Valleywood Public High School Student Handbook 2023-2024

Building Tomorrow’s Leaders Today

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Section IV: Behavioral Expectations

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Subsection IV.11: Superhuman Abilities and Conduct

  1. Usage of Abilities: Students with superhuman abilities are expected to exercise extreme caution and discretion while on school premises. The use of superhuman abilities is strictly prohibited unless explicitly authorized by faculty or staff for educational or emergency purposes.
  2. Harassment and Intimidation: Harassment or intimidation of students, faculty, or staff through the use or threat of superhuman abilities is considered a severe disciplinary offense and will result in immediate actions up to and including expulsion and legal consequences.
  3. Disclosure: Students with superhuman abilities are not mandated to disclose their abilities; however, nondisclosure may limit the accommodations that can be provided (See Section V for accommodations).
  4. Consequences: Failure to adhere to these behavioral expectations can result in disciplinary action as outlined in Section IX: Disciplinary Procedures and may include contacting local authorities.

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Section V: Accommodations

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Subsection V.5: Superhuman Abilities and Disabilities

  1. Accommodations Request: Students with superhuman abilities or disabilities may request accommodations by filling out form SH-21, available from the Student Services Office.
  2. Medical Documentation: Any request for accommodations must be accompanied by medical or expert documentation confirming the superhuman ability or disability.
  3. Case-by-Case Basis: Accommodations are determined on a case-by-case basis through an Individualized Accommodations Plan (IAP), designed in conjunction with parents, guardians, or caregivers, school staff, and experts in superhuman abilities, if required.
  4. Confidentiality: All records and discussions pertaining to a student’s superhuman ability or disability will be handled with strict confidentiality and only disclosed to necessary school personnel.

Subsection V.6: Superhuman Abilities – Undisclosed Status

  1. Policy for Undisclosed Abilities: The school recognizes that there may be students with superhuman abilities who choose not to disclose them, either to the school or to their parents/guardians. This could be due to a variety of personal, safety, or privacy reasons. The school respects the right of students to maintain this privacy.
  2. Confidential Support: Students who have not disclosed their superhuman abilities but seek support or accommodations are encouraged to speak confidentially with a designated staff member, such as a counselor or trusted teacher. These discussions will be held in strict confidence, respecting the student’s privacy.
  3. Emergency Situations: In cases where a student’s undisclosed superhuman ability is revealed in an emergency situation, the school will prioritize the safety and well-being of all students and staff. The incident will be handled with sensitivity and discretion, and the student’s privacy will be respected in any subsequent discussions or actions.
  4. Legal Protections and Rights: Students with undisclosed superhuman abilities are still protected under existing disability and privacy laws. The school will not compel students to disclose their abilities and will not take punitive actions based on a student’s choice to keep their abilities private.
  5. Guidance and Resources: The school offers resources and guidance for students grappling with the decision to disclose their superhuman abilities. These resources are available through the Student Services Office and include access to counseling, legal advice, and support groups.

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Section XII: Information for Parents

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Subsection XII.6: Children with Superhuman Abilities

  1. Disclosure: While it is not mandatory, parents are encouraged to disclose any known superhuman abilities to help the school better support their child’s educational experience.
  2. Emergency Protocols: Parents will be informed of any emergency protocols or drills involving the use of superhuman abilities and are required to sign a consent form to permit their child to use their abilities in such situations.
  3. Legal Protections: Students with superhuman abilities are protected under existing disability laws to ensure their right to a public education. Parents who feel that their child has been discriminated against due to their abilities should contact the Student Services Office immediately.
  4. Resource Counseling: For parents seeking additional resources on managing and understanding their child’s superhuman abilities, the school offers counseling services and can provide references to external experts and institutions specialized in superhuman abilities.

Subsection XII.7: Respecting Student Privacy

  1. Parental Awareness: While parental involvement is generally encouraged, the school acknowledges that there may be circumstances where a student has chosen not to disclose certain information, such as superhuman abilities, to their parents/guardians.
  2. School’s Role: The school’s primary responsibility is to provide a safe and supportive environment for all students. In cases where a student’s superhuman ability is undisclosed to parents, the school will respect the student’s decision and privacy.
  3. Parental Support: For parents who are aware of or suspect their child might have superhuman abilities but face challenges in communication, the school offers counseling and mediation services. These services aim to facilitate open and supportive dialogues within families.

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Please be aware that this handbook is subject to change. For the most up-to-date information, visit the Valleywood Public High School website or contact the administration office directly.


Legal Quarterly of Education and Civil Liberties

Volume 49, Issue 3, Fall 2016

Accommodating the Superhuman: A Comprehensive Analysis of Z v. Arizona State Board of Education

By Katherine L. Randall, Esq., LL.M. in Constitutional Law, Adjunct Professor at Harvard Law School

Abstract

The recent Supreme Court ruling in Z v. Arizona State Board of Education has set a precedent that extends the principles of the Individuals with Disabilities Education Act (IDEA) to superhuman students, requiring public educational institutions to make “reasonable accommodations” for their unique abilities. This brief delves into the specifics of the case, the legal arguments presented, and the implications for both educational law and civil liberties.

