If you have wondered how the Parkland killer could have asserted a legal right to be “mainstreamed” into Marjory Stoneman Douglas High School despite a long history of violent tendencies, this investigation by the local newspaper may provide your answer.
In an eight-month investigation, the South Florida Sun Sentinel found that a sweeping push for “inclusion” enables unstable children to attend regular classes even though school districts severely lack the support staff to manage them. … Even threatening to shoot classmates is not a lawful reason to expel the child….
“It’s just a no-win scenario right now,” said attorney Julie Weatherly, of Mobile, Alabama, who advises school districts on the legal complexities of removing aggressive students when they have a disability. “Nobody wants a Parkland, of course. It’s this huge nightmare.”
Aside from IDEA, the federal disabled-rights-in-school laws, and its sometimes even more stringent state counterparts, federal education privacy laws are involved as well. A Broward County teacher chose to break the rules after an elementary student “obsessed” over a girl, tormented her if she withheld attention, and on being removed from the classroom one day cried and screamed her name while throwing himself against a door:
The girl’s mother had no idea her daughter was being terrorized. Because of the student’s federally protected privacy rights, Budrewicz’s bosses cautioned her not to tell the mother — a warning she ultimately defied. The mom cried and thanked her and removed her daughter from the class the next day, she said.