Allan G. Osborne, Jr. and Charles J. Russo (April 2014)
Paperback, 80 pages
Monograph No. 88
ISBN-10: 1-56534-160-0
ISBN 13: 978-1-56534-160-9
One of the more contentious issues under the Individuals with Disabilities Education Act (IDEA) involves the discipline of students with disabilities. Written by a retired school administrator and a school law professor with a law degree, this monograph touches on the practical aspects of following the IDEA’s mandates, as well as the legal requirements. Five sections cover: 1) general disciplinary requirements applicable to all students; 2) statutes governing the education of students with disabilities; 3) case law that led to the inclusion of disciplinary provisions in the IDEA; 4) procedural requirements the IDEA requires school disciplinarians to employ with students with disabilities; and, 5) recommendations for practitioners. The purpose of the monograph is to give educators and their attorneys the information necessary to help them make legally correct decisions.
Table of Contents
I. Introduction
General Disciplinary Requirements
Application to Students with Disabilities
II. Relevant Statutes
The Individuals with Disabilities Education Act
Section 504 of the Rehabilitation Act
Americans with Disabilities Act
State Laws
III. Significant Judicial Precedent
Early Lower Court Litigation
U.S. Supreme Court – Honig v. Doe
Post-Honig Litigation
IV. Current IDEA Disciplinary Procedures
Authority and Responsibilities of School Personnel
Case by Case Determination
Suspensions
Transfer to Interim Alternative Educational Setting
Weapon, Drug, and Alcohol Violations
Infliction of Serious Bodily Harm
Other Disciplinary Changes in Placement
Expulsions and Long-term Suspensions
Authority
Provision of Services
Other Customary Disciplinary Measures
Detentions
Time Out and In-school Suspensions
Modified or Reduced Day Schedule
Corporal Punishment
Functional Behavioral Assessments and Behavioral Intervention Plans
Manifestation Determinations
Definition of Manifestation
Making Manifestation Determinations
Personnel Making Manifestation Determinations
Decisions Manifestation Teams Must Make
OCR Guidelines
Timelines
Manifestation Decision-Making Guidelines
Appeals
Hearing Officer Authority
Placement During Appeals
Injunctions to Exclude Dangerous Students
Rights of Students Not Yet Identified as Having Disabilities
Effect on Law Enforcement and the Courts
V. Summary, Conclusions, and Recommendations for Practice
Appendix: The IDEA’s Statutory and Regulatory Provisions Regarding Discipline
