Discipline in Special Education

Allan G. Osborne - Snug Harbor Community School (Retired), Quincy, Massachusetts
Charles Russo - University of Dayton, USA
Discipline in Special Education
May 2009 | 192 pages | Corwin
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ISBN: 9781452272337
Available from January 0001
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ISBN: 9781412955119
Available from January 0001

Description

"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.

Contents

Preface

Preface

Acknowledgments

Acknowledgments

About the Authors

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 A: Provisions of the IDEA Relevant to Discipline

Resource B: IDEA Regulations Relevant to Discipline

Resource B: IDEA Regulations Relevant to Discipline

Resource C: Honig v. Doe

Resource C: Honig v. Doe

Resource D: Useful Education Law Web Sites

Resource D: Useful Education Law Web Sites

Resource E: Glossary of Terms, Acronyms, and Abbreviations

Resource E: Glossary of Terms, Acronyms, and Abbreviations

Index

Index

Additional materials

Description

"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.

Contents

Preface

Preface

Acknowledgments

Acknowledgments

About the Authors

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 A: Provisions of the IDEA Relevant to Discipline

Resource B: IDEA Regulations Relevant to Discipline

Resource B: IDEA Regulations Relevant to Discipline

Resource C: Honig v. Doe

Resource C: Honig v. Doe

Resource D: Useful Education Law Web Sites

Resource D: Useful Education Law Web Sites

Resource E: Glossary of Terms, Acronyms, and Abbreviations

Resource E: Glossary of Terms, Acronyms, and Abbreviations

Index

Index

Additional materials

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Discipline in Special Education


May 2009 | 192 pages | Corwin

Format Published Date ISBN Price
Paperback 28/04/2023 9781412955119 $39.95
Lifetime 28/04/2023 9781452272337 $36.00

"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.


Table Of Contents:

  • 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

Recent Product Reviews:

"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
"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

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