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School Discipline (updated March 2003)

Do you have information on school discipline of students who have disabilities. If possible, please include information on suspension and expulsion policies.

Many issues must be considered when disciplining or suspending students with disabilities so that the student's right to a free and appropriate education is not violated. A positive school environment can prevent many discipline problems through the use of early intervention, improved classroom management, low-level classroom interventions, and the use of behavior specialists. The Individuals with Disabilities Education Act (IDEA) includes several amendments addressing disciplining students with disabilities. If a student with a disability is suspended for more than ten days within a school year, the IEP team must meet and determine the appropriate next steps. A functional behavioral analysis must be completed and an individual behavior management plan developed, or modified if one is already in place. In addition a manifestation hearing must be held to determine whether the behavior is a manifestation of the disability. If it is not a manifestation of a disability, the same disciplinary procedures applicable to children without disabilities may be applied, except that appropriate educational services must be provided. If it is a manifestation of the disability, suspensions of more than ten days will be considered a change in placement. Students carrying a weapon to school or possessing or using an illegal substance, may be placed in an appropriate interim alternative educational setting (IAES) for up to 45 days. (http://www.ideapractices.org/)

Following are links to related Internet resources and Internet discussion groups, as well as selected citations from the ERIC database and the search terms we used to find the citations.


You can search the ERIC database yourself on the Internet through either of the following web sites:

ERIC Citations

The full text of citations beginning with an ED number (for example, EDxxxxxx) is available:

  • In microfiche collections worldwide; to find your nearest ERIC Resource Collection, point your web browser to: http://ericae.net/derc.htm.
  • For a fee through the ERIC Document Reproduction Service (EDRS): http://edrs.com, service@edrs.com, or 1.800.443.ERIC. (no longer available)

The full text of citations beginning with an EJ number (for example, EJxxxxxx) is available for a fee from:

ERIC Search Terms Used

discipline

AND

Individuals with Disabilities Education Act Amend

The following document is not available from the ERIC Document Reproduction Service and must be purchased from Policy Information Clearinghouse, National Association of State Boards of Education, 1012 Cameron St., Alexandria, VA 22314.

Special Education Discipline. Policy Update, Volume 3 Number 7.
Apr 95; 2+ pages
Available from Policy Information Clearinghouse, National Association of State Boards of Education, 1012 Cameron St., Alexandria, VA 22314.
Publication Type: 022; 120
Discipline polices for students with disabilities have become a major area of debate among policymakers, advocates, and educators, as efforts to remove "bad kids" from schools are seemingly thwarted by federal legislation requiring districts to provide educational services to students. This policy analysis outlines expulsion and suspension procedures required by the Individuals with Disabilities Education Act as interpreted by court litigation. It then discusses several issues to consider, including: (1) the extent of violence in schools and who is responsible for the acts of violence need clarification; (2) children should not be discriminated against based on their special education label; (3) policies addressing student evaluation for special education services should highlight the need to accurately describe students' behavior as well as their academic achievement; (4) students with disabilities are more likely to be the victims of violence than perpetrators; and (5) no research exists showing that "zero-tolerance" policies improve school order and safety.
Descriptors: Disabilities; Court Litigation; Federal Legislation; Discipline Policy; Elementary Secondary Education; Behavior Standards; Discipline; School Policy; Student Rights; Suspension; Expulsion
Identifiers: Individuals with Disabilities Education Act

ED408737
Schools, Discipline, and Students with Disabilities: The AFT Responds.
Bader, Beth D.
American Federation of Teachers, Washington, DC.(FGK01812)
1997; 21p.
Paper presented at the Annual Convention of the Council for Exception Children,
(75th, Salt Lake City, UT, April 9-13, 1997).
EDRS Price MF01/PC01 Plus Postage.
Language: English
Document Type: Opinion papers (120); Speeches/meeting papers (150)
Geographic Source: U.S.; District of Columbia
Journal Announcement: RIENOV1997
This position paper of the American Federation of Teachers (AFT) addresses issues related to the discipline of students with severe behavior disorders or other disabilities. It specifically considers: (1) placement of disruptive and/or dangerous students; (2) cost issues of alternatives to suspension and expulsion; (3) legal parameters under the Individuals with Disabilities Education Act; (4) staff issues (teachers have a right not to be verbally or physically assaulted by students); and (5) minority issues (since minority students have been disproportionately represented among suspended and expelled students). The paper encourages a focus on prevention and early intervention through use of discipline codes, improved classroom management, low-level classroom interventions, and behavior specialists. It also recommends a continuum of alternative placements including in-school crisis centers, in-school suspension, and longer-term alternative settings. The paper reaffirms AFT's position favoring alternative schools. Attached is a resolution on the issue of alternative schools passed by the AFT at its 1996 Convention; an outline of prevention and intervention strategies; and guidance on the law surrounding the discipline of students with disabilities.
Descriptors: Behavior Disorders; *Compliance (Legal); *Disabilities; *Discipline; Educational Legislation; Elementary Secondary Education; Expulsion; Nontraditional Education; School Attendance Legislation; *Student Placement; Suspension; Violence
Identifiers: *American Federation of Teachers; Individuals with Disabilities Education Act

