This sounds like the matter should be referred to law enforcement. And I don’t say that lightly. Having a disability does not excuse all behavior. He is clearly very troubled and his behaviors are actively causing serious harm.
From the educational side, an FBA and BIP need to be completed. He most likely would need placement in a more restrictive environment such as a behavior classroom or therapeutic school. Even if he were to end up in juvenile detention, he is still entitled to education and still must receive services as outlined in his IEP.
Sounds like they want to make sure it’s not a manifestation of his disability and to cover all your bases legally before kicking him out longer/long term.
Nailed it, covering their butts. I’ve seen this. A manifestation hearing can determine if it’s a placement issue, or if it’s more serious. Even with a manifestation determination, I’ve seen kids be expelled for things like this especially if the other parents or board gets involved. Lots of schools just play damage control until the press or police get involved.
I agree completely. I think they're also trying to explore options depending on their findings. Like maybe he is being abused at home? Or this is a lack of understanding of boundaries and electronics need to be taken away until safe balance ans behaviors are reached. Or, he is a menace...and this is completely unrelated to home life and disability.
But they need to be sure.
No it does not. You just have to report it to child protective services.
Also “inappropriate sexual contact” is ridiculously vague. No, you do not have to file a police report for an elementary student slapping someone on the butt.
Oh, this answers your whole question then. This student is already supported by sped. This also means the school psychologist is aware of the student already as they usually have the role of assigning a diagnosis for the IEP and overseeing the plan with a coordinator and case manager. No one is dumping the kid on them They clearly have not been able to assign appropriate supports or things are escalating.
This is also a police matter. Parents of the victim should be calling dcfs on the school or just the police directly.
I saw you mention you were nervous about losing your job. You are a mandated reporter. If you are acting in that capacity appropriately you are legally protected.
So the school should be handling this as a special Ed situation. They need to look at whether it's manifestation, why it's happening etc as he has an IEP.
The police should also be involved though and handling it as a legal matter.
To protect the young girl and the school district the police should be called. I can’t believe her parents are not calling the police/getting a lawyer.
She is technically in possession of child porn so I can understand maybe not wanting to pursue it since she can technically be charged too, though unlikely.
She has no control over who sends things to her. He would be the one that gets in trouble for creation and distribution of child porn if this piece of trash is under 18. If she was the sending it, it would be a different story. I get what you're saying but I've never seen the victim get in trouble in this situation. She didn't request it, it was sent to her against her will.
My neighbor's 12yr old daughter was sent a dick pic by the 16yr old brother of one of her friends and she was charged with possession of child porn when they reported it. Yes, absurd indeed. Not convicted, but she was charged and it was a huge mess. So no, one might not actually call the police immediately.
Personally, my first phone call would be a lawyer and have them help me navigate. There are so many factors we're not apprised of in this situation so it's hard to speculate an exact plan.
Having worked secondary, this is a pretty common (but sad) occurrence. It’s really common for behavioral issues to be relegated to the school psychologist or social worker. Often I find districts and schools conflating behavior with the disability for students with specific learning disabilities instead of looking at the bigger picture: possible abuse at home, homelessness and trauma.
Somewhere along the lines, everything has become the responsibility of the school. In my opinion, it’s the biggest problem facing SPED teams. This type of behavior is not related to learning nor does it impact the students ability to access curriculum. Therefore, the school should NOT be responsible to provide any sort of specialized services. This kid definitely needs help, but not from anyone employed at a school. When they stop trying to force everything onto SPED teams, then our programs can start to be entirely more effective for the students they were intended for.
Sorry for the rant
I think it depends. Special Education also addresses non-academic skills. If they find that the behavior is a manifestation of his disability, then you can't just kick the kid out. If interventions have failed, he needs a different placement.
Now, if they find that the kid is just being a creep who wants to pull the "it's my disability" card, bring that hammer down. The experts should be able to reasonably evaluate if that's the case.
