Discussionquestion: Three aspects of due suspension process for a student withdisabilities
Threeaspects of due suspension process for a student with disabilities
The“Individuals with Disabilities Education Act (IDEA),” providesprotection for children with disabilities from inappropriate schooldisciplinary methods[ CITATION Ler15 l 1033 ].The IDEA provides that students with disabilities be subjected todisciplinary actions just as other non-disabled students, but with afew exemptions[ CITATION Rus11 l 1033 ].The ACT reiterates on the significance of positive behavioralintercessions and support. However, disciplinary measures fordisabled children should be addressed through the IndividualizedEducation Programs (IEP) process. The IDEA grants students withdisabilities,“the right to a Free Appropriate Public Education (FAPE) andeducational services, even after suspension and expulsion”[ CITATION Rus11 l 1033 ].
Failureof the traditional disciplinary actions such as study carrels,detention or counseling, the school may provide a ten-day suspensionso as to seek parental approval for an alternative placement[ CITATION Col13 l 1033 ].Advance consent from the parents is provided in the IEP in the caseof potentially dangerous special education. The program director isobligated to monitor the number of suspension days provided,including the number of days for students with a valid IEP programduring the year[ CITATION Los15 l 1033 ].
Studentswith a ten-day school suspension shall continue to receive servicesduring the suspension term. The law stipulates that students withdisabilities have the right to alternative services at no extra costsfrom either the parent of guardian[ CITATION Ler15 l 1033 ].
Aspecial needs student may be placed in suitable interim alternativeeducation framework like the home placement, for a period notexceeding forty days when he or she carries a weapon or an item thatcould cause harm to others in school or involved in illegal drugactivities in the school[ CITATION Los15 l 1033 ].However, the alternative student’s educational framework shall beguided by the IEP.
Colker, R. (2013). Disabled Education: A Critical Analysis of the Individuals with Disabilities Education Act. New York: NYU Press.
Lerner, J. W., & Johns, B. (2015). Learning Disabilities and Related Disabilities: Strategies for Success. Stamford: Cengage Learning.
Losen, D. J. (2015). Closing the School Discipline Gap: Equitable Remedies for Excessive Exclusion. New York: Teachers College Press.
Russo, C. J. (2011). The Legal Rights of Students with Disabilities: International Perspectives. Maryland: Rowman & Littlefield Publishers.