ED458774 EC308727
Dealing with Behaviors Perceived as Unacceptable in Schools: The Interim Alternative Educational Setting Solution. Fourth CCBD Mini-Library Series: Addressing the Diverse Needs of Children and Youth with Emotional/Behavioral Disorders--Programs That Work.
Peterson, Reece L.; Smith, Carl R.
2002; 40p.
Document Type: Guides--Non-classroom (055); Information Analyses (070)
Available from: Council for Exceptional Children, 1110 North Glebe Rd., Arlington, VA 22201-5704 (members $8, nonmembers $11.40). Tel: 888-232-7733 (Toll Free); e-mail: service@cec.sped.org; Web site: http://www.cec.sped.org.
EDRS Price MF01 Plus Postage. PC Not Available from EDRS.
ISBN-0-86586-387-3
Language: English
Geographic Source: U.S.; Virginia
Journal Announcement: RIEAPR2002
This examination of the interim alternative educational setting for the school discipline of students with disabilities focuses on the legal requirements and their application under the Individuals with Disabilities Education Act as amended in 1997. Following an introductory background chapter, the concept of interim alternative educational setting is defined and put in the context of IDEA and prior court cases. The next chapter considers assignment decisions and criteria for placement in the alternative setting including: who decides when to use an interim alternative setting; who determines the nature of such a setting; how long a student may be in an interim setting; criteria for an interim alternative educational setting; relationship to other programs for students who are suspended or expelled; connections to existing alternative schools or programs; other options for creating interim alternative educational settings; and changes in placement. The final section addresses such additional issues as the development of case law on interim settings, the lack of research on interim settings, research on alternative settings generally, and the funding of interim alternative settings.
Descriptors: *Behavior Problems; *Compliance (Legal); Decision Making; Definitions; *Disabilities; *Discipline; Educational Legislation; Elementary Secondary Education; Expulsion; Nontraditional Education; *Student Placement; Suspension
Identifiers: *Individuals with Disabilities Educ Act Amend 1997; *Interim Alternative Educational Settings

ED434449 EC307447
Definitions and Essential Elements: Student Discipline Provisions of the
Individuals with Disabilities Education Act of 1997.
Clark, Jim; Knau, Suana Wessendorf
1998; 17p.
Publication Type: 090
EDRS Price MF01/PC01 Plus Postage.
Language: English
Geographic Source: U.S.; Iowa
ERIC Issue: RIEMAR2000
This paper identifies essential elements and definitions (under the 1997 Individuals with Disabilities Education Act Amendments) concerning procedural safeguard requirements when the behavior of a student requiring special education services prompts disciplinary action. These procedural safeguards include the requirement that Individualized Education Program (IEP) teams conduct functional behavioral assessments and develop behavioral intervention plans for students in certain disciplinary circumstances. In addition, IEP teams must conduct "manifestation determinations" and design interim alternative educational settings for such students. Individual sections of the paper summarize elements and definitions (including references to specific sections of the law) concerning the following areas: (1) elements of functional behavioral assessment; (2) elements of behavioral intervention plans; (3) elements of an alternative educational setting; and (4) elements of manifestation determination.
Descriptors: Behavior Problems; *Compliance (Legal); *Definitions; *Disabilities; *Discipline; *Due Process; Educational Legislation; Elementary Secondary Education; Federal Legislation; Individualized Education Programs; Intervention; Student Evaluation; Student Rights
Identifiers: Amendments; *Functional Behavioral Assessment; Individuals with Disabilities Educ Act Amend 1997

EJ577303 EC620223
Disciplining Students with Disabilities: Issues and Considerations for Implementing IDEA 97.
Katsiyannis, Antonis; Maag, John W.
1998
Publication Type: 070; 080
ISSN-0198-7429
Language: English
ERIC Issue: CIJAUG1999
Behavioral Disorders; v23 n4 p276-89 Aug 1998
Discusses issues related to implementing the new discipline provisions in the Individuals with Disabilities Education Act Amendments of 1997. Litigation that led to the new provisions is described, along with issues relating to conducting functional assessments, making a manifestation determination, generating interim placements, and cessation of services.
Descriptors: Behavior Problems; *Disabilities; Discipline Policy; Elementary Secondary Education; Expulsion; *Federal Legislation; *Student Evaluation; *Student Placement; *Student Rights; Suspension
Identifiers: *Functional Assessment; *Individuals with Disabilities Educ Act Amend 1997