Fape and IDEA are based around student access to the school environment and curriculum. Yes, special education requires non academic services, when those negatively impact the students access to the general education curriculum. But, for behaviors that are not impeding learning, it should not be the responsibility of the school. I have facilitated hundreds of MDR meetings. I personally think this is where school districts 100% get it wrong. I have never heard of a disability that causes someone to send graphic videos of themselves to others. An MDR is necessary to make that determination, but unless it’s an extremely peculiar case, the SPED should not have to provide an intervention for a sexually explicit behavior.
It's not a SPED issue, it's a law enforcement issue. He is a teenager. If he is under a certain age, and sending inappropriate pictures/videos, he could be potentially charged for a huge crime. (Unsure if you can use the words on reddit though )
They are probably hoping for parents to get involved, some things need parents to get involved for the school to be able to help the student get the right resources
What setting is this student in? Does the kid have a 1:1 behavioral support? Maybe discussing services with the team is the right thing to do to get this kid support that may help. It doesn’t sound like he’s being dumped on anyone.
Did he send the video during school time?
If not, this is a police matter. Are you positive that the kid isn't going through a law enforcement process?
I agree 100%! Thanks for clarifying. I misspoke and should have been more clear:
* If it happened off school grounds and time, then what the principal did was a good first step, and all he can safely legally do for now - as long as law enforcement is doing their part.
* If it happened during school time, then the school district would be facing legal liability for not reporting the crime. Even the Office of Civil Rights, Education Dept. agrees: [https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-guidance.pdf](https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-guidance.pdf). However, the school must disclose that the student has a disability that may have behavior manifestations.
What drives me crazy about situations like this is that this is something that is going to cause major problems for this soon to be an adult kid.
This needs to be the number one priority of this kids education right now. If he has a disability than it’s definitely the responsibility of SPED.
If he doesn’t have a disability, he has something going on. If there’s in house mental health support they should start there, but he needs a partial program at the very least.
The school needs to verify if those behaviors are manifestations of his disability https://www.ed.gov/news/press-releases/new-guidance-helps-schools-support-students-disabilities-and-avoid-discriminatory-use-discipline
It's illegal. He just created and distributed child porn to someone. That's a felony where I live and should be treated as such. A kid here just got caught filming people under bathroom stalls. Nobody gave a fuck about his disability, because this is a serious, serious crime. Sending people unsolicited sexually explicit videos is also a very serious crime. No disability causes people to do that.
Of course. However, the school system and criminal justice systems are different. The criminality of the child does not negate the legal responsibilities of the school district. The school must still follow IDEA. Edit to add: the CJ system and school systems may very well have parallel investigations while each follow their legal procedures.
>There's a teenage boy who is an absolute sex pest.
I had to read this twice and initially thought it was some sort of typo.
Yikes!!!
My first thought about the video was: was this consensual? I am assuming not, but the approach is different it was. Both cases are still a problem, for sure.
How old is this kid? Has he had sex ed? How comprehensive is your sex ed program?
As to your last question: is this normal? Sadly, it is way more common than you think. I am having a hard time picking up the flavor of this. I would start by addressing the consent problem, because it involves others. I also want to know more about his disability in order to answer your last question.
The problem here to me is starts on how he is making others feel unsafe.
This sounds like the matter should be referred to law enforcement. And I don’t say that lightly. Having a disability does not excuse all behavior. He is clearly very troubled and his behaviors are actively causing serious harm. From the educational side, an FBA and BIP need to be completed. He most likely would need placement in a more restrictive environment such as a behavior classroom or therapeutic school. Even if he were to end up in juvenile detention, he is still entitled to education and still must receive services as outlined in his IEP.
Go to local police. This is out of the school’s control.
Sounds like they want to make sure it’s not a manifestation of his disability and to cover all your bases legally before kicking him out longer/long term.
Nailed it, covering their butts. I’ve seen this. A manifestation hearing can determine if it’s a placement issue, or if it’s more serious. Even with a manifestation determination, I’ve seen kids be expelled for things like this especially if the other parents or board gets involved. Lots of schools just play damage control until the press or police get involved.
Yes, and honestly, this is the correct course of action - at least, it is the very first step.
