Following up on question number 3, assume the school conducts a manifestation determination meeting. Tim attends the

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Following up on question number 3, assume the school conducts a manifestation determination meeting. Tim attends the meeting with his parents. At the meeting, Tim tells the team that smoking helps calm his nerves so he can focus in class. He also presents a note from his family physician stating that some studies have shown that nicotine can have a temporary, calming effect on students with ADHD (though the doctor does not recommend that Tim smoke). What should the team do? Does the smoking have a direct and substantial relationship to Tim’s ADHD? If so, what are the team’s options? Will Tim be allowed to smoke at school when other students cannot?

Question 3

Consider the following fact pattern:
Tim is a 17-year-old student with attention deficit hyperactivity disorder (ADHD) and a learning disability. He is caught smoking cigarettes at school for the third time in the same school year. The discipline for the first infraction was 3 days in-school suspension.
The discipline for the second infraction was 5 days out-of-school suspension, and the proposed discipline for this third infraction is 10 days out-of-school suspension. Is this final discipline action a change in placement?

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Special Education Law

ISBN: 9781483308319

5th Edition

Authors: Laura F Rothstein, Lauren Berger, Scott F Johnson

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