ED458747 EC308693
Interim Alternative Educational Settings for Children with Disabilities.
Bear, George G.; Quinn, Mary Magee; Burkholder, Susan
2001; 60p.
Document Type: Guides--Non-classroom (055)
Available from: NASP ASPIIRE Project, 4340 East West Highway, Suite 402, Bethesda, MD 20814. Tel: 301-657-0270; Fax: 301-657-3127. For full text: http://www.ideapractices.org.
EDRS Price MF01/PC03 Plus Postage.
ISBN-0-932955-86-X
Contract No. EDD00017, Special Education Programs (ED/OSERS), Washington, DC.
Target Audience: Administrators; Practitioners; Teachers
Language: English
Geographic Source: U.S.; Maryland
ERIC Issue: RIEAPR2002
This manual is intended to guide school administrators, teachers, school psychologists, and others with the design and implementation of interim alternative education settings (IAES) in compliance with the Individuals with Disabilities Education Act (IDEA) as amended in 1997. Chapter 1 discusses how the IAES evolved as a means of balancing the right of all children to safe schools and the rights of children with disabilities to a free and appropriate public education. Chapter 2 reviews the legal provisions pertaining to IAES including removal from a student's current placement for disciplinary reasons, especially in cases involving weapons or drugs, and requirements concerning functional behavioral assessment and intervention. Chapter 3 proposes "best practices" for IAES based on the disciplines of general education, educational psychology, school psychology, and special education. A final section identifies future legal and educational challenges in the development and implementation of the IAES concept. A list of agency and organizational resources is attached. Two appendices present: (1) three case studies involving placements in IAES that exemplify the application of legal principles; and (2) the text of IDEA '97 regulations pertaining to IAES.
Descriptors: *Behavior Disorders; Case Studies; *Compliance (Legal); Decision Making; *Disabilities; Discipline; Educational Legislation; *Educational Practices; Elementary Secondary Education; Federal Legislation; School Safety; *Student Placement; Student Rights
Identifiers: *Individuals with Disabilities Educ Act Amend 1997

ED429741
Correlating Glasser's Choice Theory to the Behavioral Requirements of IDEA 97.
Mishler, James A.; Cherry, Scott
March 1999; 8p.
In: Rural Special Education for the New Millennium. Conference Proceedings of the American Council on Rural Special Education (ACRES) (19th, Albuquerque, New Mexico, March 25-27, 1999); see RC 021 888.
Available from: EDRS Price MF01/PC01 Plus Postage.
Language: English
Document Type: Information Analysis (070); Speeches/meeting papers (150)
Geographic Source: U.S.; Michigan
Journal Announcement: RIESEP1999
This paper connects the philosophical basis of Glasser's Choice Theory/Reality Therapy to the Functional Assessments of Behavior (FAB) required by the Individuals with Disabilities Education Act (IDEA). The 1997 reauthorization of IDEA states that before a school can place a student with emotional or behavioral difficulties into an alternative program for discipline reasons, it must conduct a FAB and implement a behavior intervention plan in an attempt to alleviate the behavioral issue. A FAB is also an integral part of a manifestation determination for severe problems related to weapons and drugs in the school setting. However, IDEA offers little guidance about how to conduct a FAB. Various working definitions suggest that a FAB should determine the function that the problem behavior serves for the student, describe the undesirable behavior and the circumstances of its occurrence and nonoccurrence, and define reinforcers that maintain the behavior. Glasser's choice theory, also known as control theory, posits that humans have five basic needs and that all behavior is undertaken to meet or satisfy these needs. Five elements of a FAB (need for philosophical orientation, description of child's behavior, precipitating factors, hypothesis for explanation, and identifying variables for change) are correlated with five elements of choice theory (choice theory itself, total behavior system, external environment, identifying the unmet need, and developing a plan).
Descriptors: *Behavior Disorders; *Behavior Theories; Elementary Secondary Education; Models; Reality Therapy; Special Education
Identifiers: *Behavioral Assessment; Control Theory; *Functional Assessment; Glasser (William); Individuals with Disabilities Education Act

