Putting It All Together: A Case Study

September 2010 Given the complexity of IDEA's discipline procedures, you may find it helpful to look at a case study of a student subject to disciplinary action. This example is drawn from NICHCY's Building the Legacy training package on IDEA 2004--specifically, Module 19, Key Issues in Discipline. Charlie's Situation Charlie is a 5th grader who receives special education services for a learning disability.  Charlie is on grade level in math and … [Read more...]

IDEA’s Regulations on Discipline

Here, verbatim, are IDEA's discipline procedures. They are found in the final regulations for Part B of IDEA from §§300.530 through 300.536. Discipline Procedures § 300.530 Authority of school personnel. (a) Case-by-case determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with … [Read more...]

Subpart E of the Part B Regulations: Procedural Safeguards

These regulations in Spanish | Estas regulaciones en español The current page connects you with IDEA's exact words only, without explanation or commentary. Rather have a summary of IDEA's procedural safeguards? Visit the Parental Rights section of NICHCY's site. Looking for training materials on procedural safeguards? They're ready and waiting for you as Modules 17, 18, and 19 of Building the Legacy, our training curriculum on IDEA 2004. e-CFR … [Read more...]

Behavior at School

November 2009 Links updated, May 2013 Behavior at school. What a gigantic topic, for families and schools alike. NICHCY is pleased to connect you with resources for helping children with disabilities with respect to behavior at school. School presents a unique challenge for children with behavior issues. Teachers need tools to use to help provide support and guidance.  Administrators need methods for creating a positive learning atmosphere … [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...]

Evidence-based nonpunitive alternatives to zero tolerance

"Zero tolerance" refers to school disciplinary policies that set out explicit, predetermined punishments for specific violations of school rules, regardless of the situation or context of the behavior. These arose in the wake of school violence episodes such as Columbine. This resource, Multiple Responses, Promising Results: Evidence-based Nonpunitive Alternatives to Zero Tolerance, is a 12-page research-to-results brief from Child Trends. The brief … [Read more...]

Zero tolerance and alternative strategies

Zero tolerance has come to refer to school or district-wide policies that mandate predetermined, typically harsh consequences or punishments (such as suspension and expulsion) for a wide degree of rule violation. Yet research indicates that zero tolerance policies are ineffective in the long run and are related to a numberof negative consequences. Written for educators and policy makers, this fact sheet discusses proven discipline strategies that … [Read more...]

Restraining the Use of Restraints for Students with Disabilities: An Empirical Analysis of the Case Law

April 2012Read the Article (PDF)About This ArticleIn recent years, reports of the use of restraints and seclusion with students with disabilities have garnered attention not only from educators and the general public but also from legislators and litigators.  This article briefly reviews recent federal efforts to minimize the use of restraints and seclusion to control student behavior, noting that prohibiting their use is currently a matter of state … [Read more...]

NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.