Discipline and Students with Disabilities

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Public Law 94-142: The Education for All Handicapped Children Act of 1975, now called Individuals with Disabilities Education Act (IDEA), requires states to provide free, appropriate public education (FAPE) for every child regardless of disability. This federal law was the first to clearly define the rights of disabled children to receive special education services if their disability affects their educational performance. A parent of a special education student also has basic rights under IDEA including the right to have their child evaluated by the school district and to be included when the school district meets about the child or makes decisions about his or her education. If a child is identified as in need of special education services, the school district must devise a written individual education program (IEP) for the child, which includes related services. An IEP is a statement of a student’s special education and related services including speech services, psychological services, physical and occupational therapy, counseling and assistive technology and transportation. In addition, this legally binding, individualized plan outlines reasonable educational goals for the student and is reviewed and updated yearly. The Individualized Education Program is developed by a team that includes the parents of the student, a general education teacher, a special education teacher, a school representative (principal), a person knowledgeable about evaluation (school psychologist), and others at request of IEP participants. The primary job of the IEP team is to plan a program of special education and related services that is reasonably calculated to provide a meaningful education benefit. The IEP Process includes a review of assessme... ... middle of paper ... ...behavior was not a manifestation of the student's disability and the student is suspended beyond 10 days, educational services, including access to the general curriculum, must continue. Special education services may not to be interrupted during the manifestation process or long-term suspension. Works Cited Fischer, L., Schimmel, D., & Stellman, L. (2007). Teachers and the law (7th ed.). Boston, MA: Pearson Education, Inc. National Alliance Of Mental Illness (2008, Fall). Understanding Your Legal Rights Under Special Education Laws. NAMI Beginnings, (12), 3-8. National Dissemination Center For Children With Disabilities (2010). Applying Discipline Rules to Students with Disabilities. Retrieved from http://nichcy.org/SchoolsAndAdministrators/Pages/discipline.aspx Wright, P. W.D., & Wright, P. D. (2010). Wrightslaw. Retrieved from http://wrightslaw.com

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