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Discipline in Special Education
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Discipline in Special Education

Edited by:


May 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

Make appropriate disciplinary decisions without violating the rights of students with disabilities!

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 counselors, 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.

 
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

"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
Key features
Includes "Frequently Asked Questions" sections, a glossary of terms, acronyms, and abbreviations at the end of the book. Over time, terminology used to identify various disabilities has changed and this resource reflects language that is current in the field of special education. The authors have made the book even more practical by reducing legal language in the first two chapters and adding more "how to" material.

The appendices include applicable disciplinary provisions of the IDEA from the United State Code and the Code of Federal Regulations. Readers will also find an edited version of the United States Supreme Court's opinion in Honig v. Doe, the Court's first and, to date, only decision concerned with disciplining students with disabilities. A list of Web sites provides additional information on general school law.

Sample Materials & Chapters

Preface

Chapter 1


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ISBN: 9781412955119
$34.95

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