SITUATION:

       Two students decide to bring a gun to school to show to their friends. Both students are juniors at the local high school. Word soon gets around that these two students are carrying this weapon around the campus, showing it to all of their peers. Another student decides to report the situation, under the Silent Witness Program ran by the school. Both students are called to the office and a search is conducted. The guns are located and discipline procedures begin according to the schools handbook. However, one student is currently part of the special education program provided by the school. Under the current federal law, any student who is caught with a weapon at school is subject to an expulsion of 1 year. The special education student may still be removed, but there are a much more complex set of criteria governing when and how they may be removed. There are limitations on how long this student can be removed, there must be a determination of whether the student’s disability played a role in their actions, and if the student is removed educational services must still be provided.

       The difference in treatment between those students in special education and the regular education students has continued to create controversy related to disciplinary provisions included in special education laws. There seems to be a fundamental clash between the rights of special education students and the rights of the school to implement steps/policies that are necessary to protect the safety of the students and staff. Special education students are guaranteed a free and appropriate education under the current federal special education laws. Therefore, more obstacles are faced by educators in dealing with situations such as the one described above. How can we find a balance between the rights of special education students and the rights of regular education students to be treated fairly when in similar circumstances related to violations of school codes of conduct?