Todd, Chris and Ned should be dealt with according to the school’s written discipline policy. If the board’s new policy on possession of weapons includes explosives as a type of weapon, then Todd, Chris and Ned should be expelled. Ultimately, I believe that it’s important for an administrator to treat the situation with an unbiased and level-headed disposition; it is unfortunate that a student was hurt because of a practical joke but emotions should not decide the punishment of these students.
According to IDEA after the 2004 revision, students can be moved to an alternate placement for up to 45 days regardless of whether the infraction was a result of his or her disability. Currently, the burden of proof falls to the parent in this situation, to prove that their child’s behavior is a result of their disability, and even upon doing so a hearing officer does not have to rule according to the preponderance of evidence. If it is possible that the student’s behavior could result in bodily harm to others, the child can be placed elsewhere. Because of this, Jason will most likely be punished by a suspension and consideration of a change in placement to a more restrictive setting so that he can be provided additional supports in hopes of circumventing any further possibility that his lapse in judgment is a result of his disability. To further support Jason, a behavior intervention plan should be written.
Mr. Jeffers could have prevented the situation by reporting that the students were in possession of a dangerous object, regardless of whether or not the object is considered to be a weapon. The teacher should be written up by the administrator according to the approved board policy and the reprimand should become part of his permanent employment file. Failure to report a student’s misconduct does not jeopardize the teacher’s contract under the Georgia Code of Ethics for Educators but could possibly violate the local school board’s policy.