Special Education And Student Discipline Lawyers

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Most Common Government Law Issues:

Are the Rules for Student Discipline Different for Disabled Students?

In cases of minor disciplinary measures, such as time-outs, detentions, and short-term (less than 10 days) suspensions, students with disabilities generally are treated the same as any other student. However, in cases of long-term suspension or expulsion, disabled students are offered more protection.

How Are Students in Special Education Treated Differently in Expulsion Cases?

Students with special education are offered greater protection under the Individuals With Disabilities Education Act (IDEA) in order to keep them in school. Some of the protective measures provided by IDEA are:

Are There Any Exceptions to This Protection?

Yes, there are three cases in which the school can impose a change in placement (long-term suspension or expulsion) without a parent's consent:

What If a Disabled Student Is Not in Special Education?

A student who has not yet been found eligible for special education may be eligible for special protection if the school had knowledge of the student's disability before the incident took place.

Should I Contact a Lawyer?

If you have questions about how disciplinary procedures apply to students with disabilities, you may want to contact a government attorney. A lawyer will be able to explain you or your child's rights under IDEA, and guide you through any administrative procedures that may be necessary to protect the rights of you or your child.

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Last Modified: 02-25-2015 03:26 PM PST

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