Archive for the 'Superintendent's hearings' Category

Apr 03 2008

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uraimondo

“Nimo” – 17 year old female

“Nimo” is the pseudonym for a 17 year old mentally retarded female student.  She refers to Nimo who remains a fictitious character in her imagination.  Nimo flies around.  He may come to school and fetch her, so that she does not have to deal with school.  He may be good sometimes.  Other times folks are asked if they have seen him. 

Today “Nimo”  attacked the teacher.  This after a simple request ‘please come to class”.  I had to describe the attack today to a CSE chair and parent – Nimo grabbed  the teacher’s neck began squeezing and choking.  Large welts, bruising and torn skin remain on the side of the teacher’s neck. Bloody and red.  The injuries do not require emergency room treatment but none the less,  I am devastated. 

This is a follow up to other types of violence brought about by this student.  A couple of weeks ago she slammed an aide with her open fist.  Both incidents were a result of no provocation.  I suspended her both times.  In the former 5 days OSS the latter 3 days OSS.  In the intervening time between the first attack on the aide in school,  and this latest attack on the teacher, the student assaulted a bus aide.  This incident involved a 2 day bus suspension.  In this case I went on board the bus and asked that the school nurse treat the bus aide and provide documentation.  The school nurse reported that in this incident the bus aide may have had a perforated ear drum. 

Today is Thursday.  Next Tuesday, a manifestation determination and Superintendents hearing will be conducted to determine the next steps in this student’s future.  Present at this hearing will be the student’s Special Education teacher, a general education high school teacher, the student’s counselor/social worker, agency representatives from The Resource Center or Aspire, the supervisor of the special education program, the CSE chair and the hearing officer

Points of consideration.

1.  Is this behavior caused by changes in medication, classroom routines etc.

2.  Is this a 1:8:1 program the appropriate placement for this student if students and staff are in danger of this kind of episodic violence.

3.  Is there a behavior intervention plan in place.

4.  Are outside agencies involved in the care of this student and providing support for the family.

5.  What is the longer range transition plan for this student. 

As of this point, no charges have been placed against the student by the teacher or by all the other adults injured by this student.  Yes, mental competency would be a matter of issue however this would lead the way to other conversations about the students welfare and current educational placement.  The parent did come in and take the student home after receiving a call from the Principal.  The parent was advised of the upcoming superintendent’s hearing as well as parental rights in cases of this sort.  The parent and the teacher commisserated with each other.  The parent apologized and hugged the teacher.  Empathy goes both ways in this case. 

Stay posted. 

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Feb 01 2008

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uraimondo

Superintendent’s Hearing: What happens and what to expect

December 2007, just before the holidays, a student quite unprovoked by any adult approaches me punching the walls.  Five times in total.  On the first punch I ask for the action to stop.  I ask two more times in succession, to no avail.  The entire incident is witnessed by teachers and staff alike.  Later the issue receives local press in Jamestown, Dunkirk and Buffalo.  All of this leads to a Superintendent’s hearing following Out of School Suspension.  The charges are endangering the health, safety and health of the student and others, intimidation, physical and verbal harassment.  The hearing is held to determine what course of action needs to be pursued in terms of educational placement for the student.  All witness testimony mirrors my own account of the incident so, I am the only witness called to the hearing.  Parents are present, representing the student, home school principal, myself and the hearing officer.  The hearing officer represents neither the BOCES nor the home school.  The hearing officer is an impartial adjudicator who will make a recommendation to the Superintendent of the home school following a verdict concerning the aforementioned student action.  In essence the Superintendent’s hearing is about due process for the student.  Witnessess’ can be cross examined and questioned by the parents and their attorney if one is present. 

When all testimony is in, and before the hearing concludes the hearing officer renders an opinion as to the guilt or innocence of the charges.  A recommendation is then made in writing, to the school superintendent within 3 business days at most.  Essential documents that drive Superintendent hearings are not the history or discipline record of the student but rather the documentation surrounding the actual infraction – the discipline referral, the letter of suspension, notification to the parents and witness accounts in writing. 

If the student has special needs a nexus hearing is called within the time and in the middle of the Superintendents hearing.  This means that the hearing is interrupted, the hearing officer leaves the room.  At this time the CSE chair, school principal and someone who intimately knows the student and can speak about the disability – a teacher, administrator or related service professional  begin discussion around whether the student (mis)behavior is a result of the disability or not.  Whether the student has the ability to tell the difference between right or wrong is a huge question that remains at the crux of this nexus hearing. 

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