Suspension And IEA Essay

522 Words2 Pages
bulb-icon

Recommended: Education for all disabled children act

Suspension and IDEA
IDEA, the Individuals with Disabilities Act is a law that dictates a free and accessible education shall be made available to all children with disabilities. It also ensures that services related to their specific disability will be provided within the education system. One of the provisions of the IDEA, prohibits any school system from treating a child with disabilities any different than a child without disabilities. This is further broken down to guidance on the process needed to suspend a child with disabilities.
Removal for up to 10 days
Whenever a child, considered to have a disability, is found to be guilty of a disciplinary infraction, the IDEA allows the student to be placed on suspension. This suspension can be in school, or out of school. However, IDEA stipulates that …show more content…

Once a disabled student is faced with a suspension that results in over 10 cumulative days of suspension. Certain questions need to addressed about the disables student’s behavior. The IEP team, student’s parents, and administrators need to decide if the abhorrent behavior is a result of the student’s disability. This process is called manifest determination.
The process of manifest determination process answers the following questions:
1. Was the behavior caused by, or have any direct causal relationship to the student’s disability (Iowa Department of Education, n.d.)?
2. Was the behavior a result of the school’s failure to implement and/or follow an IEP (Iowa Department of Education, n.d.)?
If the answer is yes to either question, then the behavior that was cause for suspension is considered a manifestation of the student’s disability. This being the case, the school cannot suspend the student and must keep the student in the original placement. The school must then create an FBA and/or modify their existing BIP ("Summary of the Discipline & Manifestation Determination Provisions of IDEA 2004 & NJ State Special Education Code,"

Show More
Related

  • Honig Vs Doe Case Study

    853 Words  | 2 Pages

    The proposed expulsions and suspensions from their disability behaviors deprived them of their right to a free and appropriate public education in accordance to the EHA. The Judge ordered the school district from making other disciplinary acts other than a two-to-five-day suspension against any disabled child for disability-related behaviors and ensured that the “stay-put” provision would be in place and no student would be removed. This went to the Ninth-Circuit appeal where the previous decision was affirmed and modified to allow up to a ten-day suspension.

    Read More

  • Doe V. Withers Case Study

    3966 Words  | 8 Pages

    General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.

    Read More

  • The Gaskin Settlement Agreement: Summary And Reflection

    616 Words  | 2 Pages

    The Gaskin Settlement Agreement is an agreement between a group of families and advocacy organizations who filed a class action lawsuit against the Pennsylvania Department of Education (PDE) on behalf of a group of children with disabilities in 1994. This agreement does not change a student’s placement, program, or IEP in any manner. Only the IEP team has the authority to make modifications that will impact a student’s IEP. The main goal of this settlement is to make sure that IEP teams will determine if the goals in a student’s IEP may be implemented in a general education setting with supplementary aids and services prior to considering an environment that is more restrictive in nature. The elements of this case were designed to help increase the capacity of school districts to provide related services, SDI that is appropriate, supplementary aids and services, and supports to students who have disabilities that are placed in general education classrooms. The PDE lists many important elements of the Settlement Agreement to be aware of...

    Read More

  • Urban V. Jefferson County School District Case Summary

    1065 Words  | 3 Pages

    2.Facts: This case was originally presented before the district court of Colorado in 1993 on behalf of the parents of Gregory Urban, a seventeen-year-old teen with severe mental disabilities. Gregory and his parents moved to Evergreen, Colorado in 1991. The parents wanted Gregory to go to Evergreen High School but the school district placed him at Golden High School where he participated in support services for children with severe disabilities. The support services at Golden High School were not available at Evergreen High. After the development of Gregory’s IEP his parents voiced objections to what they believed constituted violations of Gregory’s right to a free and appropriate public education. These violations included placement of Gregory outside his neighborhood school and failure to stipulate transition services in his IEP. After initially participating in the IDEA administrative process the parents filed a case with the district court claiming the school district violated Gregory’s rights under IDEA and ADA. The court ruled in favor of the school district by rejecting

    Read More

  • Mara Sapon-Shevin's Widening The Circle: An Analysis

    814 Words  | 2 Pages

    This means that children with all different types of a disability are accessible to public education and learning through professional educators and through their peers. Another important legislation that has been established in 1975 is the Individuals with Disabilities Education Act (IDEA) that includes all ages of children and their rights to learn. Both of these movements helped shape what special education is today and assisted in bringing inclusion into the classroom. They both made it possible for students with disabilities to be integrated into general education classrooms, while getting the assistance they need as well.

    Read More

  • Putting It All Together Case Study

    514 Words  | 2 Pages

    Under the IDEA’s Regulations on Discipline (b) General (1) School personnel under this section may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under § 300.536).

    Read More

  • Active Parent Participation in IEP Meetings

    2273 Words  | 5 Pages

    Parents play a critical role in the planning of educational programs for their children. In efforts to increase parental involvement, instructions were added to the Individuals with Disabilities Education Act (IDEA) that mandated active parental participation during the preparation of Individualized Education Programs (IEPs). According to Lo (2008), when IDEA was reauthorized in 2004, additional parental rights were added that required the attendance of parents and every member of an IEP Team, unless both the parent and school agree to an absence and document that agreement in writing. That mandate emphasizes the importance of parental participation in educational programming for their children.

