Experts provide educators with legal guidelines for taking appropriate disciplinary action that can withstand legal challenges without violating the rights of students with disabilities under IDEA 2004.
Experts provide educators with legal guidelines for taking appropriate disciplinary action that can withstand legal challenges without violating the rights of students with disabilities under IDEA 2004.
Allan G. Osborne, Jr., is the principal of the Snug Harbor Community School in Quincy, Massachusetts, and a former visiting associate professor at Bridgewater State College. Osborne has authored or coauthored numerous articles, monographs, textbooks, and textbook chapters on special education law, along with textbooks on other aspects of special education. A past president of the Education Law Association (ELA), he has been a frequent presenter at ELA conferences and writes the "Students with Disabilities" chapter of the Yearbook of Education Law, published by ELA. Osborne is on the editorial advisory committee of West's Education Law Reporter and is coeditor of the "Education Law Into Practice" section of that journal. He also serves as an editorial consultant for many other publications in education law and special education. He received his doctorate in educational leadership from Boston College.
Inhaltsangabe
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
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
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