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Discipline - Educating Children with Disabilities

clickable chart on educating children with disabilities - navigating the maze 

Discipline Considerations

click for discipline flow chartIf your child violates a school rule, it makes a difference if he or she has a disability. Under IDEA, special disciplinary rules apply. If the child has a disability that has not been identified, but the school district had knowledge of the disability, the protections still apply. The school has knowledge when a parent has expressed a concern in writing that the child may need special education, when a parent has requested an initial evaluation, or a teacher or other personnel has expressed concern about the child. Also, the parent may request an evaluation at the time of the discipline, and that must be expedited. If a parent has refused an evaluation or services, none of the protections apply.

If the behavior was not related to the disability, the child is disciplined like any other child. But the school must keep providing services under the IEP
If the student is under Section 504 alone, and is expelled or suspended for misbehaving, the school does not have to keep providing services. Other protections are similar to, though not as well-defined as, under IDEA.

If the behavior was a manifestation of the disability, the IEP team will conduct a functional behavioral assessment, implement a behavioral intervention plan (BIP), review and modify any current plans, and return the child to the previous placement (with certain exceptions when the conduct endangers other people, or drugs or weapons are involved), unless the parents and school agree to a change of placement.

clickable chart on educating children with disabilities

Special Education Clickapedia IDEA & Section 504 Concepts Fair and Appropriate Public Education Child Find Kinds of Schools Public Schools Private Schools Special Schools Disability Evaluating and Assessing by Parent Request by School Request Independent Educational Evaluation Ongoing Evaluations Special Education and Related Services Section 504 Plan Individualized Educational Program Extended School Year Transition Plan Dispute Process Due Process State Complaint Office of Civil Rights Administrative Appeal Mediation Discpline Change of Placement Manifestation Determination Interim Alternative Educational Setting Terms and Definitions

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