Introduction

In 2016, the Supreme Court of the United States issued a landmark decision in the case of Z v. Arizona State Board of Education. The plaintiff, identified only as “Z,” a 14-year-old student, brought a suit against her school district for failing to accommodate her unique educational needs, which arose from her superhuman ability–perceived by many as “telepathy,” but more accurately described as “super-cold reading”. This case has direct implications not just for superhuman students, but for all individuals requiring special accommodations under the law.

Case Summary

Z was accused by her school district of cheating on tests and examinations due to her ability to discern information from individuals and the environment around her. Despite the school’s allegations, no concrete evidence was produced to validate the claim of cheating. Z and her legal guardians contended that the school district’s refusal to make reasonable accommodations for her condition was a violation of her rights under the Superhuman Education Act of 2005 and the IDEA.

The school initially subjected Z to disciplinary action, predicated on the allegation that she was cheating during tests and examinations. This action took several forms:

  1. Isolation During Exams: Z was separated from other students during examinations, placed in a room by herself without adequate proctoring, which she and her legal guardians argued constituted a form of isolation that was detrimental to her mental well-being.
  2. Suspension: Z received a two-week suspension pending an investigation into the cheating allegations, which was not conclusively resolved but left a permanent mark on her academic record.
  3. Forced Change of Classes: Z was moved from her honors-level courses to standard-level classes, impacting her educational trajectory and creating a form of academic stigmatization.
  4. Barred from Extracurriculars: The school prohibited Z from participating in any extracurricular activities, including clubs where she held leadership positions, for the duration of the academic year.
  5. Behavioral Contract: The school required Z to sign a behavioral contract that specifically targeted her abilities, requiring her to refrain from using her “super-cold reading” abilities. This was considered by Z and her legal team to be a form of discrimination based on her inherent characteristics.
Legal Context

The precedent for Z v. Arizona State Board of Education can be traced back to several key rulings:

  1. Brown v. Board of Education (1954): Established that segregation in public schools was unconstitutional, highlighting the principle of equal educational opportunities for all.
  2. Individuals with Disabilities Education Act (IDEA): Federal law mandating that schools must provide free and appropriate education to children with disabilities.
  3. Superhuman Education Act (2005): Extends the concept of free and appropriate education to superhuman children, ensuring that they are given access to the same public education as their non-superhuman peers, with appropriate accommodations.
Legal Arguments

In a landmark 7-2 decision, the Supreme Court ruled decisively in favor of Z in her case against the Arizona State Board of Education. Writing for the majority, Chief Justice John Roberts underscored the lack of compelling evidence presented by the school district to substantiate their claims that Z had cheated on tests and examinations. Despite leveraging harsh disciplinary actions, the school district failed to produce any concrete proof to validate their allegations against Z. This foundational weakness in the school’s case resonated with the Court and tipped the scales toward the protection of the student’s civil liberties.

The Court also emphasized the mandatory accommodations stipulated by both the Superhuman Education Act of 2005 and the Individuals with Disabilities Education Act (IDEA). Chief Justice Roberts highlighted that these laws necessitate that educational institutions provide reasonable accommodations for students with unique abilities or disabilities, a standard the Arizona school district had fallen well short of. Instead, the disciplinary actions imposed on Z–ranging from suspension and isolation to a coerced behavioral contract–were viewed as counter to the spirit of these federal mandates.

Lastly, the Court found that the school district’s actions against Z amounted to a form of discrimination based on abilities. Such an approach infringed upon Z’s constitutional rights, an argument that found particular favor with the liberal wing of the court, notably Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Justices Jeffrey Sutton and Joan Larsen, although GOP appointments, also sided with the majority, suggesting a cross-ideological consensus on the issue of civil liberties and non-discrimination.

Justices Clarence Thomas and Samuel Alito provided the dissent in this particular case. Justice Thomas argued that federal laws designed to protect individuals with disabilities should not extend to superhumans, citing concerns about states’ rights and the original intent of the laws. Justice Alito, on the other hand, focused his argument on the need to maintain academic integrity, expressing concerns that the ruling could enable students with special abilities to cheat or otherwise compromise the fairness of academic assessments.

The ruling set a precedent, clearly extending the principles of the Individuals with Disabilities Education Act to superhumans, a demographic that had previously navigated a murky legal landscape. It mandated that schools not only refrain from discriminatory practices against superhumans but also proactively consider accommodations for their unique abilities. In doing so, the Court clarified the path forward for superhuman students in the American education system.

Implications and Conclusion

The ruling in Z v. Arizona State Board of Education has wide-reaching implications. Schools are now unequivocally mandated to provide appropriate accommodations for superhuman students, extending the guarantees of IDEA to this new category of students. This precedent not only impacts the field of educational law but also makes a significant stride in the broader arena of civil liberties, affirming the rights and dignities of superhuman individuals.

