Legal Considerations for Disciplining Students With Disabilities

Document Type

Article

Publication Date

1-1-2024

Abstract

Students with disabilities are disproportionately disciplined compared to their peers, resulting in special education being the most litigated area within the field of education. For example, the U.S. Department of Education’s Office of Civil Rights reported that students with disabilities are more than twice as likely to receive out-of-school suspension than students without disabilities. Harsh disciplinary measures including suspension are problematic given that when these students are removed from school it makes it even more challenging for them to make progress toward the academic and behavioral goals established in their individualized education programs. In addition, extended suspensions may also be considered an informal change of placement and denial of services. In this chapter, we examine federal law and seminal litigation that provides students with disabilities specific educational rights and protections to help ensure they receive a free appropriate public education.

Publication Source (Journal or Book title)

The Special Educator’s Guide to Behavior Management

First Page

19

Last Page

31

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