Discipline in Special Education

Written for building level school administrators who deal with disciplinary issues on a daily basis, this book provides legal guidelines for taking disciplinary action involving students with disabilities without violating students' rights under the reauthorization of IDEA 2004. The authors analyze case law, review IDEA provisions related to discipline, offer a thorough overview of other legal mandates, and provide educators with a solid foundation for making disciplinary decisions that will withstand legal challenges. Ideal for school principals, assistant principals, guidance counselors, school board members, and special education faculty, this book also serves as an excellent resource for special education administrators and other district level staff.

Preface
Acknowledgments
About the Authors
Education and the American Legal System
Introduction
Sources of Law
Court Systems
Legal Resources and References
Understanding Legal Citations
Summary
References
Discipline in the Public Schools
Introduction
Student Rights and School Punishments
Due Process
The Fourth Amendment Rights of Students
Summary
References
Laws Affecting Discipline for Students With Disabilities
Introduction
Statutes Relevant to Students With Disabilities
Early Case Law
Amendments to the IDEA
Summary
References
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
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
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
Conclusions and Recommendations for Practice
Introduction
Required Due Process
Manifestation Determination
Emergency Removals
Summary
References
Provisions of the IDEA Relevant to Discipline
IDEA Regulations Relevant to Discipline
Honig v. Doe
Useful Education Law Web Sites
Glossary of Terms, Acronyms, and Abbreviations
Index
Table of Contents provided by Ingram. All Rights Reserved.

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Discipline in Special Education

Summary

Table of Contents

Supplemental Materials