By casting its vote in favor of Z, the Supreme Court has paved the way for a more inclusive educational landscape, one where the unique abilities of each student are recognized and accommodated.

For a full citation of referenced cases and laws, refer to the appendix.


INDIVIDUALIZED EDUCATION PROGRAM (IEP)

EXAMPLE FOR TRAINING PURPOSES ONLY

Student’s Name: Emily W.
School Year: 2023-2024

INDIVIDUALIZED EDUCATION PROGRAM (IEP)

The LEA and parent have agreed to make the following changes to the IEP without convening an IEP meeting, as documented by:

Date of Revision(s): None
Participants/Roles: None
IEP Section(s) Amended: None

Student’s Name: Emily W.
IEP Team Meeting Date (mm/dd/yy): 09/12/2023
IEP Implementation Date: 09/13/2023
Anticipated Duration of Services and Programs: 09/12/2024
Date of Birth: 10/01/2009
Age: 14
Grade: 8
Anticipated Year of Graduation: 2027
Local Education Agency (LEA): Hometown Middle School
County of Residence: America County
Name and Address of Parent/Guardian/Surrogate:
Mr. and Mrs. W.
45 Anywhere Street
America Valley, PA

Phone (Home): 555-555-5555
Phone (Work): 555-555-4444

Other Information: Emily is identified as having superhuman abilities identifiable as forms of ‘pyrokinesis’ and ‘telepathy’.

PRESENT LEVELS OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE

Present Levels of Academic Achievement
Emily is performing at grade level in all subjects. However, she experiences difficulty in maintaining focus during tests, which is an area where her telepathy could pose a distraction.

Present Levels of Functional Performance
Emily’s abilities require constant control and focus. She has been working with the school’s specialized counselor for students with superhuman abilities and has shown substantial progress in maintaining control over her pyrokinesis and telepathy.

Parental Concerns for Enhancing the Education of the Student
Emily’s parents are concerned about the lack of specialized educational programs for children with superhuman abilities and the potential for Emily to accidentally use her abilities in a stressful situation.

How the Student’s Superhuman Abilities Affect Involvement and Progress in the General Education Curriculum
Emily’s telepathy has made focus and attention in the classroom a challenge, requiring specialized seating arrangements and additional educational strategies. Her pyrokinesis, although controlled, poses a risk in science labs and physical education activities.

Strengths
Emily has excellent control over her abilities compared to her peers, showing great maturity and responsibility. She is also highly empathetic, a trait accentuated by her telepathic abilities.

Academic, Developmental, and Functional Needs Related to Student’s Superhuman Abilities
Emily needs specialized instruction to manage and control her superhuman abilities effectively. This includes ongoing counseling, differentiated instruction strategies, and possibly alterations in testing environments.

Needs
To help Emily meet her academic and personal goals, she needs to:

  • Continue to improve focus in the classroom and during tests.
  • Work on maintaining control over her abilities under stress.
  • Learn strategies to isolate her telepathy in crowded or high-stress environments.

ACCOMMODATIONS

The following accommodations have been identified as necessary to support Emily’s unique educational and functional needs related to her superhuman abilities:

Behavioral Expectations and Safety Protocols

  • Seating Arrangement: Preferential seating away from distractions and potential hazards, especially in science labs where her pyrokinesis could pose a safety concern.
  • Mindfulness Breaks: Scheduled, supervised mindfulness breaks to help Emily regain focus and control over her abilities.

Academic Accommodations

  • Testing Environment: Individualized or small-group testing environment with soundproof rooms to minimize distractions that might affect her telepathic abilities.
  • Extended Time: Extended time on assessments to allow for the necessary breaks to manage her abilities.
  • Use of Assistive Technology: Emily will have the option to use noise-canceling headphones during tests to help her focus.

Physical Education & Extracurricular Activities

  • Adapted Physical Education: A modified physical education program designed to safely incorporate students with superhuman abilities.
  • Supervised Extracurricular Participation: If Emily chooses to participate in extracurricular activities, close supervision is required to ensure that her abilities do not pose a risk to herself or others.

Counseling & Social Support

  • Specialized Counseling: Bi-weekly meetings with the school’s specialized counselor for students with superhuman abilities.
  • Peer Support Group: Access to a peer support group for students with superhuman abilities, meeting twice a month.

Communication

  • Regular Parent-Teacher Meetings: Quarterly meetings with Emily’s parents, teachers, and specialized counselor to discuss progress and any needed adjustments to her IEP.
  • Emergency Contact Protocols: Immediate contact with Emily’s parents in case of incidents related to the misuse or loss of control of her abilities.

Note: Accommodations may be revised or added based on ongoing assessments and input from the IEP team, which includes Emily, her parents, her teachers, and her specialized counselor.


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