Discipline of Students with Special Needs in Schools
Introduction
According to the Association for Supervision and Curriculum Development (2023), the general belief among teachers and administrators is that the Individuals with Disabilities Education Act insulates special education students from experiencing consequences for their disciplinary infractions and sets them apart from the school's regular disciplinary procedures. Horror stories abound about students whose behavior threatens the safety of staff and students, disrupting learning for themselves and other students.
The misperception that educators are supposed to tolerate such behavior is largely the result of the unclear administrative procedures outlined under the Education for All Handicapped Children Act of 1975 (Public Law 94-142) and the Supreme Court decision in Honig v. Doe (1988). Aware of these unclear procedures and educators' common misunderstanding of the law, the U.S. Congress took care, when reauthorizing the Education for All Handicapped Children Act as the Individuals with Disabilities Education Act in 1990 and 2004, to address the issue of appropriate disciplinary procedures for special education students. Educators need to know the provisions of the current law as they develop schoolwide discipline plans and the individualized education programs required for special education students.
TABLE of CONTENTS
NASET’s Survival Guide; Discipline of Students with Special Needs in Schools provides specific discipline procedures included in the law. Those discipline procedures addressed how public agencies could respond to behavioral infractions of children with disabilities. They were also rather complicated. 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.
- The Authority of School Personnel to Discipline a Student with a Disability
- Removal of a Student with a Disability Who is in Violation of the Student Code of Conduct
- Manifest Determination Hearing
- Special Education and Related Services for a Student During a Disciplinary Removal
- Due Process Hearings and Appeals
- Educational Placement During an Appeal
- IDEA's Discipline Procedures for Children not Previously Determined to be Eligible for Special Education and Related Services
- Responsibilities of School Districts When Crimes are Committed by Students with Disabilities
- CASE STUDY: Charlie
Classroom Management Tool Kit
The NASET Survival Guide Discipline of Students with Special Needs in Schools provides specific discipline procedures included in the law. Those discipline procedures addressed how public agencies could respond to behavioral infractions of children with disabilities. They were also rather complicated. 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.
Return to the main Survival Guide Page - Click Here