ED419285
Disciplinary Options for Students with Disabilities. Monograph No. 60.
Osborne, Allan G., Jr.
1997; 76p.
ISBN: 1-56634-096-5
Available from: Education Law Association, 300 College Park, Dayton, OH 45469-2280 ($20).
EDRS Price MF01 Plus Postage. PC Not Available from EDRS.
Language: English
Document Type: Guides--Non-classroom (055)
Geographic Source: U.S.; Ohio
Journal Announcement: RIEOCT1998
The rights and privileges granted by the Constitution were affirmed for special-needs students through passage of the Individuals with Disabilities Education Act (IDEA). However, difficulties can arise when the duty of the school administrator to maintain order, discipline, and a safe environment clashes with special education students' rights to receive a free appropriate public education in the least restrictive environment. Guidelines that school officials can follow when handling out discipline for students with disabilities are provided here. The text offers a point-by-point analysis of discipline policy. It outlines general disciplinary provisions and their effect on special education. The monograph also provides a detailed overview of when it is appropriate to suspend or expel special education students, including a look at manifestation doctrine, providing service during an expulsion, and injunctions to allow school districts to exclude dangerous students. Suspensions are discussed, as well as other disciplinary sanctions available to administrators, such as corporal punishment, alternative placement, and detention. Other issues that are addressed include individualized discipline programs and guns, alcohol, and drugs. Seven appendices offer further information on incident reports, records of disciplinary action, sample individualized disciplinary policy, and other materials.
Descriptors: Compliance (Legal); *Disabilities; *Discipline Policy; Elementary Secondary Education; Legal Responsibility; School Administration; *School Policy; *Special Education
Identifiers: Individuals with Disabilities Education Act

EJ555510
Education and the Law.
Yell, Mitchell L.
Preventing School Failure, v41 n4 p185-87 Sum 1997
ISSN: 1045-988X
Language: English
Document Type: Information Analysis (070); Journal articles (080)
Journal Announcement: CIJMAY1998
Reviews the 1997 amendments to the Individuals with Disabilities Education Act in the context of the law's history. Focused on are changes in Individualized Education Program requirements, mediation as a conflict resolution option, discipline of students in special education, and the required review of the relationship between a student's disability and misconduct (manifestation determination).
Descriptors: Behavior Problems; *Conflict Resolution; *Disabilities; Discipline; *Due Process; *Educational Legislation; Elementary Secondary Education; *Federal Legislation; *Individualized Education Programs; Student Rights
Identifiers: *Individuals with Disabilities Education Act; Mediation; Reauthorization Legislation

ED455650 EC308538
Prevention Research & the IDEA Discipline Provisions: A Guide for School Administrators.
2001; 9p.
Document Type: Guides--Non-classroom (055); Legislative or R egulatory Materials (090)
EDRS Price MF01/PC01 Plus Postage
Special Education Programs (ED/OSERS), Washington, DC.
Target Audience: Administrators; Practitioners
Language: English
Geographic Source: U.S.; District of Columbia
ERIC Issue: RIEJAN2002
This guide from the Office of Special Education and Rehabilitative Services in the U.S. Department of Education is designed to assist school administrators in understanding the challenges faced in creating safe, effective learning environments, whole school practices that have dramatically increased effective learning environments, and under what circumstances a child with a disability may be removed from his or her school for disciplinary reasons. It begins by addressing the incidence of behavior problems in schools and the use of ineffective strategies, and then discusses how negative behavior impacts the school environment and how schools can use schoolwide responses to successfully provide behavior support to all students. A brief summary is provided of positive behavioral intervention and supports and data discussing problem behavior prevention is cited. The guide then explains legal requirements under the Individuals with Disabilities Education Act Amendments of 1997 that allow school personnel to remove a student with a disability for 10 consecutive school days for violations of the school code of conduct, and allows a change of placement of a child with a disability to an appropriate interim alternative educational setting for up to 45 days for special circumstances. A list of additional resources is provided. (CR)
Descriptors: *Disabilities; *Discipline; Discipline Policy; Educational Legislation; Elementary Secondary Education;*Federal Legislation; *Prevention; Illegal Drug Use; School Safety; *Student Placement; *Suspension; Weapons
Identifiers: *Individuals with Disabilities Educ Act Amend 1997

EJ562669
Behavior and Discipline: Sections 613 and 615.
TEACHING Exceptional Children, v30 n4 p32-34 Mar-Apr 1998
1998
Special Section: Discipline: Behavior-Intervention.
ISSN: 0040-0599
Language: English
Document Type: Journal articles (080); Reports--Descriptive (141)
Journal Announcement: CIJOCT1998
A question-and-answer format is used to summarize requirements concerning suspension and expulsion of students with disabilities under the Individuals with Disabilities Education Act Amendments of 1997. Questions address definitions, due process rights, suspension and expulsion as a "change of placement," the Interim Alternative Educational Setting, parental consent, and law enforcement involvement.
Descriptors: Behavior Disorders; *Compliance (Legal); Definitions; *Disabilities; *Discipline; Due Process; Educational Legislation; Elementary Secondary Education; *Expulsion; Federal Legislation; Law Enforcement; Legal Responsibility; Parent Role; *Special Education; Student Placement; *Suspension
Identifiers: *Individuals with Disabilities Education Act Amend
 

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