Q & A Corner - Issue #12

NASET Q & A Corner

DISCIPLINE PROCEDURES

The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004, by President George W. Bush. The provisions of the act became effective on July 1, 2005, with the exception of some of the elements pertaining to the definition of a “highly qualified teacher” that took effect upon the signing of the act. The final regulations were published on Aug. 14, 2006. This NASET Q & A Corner addresses significant changes from preexisting regulations to the final regulatory requirements regarding discipline procedures and provides answers to the following questions:

  • Did IDEA 2004 add a new authority for school personnel to consider unique circumstances?
  • Did IDEA 2004 expand removal authority for special circumstances related to serious bodily injury?
  • Did IDEA 2004 retain previous authority for immediate short-term removals?
  • Did IDEA 2004 retain authority for long-term removals for behavior that is not a manifestation of the disability?
  • Did IDEA 2004 clarify when services are required during disciplinary removals, the provision of such services and who makes the determination regarding services and interim alternative educational settings?
  • Did IDEA 2004 specify when the LEA must give notice?
  • Did IDEA 2004 establish a new standard for manifestation determinations?
  • Did IDEA 2004 add a new provision when there is a determination that the behavior was a manifestation of the disability?
  • Did IDEA 2004 retain a definition of change of placement and clarify that the public agency makes a case-by-case determination of whether a specific pattern of removals meets the definition?
  • Did IDEA 2004 retain and revise the standard for a public agency’s basis of knowledge for children not determined eligible for special education and related services?
  • Did IDEA 2004 establish exceptions to the public agency’s basis of knowledge for ineligibility, or refusal of consent to evaluation or services?
  • Did IDEA 2004 retain hearing rights related to disciplinary removals?
  • Did IDEA 2004 establish the authority of the hearing officer?
  • Did IDEA 2004 establish procedures for an expedited hearing?
  • Did IDEA 2004 address the child’s placement pending a disciplinary hearing decision?


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