    Read More

  • Course 602 Week 2

    1074 Words  | 3 Pages

    Last week’s class has broaden my understanding of the rules and regulations regarding the Individuals with Disability Education Act (IDEA). For example, IDEA has a zero reject policy, which guarantees that public schools cannot turn away a student based upon their disability. With the current demand for schools to perform well on different standardized tests, schools would easily turn away students with disability if this policy was not set in place. Another major component of the IDEA that stood out to me is that students with disabilities must receive a Free Appropriate Public Education (FAPE). This is another area in which I can envision the students with disabilities being rejected if this law was not put in place. Unlike most general education students,

    Read More

  • Case Study: Stuart V. Nappi

    677 Words  | 2 Pages

    Nappi court case went to trial in the district court. The court found that ruled in favor of the plaintiff, which was Kathy Stuart. The judge explained that expulsion would reject Stuart from a free and appropriate education guaranteed to special education students in the Individuals with Disabilities Act (IDEA). The expulsion of handicapped children not only jeopardizes their right to an free and appropriate education, but it is also inconsistent with the procedures established by the Handicapped Act for changing the placement of disruptive children. Leagle (1985). STUART v. NAPPI (610 F.Supp. 90). Retrieved from http://www.leagle.com/decision/1985700610FSupp90_1677/STUART%20BY%20AND%20THROUGH%20STUART%20v.%20NAPPI. The court said that expelling students with disabilities will limit their availability to an education in the least restrictive environment. However, the court did rule that school officials could substitute an expulsion with suspension when dealing with a student who met the criteria to be covered by the Individuals with Disabilities Act (IDEA). In fact, the court ruled that a school district could suspend a student from school for a maximum of only ten days. The court also determined that a school district could also hold a meeting to change the placement of the student if a more restrictive environment was needed. First, school authorities can take swift disciplinary measures, such as suspension, against disruptive handicapped children. Secondly, a (special education committee) can request a change in the placement of handicapped children who have demonstrated that their present placement is inappropriate by disrupting the education of other children. The Handicapped Act thereby affords schools with both short-term and long-term methods of dealing with handicapped children who are behavioral problems. Casetext (1978). STUART V. NAPPI, (D.CONN. 1978). Retrieved from

    Read More

  • Case Study: Rachel Holland V. Sacramento Unified School

    1589 Words  | 4 Pages

    Rachel’s parent disagreed and with the Districts decision of half time special education placement and placed her in a private school in a general education classroom with supports where she was successfully meeting her IEP goals. Rachel’s parents also appealed the district’s placement decision to a California Special Education hearing officer. After fourteen days of hearing, the hearing officer ruled in favor of the parents and ordered the District to place Rachel in a general education classroom with support services. The District appealed the decision and the courts had to decide if the decision made by the hearing officer complied with the Individuals with Disabilities Act (IDEA). The courts ruled in favor of the defendant finding that the appropriate placement for Rachel, under the IDEA, was in a general education classroom, with supplemental services, as a full time member of

    Read More

  • Iep Development

    645 Words  | 2 Pages

    District personnel must ensure that the IEP is implemented; they must coordinate the agreed-upon placement and services that are listed in the IEP; and they must obtain parental consent before providing special education services. If parents refuse to consent, the district is not obligated to provide the student with a FAPE or to convene future IEP meetings. Additionally, the district cannot challenge parental refusal through due process. In other words, parents have the right to insist that their child is not provided special education and related services even after an evaluation has confirmed that the student is in need of these

    Read More

  • The Differences Between Low Incidence Disabilities

    1267 Words  | 3 Pages

    The Individuals with Disabilities Act, 2004 (IDEA), has 14 different categories of disabilities (IDEA Partnership, 2012). Students with disabilities can be placed into two more distinct groups which are high incidence disabilities or HID and low incidence disabilities or LID. IDEA defines low incidence disabilities as those students with visual, hearing or significant cognitive impairment (Outcome Data, 2006). These students need personal that are highly trained in specialized skill and knowledge to provide early interventions and education. Those with LID account for less than one percent of the school population (Outcome Data, 2006). Students that fall into this category are usually educated outside of the general education classroom for part of the school day.

    Read More

  • In School Suspension

    1530 Words  | 4 Pages

    Discipline has always been an issue that has plagued education. Troublesome students have always been a source of disturbances and distractions. Many school have implemented an in school suspension (ISS) program to combat the disruptiveness of problem students. These programs aim to remove students from the classroom while keeping them in an educational setting.

    Read More

  • Discipline and Students with Disabilities

    913 Words  | 2 Pages

    ...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.

    Read More

  • Individualized Education Program Essay

    717 Words  | 2 Pages

    There are many things that need to be included in an IEP. There are the obvious things like the students name and identifying information. Also, the date that the special services will begin, where the services will be delivered, and the duration to which these services will extend. Places to which these services can be administered include schools, homes, and/or hospitals. The age for which services can begin are at the age of 3 and end at the age of 21. Another thing that will be included in the IEP is a statement of the child’s present academic achievement and functional performance. This may include how the child’s disability affects his/her performance in the general education classroom, or how a child may be unable to participate in certain activities. After identifying the child’s problems in the general education curriculum, goals can be put into place. These goals include both academic and functional goals that are designed to allow the child to progress in the general education curriculum. There must also be assessment information in the IEP. This information includes

    Read More

More about Suspension And IEA Essay

Open Document