Discipline in Special Education Book

Preface ix

Acknowledgments xv

About the Authors xix

1 Education and the American Legal System 1

Introduction 1

Sources of Law 2

Constitutions 2

Statutes and Regulations 3

Common Law 4

Court Systems 5

Legal Resources and References 8

Understanding Legal Citations 8

Summary 9

Recommendations for Practitioners 10

What's Next 10

References 11

2 Student Discipline 13

Introduction 13

Student Rights and School Punishments 14

Due Process 16

Due Process Hearings 18

The Fourth Amendment Rights of Students 20

Searches of Students and Their Property 20

Drug Testing 25

Summary 28

Recommendations for Practitioners 30

What's Next 32

References 32

3 Laws Affecting Discipline for Students With Disabilities 37

Introduction 37

Statutes Relevant to Students With Disabilities 38

The Individuals With Disabilities Education Act 39

Section 504 of the Rehabilitation Act 41

The Americans With Disabilities Act 42

State Laws 44

Early Case Law 44

The First Lower Court Decisions 45

U.S. Supreme Court Decision 47

Post-Honig Decisions 49

Amendments to the Idea 56

Idea Amendments of 1997 56

Idea Amendments of 2004 57

Summary 59

Recommendations for Practitioners 59

What's Next 60

References 60

4 Removal of Students From General Educational Settings 63

Introduction 63

Authority of School Personnel 64

Functional Behavioral Assessments and Behavior Intervention Plans 65

Expulsions of Students With Disabilities 67

Suspensions of Students With Disabilities 69

Manifestation Determinations 70

Definition of Manifestation 71

Making Manifestation Determinations 73

Manifestation Decision-Making Guidelines 76

Hearings toChallenge Manifestation Determinations 79

Summary 81

Recommendations for Practitioners 81

What's Next 82

References 82

5 Transfers to More Restrictive Settings 85

Introduction 85

Changes in Placement to More Restrictive Environments 86

Transfers to Interim Alternative Placements for Weapon or Drug Violations or Infliction of Serious Bodily Injuries 87

Injunctions to Remove Dangerous or Disruptive Students 89

Summary 94

Recommendations for Practitioners 94

What's Next 95

References 95

6 Other Disciplinary Considerations 97

Introduction 97

Minor Disciplinary Sanctions 98

Detentions 99

Time-Outs and In-School Suspensions 100

Modified or Reduced Day Schedules 102

Corporal Punishment 103

Physical Restraints 104

Rights of Students Not Yet Identified as Having Disabilities 105

Rights of Former Special Education Students 107

Effect on the Juvenile Court and Law Enforcement Agencies 109

Summary 111

Recommendations for Practitioners 111

What's Next 112

References 112

7 Conclusions and Recommendations for Practice 115

Introduction 115

Required Due Process 116

Manifestation Determination 117

Emergency Removals 118

Summary 124

References 125

Resource A Provisions of the Idea Relevant to Discipline 127

Resource B Idea Regulations Relevant to Discipline 135

Resource C Honig v. Doe 145

Resource D Useful Education Law Web Sites 151

Resource E Glossary of Terms, Acronyms, and Abbreviations 153

Index 157