




2009 Lamar University                                                           Page 5 of 6
EDLD 5344 School Law
PEDG 5344 School Law for Teachers

Based on your lectures, readings, and communication with educators at your school, you now
have an opportunity to recommend ways in which special education evaluation,
accommodation, and communication can be improved. Use this final section to outline ways in
which you feel the process can be improved.
Is the IEP development process in place at your school or district effective? If not, what
suggestions do you have for how any of the components of this scenario can be improved?




2009 Lamar University                                                           Page 6 of 6

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P E D G E D L D 5344 Week 4 Assignment[1]

  • 1. EDLD 5344 School Law PEDG 5344 School Law for Teachers Week 4: Student and Personnel Management Overview In this week’s assignment, you will complete your work with Joseph. Your final step will be to make suggestions about how management policies and procedures for special education students at your school can be improved. To complete the assignment, you must familiarize yourself with both statewide special education policies and those in place at your district and school. The assignment also requires you to use knowledge gained from your lectures and readings and from communication with leaders at your school, including your principal, special education coordinator, and classroom teachers. You are expected to cite the relevant law and/or policy that you used to formulate your answers. 2009 Lamar University Page 1 of 6
  • 2. EDLD 5344 School Law PEDG 5344 School Law for Teachers Rubric Use this rubric to guide your work. Week 4: Student Needs and Personnel Accomplished Proficient Unacceptable Improvement Management Investigating Cites course material Explains some Provides a broad Does not describe Complaints in thoroughly actions that should response that lacks processes for explaining be taken when detail effective procedures for investigating (1 point) investigation of investigating complaints against a school personnel complaints against school employee (0 points) school personnel, (2 point) including proper documentation techniques (3 points) Manifest Cites course material Explains in general Provides a broad Does not explain Determination in explaining terms the possible response that lacks possible outcomes of manifest outcomes of a detail a manifest determination manifest (1 point) determination hearings and determination hearing outlines in detail hearing (0 points) procedures for (2 point) disciplining special education students (3 points) Appeals Cites course material Demonstrates Provides a broad Does not in explaining the general response that lacks demonstrate appeals process understanding of the detail understanding of the regarding student appeals process (1 point) disciplinary appeals discipline related to student process (3 points) discipline cases (0 points) (2 point) In-Depth Analysis Uses information Provides general Provides a broad Does not provide from course suggestions for how response that lacks suggestions for materials and to improve school or detail improvement of personal interviews district special (1 points) school or district to provide in-depth education policies special education analysis of school or (3 points) policies district special (0 points) education policies and make suggestions for improvement (4 points) 2009 Lamar University Page 2 of 6
  • 3. EDLD 5344 School Law PEDG 5344 School Law for Teachers Mechanics No or few errors in Responses lack grammar, spelling, or clarity and depth punctuation. and/or have multiple (1 point) errors in grammar, spelling, or punctuation. (0 points) 2009 Lamar University Page 3 of 6
  • 4. EDLD 5344 School Law PEDG 5344 School Law for Teachers Week 4: Student and Personnel Management Directions: Refer to your lectures and readings from throughout the course to answer the following questions related to investigating complaints against school employees, disciplining a special education student, personnel documentation, and school liability. One morning, you hear a commotion coming from Joseph’s classroom. He is shouting and swearing at his teacher, and you are concerned that he may become violent. You call in campus security to restrain him. You call Joseph’s mother to your office following the incident, and she claims that the teacher has been antagonizing Joseph. She says that the teacher is resentful of the accommodations that have to be made for Joseph and has ignored his IEP. She also claims that the teacher is trying to embarrass Joseph in front of his classmates, which was the cause of his disruptive behavior in class that day. Workspace How will you go about investigating the parent’s claim that Joseph is being singled out and discriminated against in class in a way that will ensure that you are not indifferent to the claim? My first step would be to ask the mother for specific examples of her claim that the teacher is antagonizing her son or documentation of her claim. I would also ask her if she has made contact with the teacher regarding her concerns. After listening to the mother, I would now have a discussion with the teacher. I would be compassionate toward her in regard to the extra time and effort it requires to educate students like Joseph. I would go on to explain that we are obligated by federal law to follow his IEP. Just as the mother was afforded an opportunity to cite her version of what’s going on, I would extend that same courtesy to the teacher. I would reiterate that his IEP is not optional, and she could face more serious consequences if she neglects to follow it. I would instruct her to begin thoroughly documenting all the ways she is following the IEP and it should be done in a fashion that can be followed by others. In other words, the teacher’s documentation is written not just for her eyes. Completing the investigation would include going back to the mother and ensuring her that I have met with the teacher and that Joseph’s IEP would be followed accordingly. I would ask her to contact the teacher immediately upon her dissatisfaction something in particular. I would arrange a day and time when I could contact her in the near future to see how things are progressing. After your investigation you discover that Joseph’s mother’s claims do have validity, how will you go about documenting this teacher’s behavior? What is your district policy regarding actions that can be taken in this case? I will make frequent visits to the classroom during the time that Joseph is there. The teacher and I will have already discussed her need to follow the IEP according to federal law. She will be aware that while I’m there, I’m specifically looking for compliance with my earlier instructions. As necessary I would meet with the teacher to discuss my observations and ask her to sign as documentation. In the best interest of the child, if I could assign him to another classroom I would. This teacher may have strengths in other areas and may be serving our community beautifully, so I may not want to consider potential reassignment or termination. With each attempt I make to impart the importance of following this child’s IEP, I would be thorough in documenting. A team of administrators could be brought in to hear the complaint against this teacher. Together we could come up with a solution that may include a growth plan where she has an opportunity to correct her shortcoming or face termination. 2009 Lamar University Page 4 of 6
  • 5. EDLD 5344 School Law PEDG 5344 School Law for Teachers Who will participate in the meeting in which potential punishments are discussed? How will Joseph’s ARD committee determine the appropriate punishment for him regarding his classroom outburst? Assuming Joseph’s mother wishes to challenge the disciplinary action suggested for him, what recourse does she have? According to Texas law and school district policy, what due process rights does Joseph have in this situation? 2009 Lamar University Page 5 of 6
  • 6. EDLD 5344 School Law PEDG 5344 School Law for Teachers Based on your lectures, readings, and communication with educators at your school, you now have an opportunity to recommend ways in which special education evaluation, accommodation, and communication can be improved. Use this final section to outline ways in which you feel the process can be improved. Is the IEP development process in place at your school or district effective? If not, what suggestions do you have for how any of the components of this scenario can be improved? 2009 Lamar University Page 6 of 6