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Click on the questions below to learn more about IDEA's discipline requirements.
Still didn't find your Answer? Post a question in the comments and I'll try to add it (and an answer) into the FAQ.
8 comments:
Anonymous
said...
Does IDEA have any guidelines,rules, or discipline actions or structures surrounding bullying or the safety of students with disabilities while in the school setting?
Neither IDEA's statutory provisions or the federal regulations address bullying or safety of students with disabilities explicitly. Nevertheless, there have been cases holding that an environment in which a student experiences bullying is not "appropriate" and schools can be liable if they are found to have been deliberately indifferent to the bullying of a student with a disability. In other words, just because IDEA doesn't specifically include such provisions doesn't mean that schools do not have a legal responsibility to prevent and address bullying and otherwise ensure the safety of students with disabilities.
I am rounding up some case law to add to the tool and will make sure I add this question and some answers in the FAQ when I do.
Sorry for the delay in answering. I wasn't sure how to respond. I'm afraid I am not familiar with the particular acronyms you use (CSI and PBS-CI). Different states use different terms and acronyms. If you could clarify the question, I will do my best to give you a better answer.
The tool currently only includes the federal requirements. Federal requirements apply in all states and states may add on (but not subtract) from the Federal laws. The tool doesn't currently incorporate court decisions or other authoritative interpretation of the law that can clarify issues not explicitly clear from the statute or regulations alone.
8 comments:
Does IDEA have any guidelines,rules, or discipline actions or structures surrounding bullying or the safety of students with disabilities while in the school setting?
Neither IDEA's statutory provisions or the federal regulations address bullying or safety of students with disabilities explicitly. Nevertheless, there have been cases holding that an environment in which a student experiences bullying is not "appropriate" and schools can be liable if they are found to have been deliberately indifferent to the bullying of a student with a disability. In other words, just because IDEA doesn't specifically include such provisions doesn't mean that schools do not have a legal responsibility to prevent and address bullying and otherwise ensure the safety of students with disabilities.
I am rounding up some case law to add to the tool and will make sure I add this question and some answers in the FAQ when I do.
Thanks for the question!
Can the behavior plan CSI be modified from PBS-CI to meet the needs of a student?
Sorry for the delay in answering. I wasn't sure how to respond. I'm afraid I am not familiar with the particular acronyms you use (CSI and PBS-CI). Different states use different terms and acronyms. If you could clarify the question, I will do my best to give you a better answer.
What constitutes a pattern?
if an MDR is written and student is suspended 8days afterwards, what does that mean- its under 10 days rule.
What should happen when a student with Asperger's/autism is upset by his usual triggers and makes a threat?
What does the law specifically say about FBAs and BIPs?
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