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Students With Disabilities: How to Legally Discipline

Gain a better understanding of practical concepts and legal issues surrounding student discipline.

Disabled students who are classified under IDEA or Section 504 of the Rehabilitation Act are frequently the subject of student disciplinary proceedings in public school districts. It is imperative that public school district officers and employees understand the obligations imposed by these statutes and how to fulfill these obligations. This topic will help the person responsible for overseeing and/or training individuals relative to the discipline of disabled students understand the obligations imposed by IDEA and Section 504 concerning the discipline of disabled students and how to fulfill those obligations. It will also provide an opportunity for discussion of common problems in this regard and practical solutions. The school district's failure to adhere to the requirements of IDEA and Section 504 concerning student discipline is a common pitfall for school districts and such a failure can result in significant problems for school districts, including potential liability for attorney's fees, adverse decisions from administrative hearing officers, potential administrative enforcement action, and, in some cases, liability for money damages.

Runtime: 59 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview of IDEA and Section 504 and Their Requirements

  • Who Is Disabled?
  • The IEP and 504 Education Plans and Their Relevance to Student Discipline
  • The Functional Behavioral Assessment and Behavior Improvement Plans

An Overview of Due Process Considerations and the Disabled Child

  • The Concept of Due Process
  • What Particular Due Process Considerations Apply to the Disabled Student?

IDEA and Student Discipline

  • What Is a Manifestation Review?
  • How Does the Manifestation Review Process Work?
  • How to Handle Student Conduct When a Manifestation Is Identified
  • How to Handle Student Misconduct When There Is No Manifestation
  • What Are the Potential Penalties for Applying Student Discipline in Violation of IDEA?

Interim Alternative Educational Placement

  • What Is It?
  • When Can It Be Utilized?
  • What Are the Parent's Rights When an Interim Alternative Placement Is Invoked?
  • The Expedited Hearing Process Relative to the Interim Alternative Placement
  • What Are the Potential Ramifications for Incorrectly Using an Interim Alternative Placement?

Section 504 and Student Discipline

  • What Is the Manifestation Review Process Required by Section 504?
  • What Is the Composition of the Manifestation Review Team Under Section 504?
  • Discretion Provided to School Districts by Section 504
  • What Are the Ramifications for Disciplining a Student in Violation of Section 504?

Recent Developments in Case Law

Questions Regarding Student Discipline and Disabled Students

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on February 22, 2018.

Call 1-866-352-9540 for further credit information.

  • TX SCHOOL
     
  • Lorman Business Center, LLC. is a registered CPE provider with the Texas Education Agency.
     
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

James P. Evans

James P. Evans

Barclay Damon, LLP

  • Partner with Barclay Damon, LLP
  • More than 25 years’ experience representing educational institutions, including K-12 and post-secondary institutions, in all facets of education law
  • Represents numerous educational institutions, including private schools, charter schools and public school districts concerning all facets of education law, including student privacy
  • Advises not-for-profit corporations regarding compliance issues and matters pertaining to education rights
  • Has obtained significant experience representing parents, students and educational institutions regarding all facets of education law, including federal and state law compliance
  • Adjunct professor of education at Le Moyne College, where he has constructed and taught a master's level course in education law for school administrators over the past nine years
  • Frequent speaker and lecturer regarding school law education law and related matters
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401127
Published 2018
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