Disciplining students with disabilities has been a controversial issue among school officials, parents, and other members of school communities for many years. Federal law guiding administrative practice is codified in the Individuals with Disabilities Education Act of 2004 (IDEA), a lengthy, cumbersome, and sometimes difficult to understand…

The West Virginia Board of Education (WVBE), recognizing the need for safe and supportive schools, revised its policy regarding student conduct. The result, "Expected Behaviors in Safe and Supportive Schools" (WVBE Policy 4373, effective July 1, 2012), put forth the behaviors expected of West Virginia's students; the rights and…

The purpose of this study is to investigate factors that may influence school administrators' disciplinary decisions involving students with disabilities. Confirmatory factor analysis suggests that the investigator-developed measures adequately represent the hypothesized latent factors per the pattern of observed responses. The hypothesized…

Special education litigation remains a volatile area with significant practice implications. A review of the 2010 case law in the "Special Educator" identified discipline (manifestation determination, seclusion and restraints, harassment), evaluation/RTI, and postsecondary transition as specific areas of concern. School administrators should keep…

As the parent of a child who has or may have a disability, the federal and state laws give them certain rights--called procedural safeguards. If they would like a more detailed explanation of these rights, they should contact the principal of their child's school, a school administrator, their local special education director, or any of the…

Discusses how PL94-142 may cause discipline dilemmas in schools, especially regarding suspension and expulsion, noting difficulties of determining separate discipline policies for handicapped and nonhandicapped students. Notes that the literature, the law, and the courts all point to the need for options for dealing with disciplining special…

Examines Federal special education legislation for limitations on the right of public schools to discipline handicapped students. Describes the case of Stuart v Nappi, in which the plaintiff successfully fought disciplinary expulsion from school based on her status as a special education student. (MJL)

This discussion of the discipline of students with disabilities notes rules and limitations that are different from those for the discipline of students without disabilities. Legal considerations in disciplining all students as well as those protected under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of…

Reviews the 1997 amendments to the Individuals with Disabilities Education Act relating to short-term and long-term suspension. New protections for students with disabilities and the new tools for administrators to be used in addressing behaviors are discussed, including placement of students with disabilities in interim alternative-educational…

A legal history of the logic behind the manifestation determination meeting was compiled based on a review of the literature. In addition a search of the Individuals with Disabilities Education law Reporter (IDELR) was conducted to identify manifestation determination cases decided after 1994 and before 2003. This time frame gave an indication of…

Legal considerations in student discipline policies, particularly expulsion, and the rights of handicapped students are discussed in this paper. The public school administrator's dilemma is to uphold students' legal rights while maintaining a safe learning environment for all students. A review of recent litigation concludes that implementation of…

Discusses issues related to implementing the new discipline provisions in the Individuals with Disabilities Education Act Amendments of 1997. Litigation that led to the new provisions is described, along with issues relating to conducting functional assessments, making a manifestation determination, generating interim placements, and cessation of…

Any action by a public school that interrupts access of handicapped students to an appropriate education is regulated by federal laws, including the Education of the Handicapped Act and Section 504 of the Rehabilitation Act. Disciplinary sanctions such as suspensions and expulsions are included among these interruptions. Decisions in three court…

Dr. Mitchell Yell, an expert in special-education law, is interviewed on the 1997 amendments to the Individuals with Disabilities Education Act that will affect the discipline of students with disabilities. He addresses suspension and expulsion of students with disabilities, the required manifestation determination hearing, and…

This booklet looks at selected recent court cases dealing with a number of questions regarding P.L. 94-142 and Section 504 of the Rehabilitation Act of 1973: (1) What is meant by "free appropriate" education? (2) Which services are considered "related services" and thus obligatory upon schools? (3) What procedural protections…