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...]
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...]
Module 18: Options for Dispute Resolution
February 2008 English only slideshow Handouts for Participants in English and in Spanish Author Lisa Pagano Office of Special Education Programs U.S. Department of Education with special thanks to... Marshall Peter, Dick Zeller, Philip Moses, and John Reiman CADRE | Consortium for Appropriate Dispute Resolution in Special Education __________________________ Module 18 is all about IDEA's mechanisms for resolving disputes between … [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...]
