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Discipline in Special Education

Discipline in Special Education

Edited by:

July 2009 | 192 pages | Corwin
'This practical, easy-to-follow guide is an informative and well-organized resource for busy administrators who are trying to run safe, orderly schools'

Lois F. Berlin, Superintendent

Falls Church City Public Schools, VA

'The authors present readable, practical guidelines detailing the full spectrum of discipline-related legal issues impacting students with special needs'—Kevin P. Brady, Assistant Professor

North Carolina State University

Leading experts Allan G. Osborne, Jr., and Charles J. Russo illustrate how existing legislation affects the rights of students with disabilities and provides educators with clear guidelines for taking suitable disciplinary actions under the reauthorization of IDEA 2004.

Ideal for school principals, assistant principals, guidance counsellors, school board members, and special education faculty, this resource includes frequently asked questions, a glossary of terms, acronyms, and abbreviations for easy reference. In language that is current and reader friendly, this book also:

- Analyzes case law, including Honig v. Doe, the primary court decision concerned with disciplining students with disabilities

- Offers a thorough overview of IDEA's many detailed disciplinary mandates and provides suggestions for implementing each of the mandates

- Clarifies the IDEA provisions that protect students to help ensure they are not being disciplined for actions that stem from their disabilities

Discipline in Special Education helps school personnel gain a solid foundation for making disciplinary decisions that are fair and legal.

About the Authors
1. Education and the American Legal System

Sources of Law

Court Systems

Legal Resources and References

Understanding Legal Citations



2. Discipline in the Public Schools

Student Rights and School Punishments

Due Process

The Fourth Amendment Rights of Students



3. Laws Affecting Discipline for Students With Disabilities

Statutes Relevant to Students With Disabilities

Early Case Law

Amendments to the IDEA



4. Removal of Students From General Educational Settings

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



5. Transfers to More Restrictive Settings

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



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



7. Conclusions and Recommendations for Practice

Required Due Process

Manifestation Determination

Emergency Removals



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

"While school officials are vested with the authority to ensure an orderly school environment, they must conform to a complex array of legal and regulatory mandates extending entitlements to special education students. Whether discussing parental notification, the manifestation determination, the requirements for free appropriate education in alternative placements, or emergency removal of a dangerous student, this book provides the educator with a concise guide that combines a proactive approach to problem solving with a pragmatic approach for best practice in special education."

Joseph Beckham, Allan Tucker Professor of Educational Leadership
Florida State University

"Osborne and Russo provide practitioners with a practical, easy-to-follow guide for best practice in response to disciplinary transgressions for special education students. Their book is informative, well organized, and a ready resource for busy administrators who are trying to run safe, orderly schools."

Lois F. Berlin, Superintendent
Falls Church City Public Schools, VA

"Disciplining students with disabilities is one of the more controversial and confusing aspects of special education law. Osborne and Russo's book provides readable, practical guidelines detailing the full spectrum of discipline-related legal issues impacting students with special needs. School leaders will benefit greatly from the authors' legal expertise and ability to deconstruct the myriad of legal topics into a comprehensible text."

Kevin P. Brady, Assistant Professor
North Carolina State University

"A compelling read. I found myself making notes in the margin to remind me to share excerpts with colleagues, both administrators and teachers. Discipline in special education can be a daunting issue for school administrators who are not familiar with the laws and regulations. This is a valuable overview of school law and how to apply it. One of the most useful books I have read as a building principal."

Laurie Emery, Principal
Old Vail Middle School, Vail, AZ

"Prepares administrators to help our most vulnerable children get the best education possible. A quick yet thorough resource for understanding and navigating the US legal system. This should be in every principal’s office."

Barb Keating, Principal
F.W. Howay Community School, New Westminster, BC, Canada

"Full of highly useful information that will particularly benefit school administrators. Educators out in the field have long needed a clear and concise explanation of this very complex area in special education."

Bill Morgan, Special Education Coordinator
Judson Independent School District, San Antonio, TX

Sample Materials & Chapters


Chapter 1

For instructors

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ISBN: 9781412955119