Will Matanzas High School student who attacked teacher's aide be expelled? Here's the process
The Matanzas High School student who violently attacked a teacher's aide over a video game will be tried as an adult, officials said Monday.
Separate from the criminal case being handled by law enforcement and the State Attorney's Office is the Flagler County School District's investigation.
Jason Wheeler, spokesman for the district, said officials generally finish school board investigations within a couple of weeks.
Here's what we know:
Paraprofessionals can be assigned to single students or classrooms
The 17-year-old student had a paraprofessional assigned to him as part of his individualized education plan, Jason Wheeler, spokesman for the Flagler County School District, said Monday. However, the district wouldn't specify whether the woman who was attacked was assigned to the student.
Individualized education plans are developed for children deemed eligible for exceptional student education services which are provided to students with disabilities, according to the state Department of Education.
Wheeler said he couldn't state whether or not the paraprofessional, Joan Naydich, was assigned to this student specifically or to a particular classroom.
Brendan J. Depa is charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison, records show.
The News-Journal is naming Depa as he has been charged as an adult.
How are ESE students disciplined?
All students are expected to follow the district's Code of Student Conduct regardless of placement.
If a student is being investigated by the district, a recommendation regarding expulsion will be made at the conclusion.
However, if the student being investigated is an ESE student, there must be a review to determine "if the action or conduct was a manifestation of the student's disability," according to Disability Rights Florida.
The district, parent or guardian and members of the IEP team will review the student's file and any relevant information to determine "if the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability or if the conduct in question is a direct result of the [local educational agency's] failure to implement the IEP," the Disability Rights Florida website states.
If the student is exhibiting violent or disruptive behaviors, a District Multidisciplinary Team may be formed for further review.
The team "will determine supports, interventions and placements for the student" which could include: extended suspension, alternative placement, alternative plans for education, or recommendation of expulsion, according to the district's Code of Student Conduct.
If expulsion is recommended, it includes whether or not services should be provided, Wheeler said. If the recommendation is expulsion without services, the School Board will make the final decision.
If it's recommended the student be expelled with services, the student's status will be reviewed every 45 days by John Fanelli, the district's coordinator of student supports and behavior.
This article originally appeared on The Daytona Beach News-Journal: Will Matanzas High School student who attacked aide be expelled?