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Special Education Law and Advocacy

Experienced Special Education Attorneys

School Crime Rates Down Significantly

A recent comprehensive study from the Department of Education and the Bureau of Justice Statistics have found that from 1992 to 2003 there have been major improvements in student safety in schools. The overall rate has dropped over 40%.  The report indicates very low rates of serious violent crimes, but rates of theft, drugs and bullying are still widespread problems.

The popular perception, however, is that school safety has actually
decreased over this period. We live an age of instant and constant news
coverage that shapes our perceptions in long lasting ways.  When I enter
high school buildings, I frequently get the feeling that the
administrators are expecting a serious episode of violence to break out
at any moment. Despite the truly catastrophic episodes like Columbine
High School, the statistics bear out that major violent incidents are
rare and the more prevalent issues continue to be bullying,
theft and drugs.

For special education students the incidence of high risk behaviors
has been found to be a very small percentage of the overall
population.  Nevertheless, in the debate over IDEA 2004, the school-side lobby argued strenuously to remove or significantly curtail the
disciplinary protections for students with special needs.  My
experience is that most schools have a poor understanding of the
authority that they have had under IDEA 1997, and are unlikely to have
a better understanding of their increased authority under IDEA 2004.
The exercise of this authority often is emotional, reactive and
illegal.  When an incident arises the response is total– remove the
child NOW !

The diluted disciplinary protections in IDEA 2004 were unnecessary
and went too far.  It was legislation addressing unfounded fears and
perceptions without getting at the more common issues that students
face.  Bullying, theft and drugs are the real day to day issues that
are more intractable and require a systemic response. Allowing schools
to more easily expel a student with special needs for 2
years and possible police intervention may allow administrators to
feel better, but it does not get at the prevalent issues.

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