Full Description
"This practical, easy-to-follow guide is an informative and well-organized resource for busy administrators who are trying to run safe, orderly schools."
—Lois F. Berlin, Superintendent
Falls Church City Public Schools, VA
"The authors present readable, practical guidelines detailing the full spectrum of discipline-related legal issues impacting students with special needs."
—Kevin P. Brady, Assistant Professor
North Carolina State University
Make appropriate disciplinary decisions without violating the rights of students with disabilities!
Leading experts Allan G. Osborne, Jr., and Charles J. Russo illustrate how existing legislation affects the rights of students with disabilities and provides educators with clear guidelines for taking suitable disciplinary actions under the reauthorization of IDEA 2004.
Ideal for school principals, assistant principals, guidance counselors, school board members, and special education faculty, this resource includes frequently asked questions, a glossary of terms, acronyms, and abbreviations for easy reference. In language that is current and reader friendly, this book also:
Analyzes case law, including Honig v. Doe, the primary court decision concerned with disciplining students with disabilities
Offers a thorough overview of IDEA's many detailed disciplinary mandates and provides suggestions for implementing each of the mandates
Clarifies the IDEA provisions that protect students to help ensure they are not being disciplined for actions that stem from their disabilities
Discipline in Special Education helps school personnel gain a solid foundation for making disciplinary decisions that are fair and legal.
Contents
Preface
Acknowledgments
About the Authors
1. Education and the American Legal System
Introduction
Sources of Law
Court Systems
Legal Resources and References
Understanding Legal Citations
Summary
References
2. Discipline in the Public Schools
Introduction
Student Rights and School Punishments
Due Process
The Fourth Amendment Rights of Students
Summary
References
3. Laws Affecting Discipline for Students With Disabilities
Introduction
Statutes Relevant to Students With Disabilities
Early Case Law
Amendments to the IDEA
Summary
References
4. Removal of Students From General Educational Settings
Introduction
Authority of School Personnel
Functional Behavioral Assessments and Behavior Intervention Plans
Expulsions of Students With Disabilities
Suspensions of Students With Disabilities
Manifestation Determinations
Hearings to Challenge Manifestation Determinations
Summary
References
5. Transfers to More Restrictive Settings
Introduction
Changes in Placement to More Restrictive Environments
Transfers to Interim Alternative Placements for Weapon or Drug Violations or Infliction of Serious Bodily Injuries
Injunctions to Remove Dangerous and/or Disruptive Students
Summary
References
6. Other Disciplinary Considerations
Minor Disciplinary Sanctions
Rights of Students Not Yet Identified as Having Disabilities
Rights of Former Special Education Students
Effect on the Juvenile Court and Law Enforcement Agencies
Summary
References
7. Conclusions and Recommendations for Practice
Introduction
Required Due Process
Manifestation Determination
Emergency Removals
Summary
References
Resource A: Provisions of the IDEA Relevant to Discipline
Resource B: IDEA Regulations Relevant to Discipline
Resource C: Honig v. Doe
Resource D: Useful Education Law Web Sites
Resource E: Glossary of Terms, Acronyms, and Abbreviations
Index
