By NICHOLE DOBO/The News Journal

Schools across Delaware are punishing a disproportional number of students with disabilities, mirroring a national trend.

A News Journal analysis of 2008-2009 school year data found that these students accounted for about 20 percent of the students suspended but nearly 14 percent of the student population. National studies have shown that these students represent about 20 percent of all students suspended but make up about 11 percent of the population.

State officials acknowledge the problem and say school leaders must understand what is causing the students' misbehavior.

"The piece we think is important is the problem-solving piece," said Martha Toomey, the state Department of Education's director of special education. "When we see behavior that warrants discipline, we need to figure out why."

In a story published Sunday, a News Journal study of more than 23,000 suspension and expulsion records found that nearly one out of five Delaware public school students was suspended or expelled last year, a figure nearly double the national average. Statewide, 22,828 of the 125,430 students in public schools were suspended or expelled, missing tens of thousands of school days. Almost 80 percent were sent home for non-criminal offenses such as breaking the dress code or cutting class.

For some parents of special-needs students, the concern is whether educators understand their children's disabilities and how to work with them.

Parent Rick Schroeter said his 14-year-old son's lack of communication skills leads to misunderstandings at school. The boy -- who has been diagnosed emotionally disturbed by his Caesar Rodney middle school but is in the process of an independent evaluation for autism -- has a hard time explaining his feelings, so he sometimes lashes out, Schroeter said.

One time, a teacher did not want to hug him, something the boy mistook for rejection, so he kicked her. When he does not understand an assignment, he refuses to do it because he does not know how to tell the teacher he's unable to do the work, his dad said.

Some of this behavior has led to suspensions. His father estimates that his son lost about a month and a half of school last year and at least nine days this school year.

"His kicking and hitting is not due to him just wanting to be that way," said Schroeter, who lives near Camden. "He just basically can't help himself."

Caesar Rodney officials did not return calls seeking comment this week.

Drawing the line

School districts have the ability to track student discipline numbers, and educators say that's helping them make informed decisions about teacher training needs and options for preventing problems. But some say it's not enough.

"Everything to help that teacher is in place," said Marie-Anne Aghazadian, executive director of the Parent Information Center of Delaware, a nonprofit resource and support center for parents of children with special needs. "What's really lacking is will on the part of the school districts to accept responsibilities."

Those responsibilities include figuring out if the behaviors that lead to punishments are manifestations of the child's disability. State and federal statutes are in place to help ensure children with disabilities are being treated fairly. The regulations -- which can be complex to navigate even for those who work in education -- require that teams evaluate a child's education and behavior plan after a suspension takes place to make sure the child is getting the right support to be successful in school.

That can be a challenge, especially for students with so-called "invisible disabilities," such as Attention Deficit Hyperactivity Disorder, Aghazadian said. Teachers of these students need to want to learn the best ways to educate these children and to recognize when bad behavior stems from the child's disability, she said.

For Schroeter, it's been difficult to find a place where his child can learn. He knows his son shouldn't hit people -- and he tells the teen so -- but sometimes the outbursts are hard to manage. He wants his child to be in an environment where he can learn and to be understood by his teachers.

"He opens doors for the same people that he hits," Schroeter said. "He's a loving kid."

Changing the trend

The U.S. Department of Education requires states to track the academic and behavioral progress of students with disabilities. A portion of the report deals with punishment of these children. Each school district and charter school must meet goals based on the proportion of students who are suspended for more than 10 days as compared with the general student population.

In Delaware, four school districts -- Caesar Rodney, Indian River, Red Clay Consolidated and Capital -- did not meet those goals in the 2007-2008 school year, the latest report available. That's an improvement from the last report, when seven districts did not meet the goals. Each of the districts on the list must create a plan to improve.

Educators and state officials stressed that the 2007-2008 reports are not representative of what's going on now, noting that data reviews show progress has been made. For instance, Red Clay's data show that it cut the number of special-education students who missed school in the 2008-2009 academic year more than 10 days by a quarter, spokeswoman Pati Nash said.

In the Indian River and Red Clay districts, officials worked with University of Delaware to implement a program called Positive Behavioral Support. Schools that use this education model focus on promoting good behavior, rather than just punishments. In Red Clay, nine schools use the program. In Indian River, all schools use it. Red Clay also used federal stimulus money to hire three behavioral interventionists who work in special education.

"We want to work with these families so that students are successful in school," said Hugh Broomall, an assistant superintendent at the district.

A team effort

At Appoquinimink, special education director Mary Ann Mieczkowski said it's important to make sure everyone is on the same page when educators and parents draft a plan to help the child with behavioral issues. During meetings, Mieczkowski puts paper on the wall and writes down plans they discuss on it. That helps prevent misunderstandings because everyone can see the notes and bring up any misunderstandings at the meeting.

Another key to success is tracking how well it's working, Mieczkowski said. She requires parents and educators to revisit the plan a couple weeks after it is drafted.

"Too many plans fall apart because nobody comes back to look at them," she said.

Mieczkowski has worked in special education for 25 years and was recently named special education director of the year in Delaware. It is the school's responsibility to teach children how to behave, even if it's difficult, she said.

"We have to teach the appropriate behaviors," she said. "That's part of our job."