September 2010 This article takes a not-so-brief look at how a student placement can be affected by disciplinary actions at school. Table of Contents Background Limitations of this discussion School codes of conduct Overview of IDEA's discipline procedures Authority of school personnel What's a change of placement? Case by case determinations Parent notification Manifestation determination Authority of … [Read more...]
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PDFGeneral Authority of School Personnel
September 2010At the beginning of the school year, students often receive guidelines of expected standards of behavior, dress, academic integrity, and attendance, as well as the consequences of violating those standards. IDEA addresses the extent to which schools may take disciplinary action when a child with disabilities violates a local code of student conduct. These codes vary from place to place, so it may be important for you to get a copy of … [Read more...]
Are Services Provided During Disciplinary Removals?
September 2010 After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, the school system must provide services to the student during any subsequent days of removal, to the extent required under §300.530(d). And what does §300.530(d) require? That is the subject of this article. ___________________________________ Which services, under what circumstances, and who … [Read more...]
Appeals and Expedited Due Process
September 2010 Both the LEA and the parent of the child with a disability have the right to file a due process complaint, which is the first step in requesting a due process hearing to appeal decisions taken during disciplinary procedures, although the reasons these parties may do so differ. As §300.532(a) makes clear: Parents may appeal decisions regarding placement of their children (under §§300.530 and 300.531); Parents may appeal decisions … [Read more...]
Child’s Placement During the Appeal Process
September 2010 This article addresses a common concern—the child’s placement during the appeal process. Where will the child be placed until a decision on the appeal is issued—the original placement from which the child was removed during the disciplinary action, the interim alternative educational setting (IAES) to which he or she has been removed, or another setting that the parents and the school system agree to? General Answer: The … [Read more...]
Applying Discipline Rules to Students with Disabilities
October 2010 NICHCY is pleased to offer you three types of information about how discipline rules may be applied to students with disabilities who violate a code of conduct. These webpages are found in our section on Placement, under Children and Youth (3-22), with quick-links to them below. ________________________ Placement and School Discipline A not-so-brief overview of how disciplinary action at school can affect a student's placement. … [Read more...]
Module 19: Key Issues in Discipline
by Renee Bradley Office of Special Education Programs U.S. Department of Education October 2007 English only slideshow Handouts for Participants in English and in Spanish Module 19 discusses IDEA's very specific procedures for disciplining students with disabilities who violate a code of student conduct. These have changed significantly from prior law, where they were first introduced. Can a school suspend or expel a student with a disability … [Read more...]
