Discipline and the Disabled

OSEP Q and A on Discipline * *

“OSERS issues this Q&A document to provide guidance on discipline policies enacted for school-age students to personnel in State educational agencies (SEAs) and local educational agencies (LEAs), and families.  This Q&A document represents the Department’s current thinking on this topic.  It does not create or confer any rights for or on any person.  This guidance does not impose any requirements beyond those required under applicable law and regulations.”

OSEP: Questions and Answers on Discipline Procedures.

Center for Parent

Center for Parent Information and Resources * *

Here, verbatim, are the discipline regulations from the 2006 FR.  IDEA Discipline Regulations

School Discipline and Climate Guidance from U.S. Department of Education * *

The U.S. Department of Education (ED), in collaboration with the U.S. Department of Justice (DOJ), released a school discipline guidance package to help states, districts, and schools  develop practices and strategies that enhance school climate while also ensuring that those policies and practices comply with federal law. The guidance includes:

  • a guidance letter;
  • three guiding principles based on research and best practice;
  • a directory of federal technical assistance and other resources on school discipline and climate available to schools and districts;
  • a compendium of school discipline laws and regulations in each state and territory;  and
  • an overview of the Supportive School Discipline Initiative  ED: Discipline and School Climate Guidance

Module 19:  Key Issues in Disciplineschool discipline * *

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 for violating a code of student conduct? Change his or her placement? Is a manifestation determination necessary? What rules apply? This module will tell you. It concludes with case study examples.  Module 19: Key Issues

Applying Discipline Rules to Children with Disabilities * *

Here at the CPIR site, we’re pleased to offer you three types of information about how discipline rules may be applied to students with disabilities who violate a code of conduct.  Applying Discipline Rules

Discipline in Detail * *

You’ll be pleased to hear that those procedures have been revised in the 2004 Amendments to IDEA and that disciplinary processes have been streamlined. They are still complicated, so we’ve split the discussion into separate sections of more digestable length. The links below will also help you more quickly find IDEA’s requirements in specific disciplinary areas. The case study at the end looks at how IDEA’s discipline procedures apply in a real-life situation. Discipline in Detail

Compendium of Parenting Interventions * *

Early care and education teachers and providers play a central role in partnering with families on their children’s learning and development. The Administration for Children and Families (ACF) has produced three resources that can inform early childhood programs, networks, and States in their work to partner with and support families with young children using evidence-informed approaches. Early care and education staff can use this guide to identify examples of tools that may be used to measure family engagement outcomes and relationships with families.  Compendium of Interventions

State  Resources * *

Some states have produced documents that may be generically helpful.   Readers are encouraged to search their own state websites for relevant materials.

Virginia 43 pages:  Discipline of Children with Disabilities

Ohio 6 pages:  The Discipline Process for Children with Disabilitiest

 

New York.  New York’s Guidance is Regulatory:  Part 201 Procedural Safeguards

Other Online References: *

 

Discipline of Students with Disabilities: A Judicial Update Perry A. Zirkel* © 2008

Wrightslaw: * *

For one attorney’s perspective, see the following Q and A guest article:
My daughter has a language impairment and has been on an IEP since last year. She has had a rough year and was just suspended from school for pushing another student into a locker. This is her second suspension this year for fighting. I think she’s getting into these fights because she has so much trouble understanding how to use words in tense social situations. Does the school have to provide her any educational services while she is suspended? The Vice Principal told us he’s considering expelling my daughter. Can the school system do that?  Q and A on Discipline of Language Impaired Child

 

Also see our Q and A’s on Discipline:
And our page on Emotional Disabilities  for relevant court cases involving emotional disabilities. * *