Discipline

Amanda StoneEDUC 510Instructional Adaptation for Student Diversity

To discipline thus means to instruct a person to follow a particular code of conduct "order."

The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible children with disabilities.

IDEA was signed into law on December 3, 2004 by President George W. Bush.

The provisions of the act became effective on July 1, 2005 with the exception of some elements pertaining to the definition of a “highly qualified teacher.”

Final regulations were published on August 14, 2006.

IDEA Individuals with Disabilities Education Act

Regulations of IDEA

Add a new authority for school personnel to consider unique circumstances.

Expand removal authority for special circumstances related to serious bodily injury.

Retain previous authority for immediate short-term removals.

Retain authority for long-term removals for behavior that is not a manifestation of the disability.

Clarify when service4es are required during disciplinary removals, the provision of such services and who makes the determination regarding services and interim alternative educational settings.

Regulations of IDEA

Specify when the LEA must give notice.

Establish a new standard for manifestation determinations.

Add a new provision when there is a determination that the behavior was a manifestation of the disability.

Retain a definition of a change of placement and clarify that the public agency makes a case-by-case determination of whether a specific pattern of removals meet the definition.

Retain and revise the standard for a public agency’s basis of knowledge for children not determined eligible for special education and relates services.

Regulations of IDEA

Establish exceptions to the public agency’s basis of knowledge for ineligibility, or refusal of consent to evaluation or services.

Retain hearing rights related to disciplinary removals.

Establish the authority of the hearing officer.

Establish procedures for an expedited hearing.

Address the child’s placement pending a disciplinary hearing decision.

Key Terms

Change of Placement – occurs if a child with a disability is removed form his/her current educational placement for more than 10 consecutive school days, or the child is subjected to a series of removals that constitutes a pattern because:

the removals total more the 10 school daysthe child’s behavior is similar to previous incidents that resulted in

the series of removalsadditional factors such as the length of each removal, the total

amount of time the child has been removed, and the proximity of the removals to one another constitute a pattern.Current Placement – placement from which the student was removed for disciplinary reasonsManifestation determination – determination made by teamSpecial Circumstances – weapon, drugs, bodily injurySerious bodily injury – risk of death

What Can I do?

Students with disabilities can be disciplined. Behavior norms can be part of the goals set in the IEP. The law does not state for students with disabilities to be treated differently from other students, unless the proposed discipline constitutes a change of program of change of placement. Schools may consider each situation on a case-by case basis when determining if a change of placement is appropriate for special education child who violates school education code.

In school procedures:• Same in-school disciplinary procedures (time-out, detention, study carrels)• Behavior goals and disciplinary actions should not be incorporated in the Section 504 accommodation plan of the IEP (if the student also qualifies for special education). If the student is not making progress on those behavioral goals, then the teacher has the right to ask for a review of the student’s program or placement.• Do not suspend students for behavior due to their disability. There is a fine line.

In-school Procedures

Change of Program/Placement

Short-Term/Long-Term

Suspension

Resources

http://www.ada.gov/cguide.htmhttp://idea.ed.gov/ http://www.ldaal.org/Graphic.aspx?url=/pages/Linkshttp://www.nectac.org/idea/idea.asphttp://www.dredf.org/idea/index.shtmlhttp://wrightslaw.com/idea/index.htmhttp://specialchildren.about.com/od/behavioranddiscipline/Behavior_and_Discipline.htmhttp://www.brighthub.com/education/special/articles/13868.aspxhttp://www.help4adhd.org/education/rights/idea