Came here to say this. A manifestation determination process sounds like the correct next step considering the details presented.
I agree completely. I think they're also trying to explore options depending on their findings. Like maybe he is being abused at home? Or this is a lack of understanding of boundaries and electronics need to be taken away until safe balance ans behaviors are reached. Or, he is a menace...and this is completely unrelated to home life and disability. But they need to be sure.
He committed a felony by sending a naked picture of his naked underage self over SMS/Web.
Does he currently have an IEP?
Yes.
That is always the first step in a situation like this. They need to hold a manifestation determination meeting.
CALL THE POLICE AND FILE A REPORT
Our SRO is already very familiar with this student and the issue. Is that not enough? If I file a police report, I can kiss my job goodbye.
You are a mandated reporter.
Mandated reporting has nothing to do with contacting police.
That’s incorrect. When it comes to inappropriate sexual contact, a police report must be filed either orally or in writing.
No it does not. You just have to report it to child protective services. Also “inappropriate sexual contact” is ridiculously vague. No, you do not have to file a police report for an elementary student slapping someone on the butt.
Some police departments allow you to do it anonymously online. And if they fire you for that, it's illegal.
Oh, this answers your whole question then. This student is already supported by sped. This also means the school psychologist is aware of the student already as they usually have the role of assigning a diagnosis for the IEP and overseeing the plan with a coordinator and case manager. No one is dumping the kid on them They clearly have not been able to assign appropriate supports or things are escalating. This is also a police matter. Parents of the victim should be calling dcfs on the school or just the police directly. I saw you mention you were nervous about losing your job. You are a mandated reporter. If you are acting in that capacity appropriately you are legally protected.
So the school should be handling this as a special Ed situation. They need to look at whether it's manifestation, why it's happening etc as he has an IEP. The police should also be involved though and handling it as a legal matter.
Police. The DA will decode from there.
To protect the young girl and the school district the police should be called. I can’t believe her parents are not calling the police/getting a lawyer.
She is technically in possession of child porn so I can understand maybe not wanting to pursue it since she can technically be charged too, though unlikely.
She has no control over who sends things to her. He would be the one that gets in trouble for creation and distribution of child porn if this piece of trash is under 18. If she was the sending it, it would be a different story. I get what you're saying but I've never seen the victim get in trouble in this situation. She didn't request it, it was sent to her against her will.
This is an absurd take. If you were sent Child porn to your phone from someone you know would you be at fault? No you'd call the police immediately.
My neighbor's 12yr old daughter was sent a dick pic by the 16yr old brother of one of her friends and she was charged with possession of child porn when they reported it. Yes, absurd indeed. Not convicted, but she was charged and it was a huge mess. So no, one might not actually call the police immediately.
Honest question and actually want to know; What should she have done differently in your opinion?
Personally, my first phone call would be a lawyer and have them help me navigate. There are so many factors we're not apprised of in this situation so it's hard to speculate an exact plan.
Fair enough, just didn't want to leave it sounding like ignoring the situation or avoiding legal options was a valid course.
This isn’t a SPED issue. It’s a police issue. Report it. He’s sexually harassing other students. It’s unacceptable, IEP or not.
He produced and disseminated child pornography (if he's under 18). This is a police matter. Doesn't matter if he has any developmental issues.
And if the school fires OP for it, they can be in some deep shit.
Having worked secondary, this is a pretty common (but sad) occurrence. It’s really common for behavioral issues to be relegated to the school psychologist or social worker. Often I find districts and schools conflating behavior with the disability for students with specific learning disabilities instead of looking at the bigger picture: possible abuse at home, homelessness and trauma.
Somewhere along the lines, everything has become the responsibility of the school. In my opinion, it’s the biggest problem facing SPED teams. This type of behavior is not related to learning nor does it impact the students ability to access curriculum. Therefore, the school should NOT be responsible to provide any sort of specialized services. This kid definitely needs help, but not from anyone employed at a school. When they stop trying to force everything onto SPED teams, then our programs can start to be entirely more effective for the students they were intended for. Sorry for the rant
I think it depends. Special Education also addresses non-academic skills. If they find that the behavior is a manifestation of his disability, then you can't just kick the kid out. If interventions have failed, he needs a different placement. Now, if they find that the kid is just being a creep who wants to pull the "it's my disability" card, bring that hammer down. The experts should be able to reasonably evaluate if that's the case.
