Discipline in Special Education (eBook)

Preface
Acknowledgments
About the Authors
1. Education and the American Legal System
Introduction
Sources of Law
Court Systems
Legal Resources and References
Understanding Legal Citations
Summary
References
2. Discipline in the Public Schools
Introduction
Student Rights and School Punishments
Due Process
The Fourth Amendment Rights of Students
Summary
References
3. Laws Affecting Discipline for Students With Disabilities
Introduction
Statutes Relevant to Students With Disabilities
Early Case Law
Amendments to the IDEA
Summary
References
4. 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
5. 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
6. 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
7. Conclusions and Recommendations for Practice
Introduction
Required Due Process
Manifestation Determination
Emergency Removals
Summary
References
Resource A: Provisions of the IDEA Relevant to Discipline
Resource B: IDEA Regulations Relevant to Discipline
Resource C: Honig v. Doe
Resource D: Useful Education Law Web Sites
Resource E: Glossary of Terms, Acronyms, and Abbreviations
Index