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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PDFManifestation Determination
September 2010 At specific times, and for certain violations of the student code of conduct, IDEA's discipline procedures require school systems to conduct what is known as a "manifestation determination review." The purpose of this review is to determine whether or not the child’s behavior that led to the disciplinary infraction is linked to his or her disability. Manifestation determinations were first introduced into IDEA with the 1997 … [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...]
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...]
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...]
Manifestation Determinations Under the New Individuals with Disabilities Education Act: An Update
April 2012Read this article (PDF)About this ArticleThis article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs interpretations, and published hearing and review officer and … [Read more...]