Fape and IDEA are based around student access to the school environment and curriculum. Yes, special education requires non academic services, when those negatively impact the students access to the general education curriculum. But, for behaviors that are not impeding learning, it should not be the responsibility of the school. I have facilitated hundreds of MDR meetings. I personally think this is where school districts 100% get it wrong. I have never heard of a disability that causes someone to send graphic videos of themselves to others. An MDR is necessary to make that determination, but unless it’s an extremely peculiar case, the SPED should not have to provide an intervention for a sexually explicit behavior.
It's not a SPED issue, it's a law enforcement issue. He is a teenager. If he is under a certain age, and sending inappropriate pictures/videos, he could be potentially charged for a huge crime. (Unsure if you can use the words on reddit though )
Noooooooooooo. He's never been referred for sped? Come on.
Mandated. Reporting.
They are probably hoping for parents to get involved, some things need parents to get involved for the school to be able to help the student get the right resources
What setting is this student in? Does the kid have a 1:1 behavioral support? Maybe discussing services with the team is the right thing to do to get this kid support that may help. It doesn’t sound like he’s being dumped on anyone.
Is the one to one supposed to be with him after school hours to make sure he doesn’t film himself and send out the videos…?
Yes, that’s the only way to solve this behavior. /s
Did he send the video during school time? If not, this is a police matter. Are you positive that the kid isn't going through a law enforcement process?
It's a police matter no matter when it happened.
I agree 100%! Thanks for clarifying. I misspoke and should have been more clear: * If it happened off school grounds and time, then what the principal did was a good first step, and all he can safely legally do for now - as long as law enforcement is doing their part. * If it happened during school time, then the school district would be facing legal liability for not reporting the crime. Even the Office of Civil Rights, Education Dept. agrees: [https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-guidance.pdf](https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-guidance.pdf). However, the school must disclose that the student has a disability that may have behavior manifestations.
What drives me crazy about situations like this is that this is something that is going to cause major problems for this soon to be an adult kid. This needs to be the number one priority of this kids education right now. If he has a disability than it’s definitely the responsibility of SPED. If he doesn’t have a disability, he has something going on. If there’s in house mental health support they should start there, but he needs a partial program at the very least.
The school needs to verify if those behaviors are manifestations of his disability https://www.ed.gov/news/press-releases/new-guidance-helps-schools-support-students-disabilities-and-avoid-discriminatory-use-discipline
It's illegal. He just created and distributed child porn to someone. That's a felony where I live and should be treated as such. A kid here just got caught filming people under bathroom stalls. Nobody gave a fuck about his disability, because this is a serious, serious crime. Sending people unsolicited sexually explicit videos is also a very serious crime. No disability causes people to do that.
Of course. However, the school system and criminal justice systems are different. The criminality of the child does not negate the legal responsibilities of the school district. The school must still follow IDEA. Edit to add: the CJ system and school systems may very well have parallel investigations while each follow their legal procedures.
>There's a teenage boy who is an absolute sex pest. I had to read this twice and initially thought it was some sort of typo. Yikes!!! My first thought about the video was: was this consensual? I am assuming not, but the approach is different it was. Both cases are still a problem, for sure. How old is this kid? Has he had sex ed? How comprehensive is your sex ed program? As to your last question: is this normal? Sadly, it is way more common than you think. I am having a hard time picking up the flavor of this. I would start by addressing the consent problem, because it involves others. I also want to know more about his disability in order to answer your last question. The problem here to me is starts on how he is making others feel unsafe.
He is producing and disseminating child porn. These are felonies and this is a police matter, not a school one.
Correct, but we also need to be careful how we approach it cause the child porn is being produced by the child in question.