To the Editor:
Chris W. McCarty鈥檚 opinion essay, 鈥�The Troubling Legal Gap in Schools鈥� Ability to Prevent Mass Shootings,鈥� (Nov. 1, 2023) misrepresents the law and would worsen public schools鈥� efforts to keep all students safe.
The title of the piece coupled with McCarty鈥檚 opening assertion that many principals bring him violent threats they鈥檙e not sure how to act on, and the later focus on students with individualized educational programs can leave readers with the impression that students with disabilities are a major source of violent threats. However, there are no data that substantiates this. His call to unilaterally remove students for subjectively deemed 鈥渢hreats鈥� is terrible policy. Pushing out students with behavioral and mental health needs makes them and carry weapons. Schools must address student needs in a way that protects the safety of the entire school community.
Instead of calls to push students out, there should be calls for more trained educational professionals who can provide essential, evidence-based guidance, resources, and support.
Contrary to McCarty鈥檚 assertions, the Individuals with Disabilities Education Act has not created a 鈥済ap鈥� in schools鈥� ability to manage the discipline of children with disabilities. When a student with prior suspensions exhibits behavior that is deemed threatening, a school district has many available tools, including seeking a from a court to place the child in an interim alternative educational setting; seeking a placement change via the IDEA鈥檚 expedited hearing procedures; or obtaining parental agreement to a placement change.
Public schools have the legal and moral duty to provide needed behavioral support to children with disabilities before implementing disciplinary removals. Instead of creating a class of uneducated, unsupervised, and unattached youth, as McCarty鈥檚 proposal would do, we must intervene and work closely with troubled youth so they can positively contribute to the school and larger community.
Denise Marshall
Chief Executive Officer
Council of Parent Attorneys and Advocates
Towson, Md.
