The Special Ed Advocate Newsletter
March 2, 2005

Issue - 300
ISSN: 1538-3202

In this Issue

Behavior & School Discipline

Can School Expel My Child with ADHD & LD?

Behavior Problems & Interventions: What Parents & Teachers Need to Know

Behavior Problems & Discipline: What Administrators Need to Know

Wrightslaw Programs in NY, IN, MO, AZ

Suspensions, Expulsions & IEPs

Caselaw: Discipline

Free Pubs: Behavior Problems & Intervention Plans

Subscription & Contact Info

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At Wrightslaw, our goals are to help you gain the information and skills you need navigate the confusing, challenging world of special education.

Highlights: Behavior & discipline; can school expel child with LD & ADD; behavior problems & interventions - what parents & educators need to know; behavior problems & discipline - what administrators need to know; Wrightslaw programs in NY, IN, MO & AZ; suspensions, expulsions & IEPs; discipline caselaw; free pubs about behavior problems & intervention plans. Download this newsletter.

Quote of the Week:

Wrightslaw is ranked #1 in education law, special education law, and special education advocacy. (2004 Alexa rankings)

1. Behavior & School Discipline

Discipline is a hot topic. When the federal special education law was passed in 1975, Congress found that most handicapped children were not receiving an appropriate education - and that millions of children were excluded from school altogether.

Thirty years later, schools continue to suspend and expel students with disabilities for behavior caused by their disabilities. If you are advocating for a child with behavior problems, these articles and resources will help.

2. Question of the Week: Can the School Expel My Child with ADHD & LD?

"Our son has ADHD and learning disabilities. He is almost 16 and is still in the 8th grade. The school has suspended him several times already this year. We just received a letter from the school saying they plan to expel him."

"What did he do? He didn't ít fight or sell drugs. He went home after school with a friend in a car without getting permission first."

"We have always supported the school but this isn't right. He is so far behind and feels so hopeless about school - if they expel him, I'm sure he will drop out. Can they do this? What should we do?"

Read our advice to this parent in Can the School Expel My Child with ADHD & LD?

Read more Frequently Asked Questions on dozens of topics.

3. Behavior Problems, Assessments & Positive Interventions - What Parents & Teachers Need to Know

Is the child a problem? Does the child have a problem? Is suspension from school "good medicine for bad behavior?" In Functional Behavioral Assessment & Positive Interventions: What Parents Need to Know, Dixie Jordan describes strategies parents and teachers can use to assess problem behavior and teach appropriate behavior skills.

Functional Behavioral Assessments: What? Why? When? Where? Who? Dr. Stephen Starin describes problem behaviors, functional behavior assessments, environmental manipulation, and qualifications and training of evaluators. 

Learn more about behavior problems, behavior assessments & interventions.

4. Behavior Problems & Discipline: What School Administrators Need to Know

If you are dealing with an administrator who insists that s/he can expel a disabled child, these resources will help you make a case that expulsion is not appropriate -- or legal.

Frequently Asked Questions: Discipline, the U. S. Dept of Education clarifies rules for disciplining children with disabilities; describes appropriate behavioral interventions and functional behavior assessments; clarifies 10-day and 45-day removals; weapons and illegal drugs.

Prevention Research & IDEA Discipline Provisions: A Guide for School Administrators, the U. S. Department of Education describes research-validated practices that use positive behavioral intervention and supports; outcomes include reduced discipline referrals and improved academic performance; includes IDEA legal requirements re: discipline.

Defusing Violent Behavior in Young Children: An Ounce of Prevention - Information for School Principals
- Strategies to use in dealing with aggressive and violent behavior; how to teach behavior skills; prevention & problem solving. (National Association of School Psychologists)

Learn more about behavior problems, behavior assessments & interventions.
5. Coming Soon! Wrightslaw Programs in NY, Indiana, Missouri, Arizona

Wrightslaw Special Education Law and Advocacy Training Programs focus on four areas: special education laws, rights & responsibilities; how to use the bell curve to measure educational progress & regression; SMART IEPs; and advocacy tactics & strategies.

Long Island, NY: March 4-5, 2005 (Mini Boot Camp)

Fort Wayne, IN: March 25, 2005 (Advocacy Training) Attorney Wayne Steedman and advocate Pat Howey present a full-day Wrightslaw training program.

Kansas City, MO: March 29, 2005 (Advocacy Training) - NEW

Glendale, AZ: April 1-2, 2005 (Boot Camp)

All participants will receive two books, Wrightslaw: Special Education Law and Wrightslaw: From Emotions to Advocacy, (Value: $59.90), and the new publication, The Individuals with Disabilities Education Improvement Act of 2004: Overview, Explanation and Comparison of IDEA 2004 & IDEA 97 by Peter Wright.

If you are interested in bringing a Wrightslaw program to your community, please read FAQs about Seminars.

6. Discipline: Suspensions, Expulsions & IEPs

A child with a language impairment who receives special education is suspended. The school threatens to expel her. In Discipline: Suspension, Expulsions and IEPs, parent attorney Bob Crabtree describes the school's responsibilities including the provision of FAPE, alternative educational placements, functional behavioral assessments and behavior intervention plans.

In Behavior Problems - What Is the School Obligated To Do? Pete Wright answers questions from school personnel about their obligations to "students who may be dangerous to us".

In Disciplining Students with Disabilities, Kevin Dwyer, former president of the National Association of School Psychologists, provides practical advice about increasing positive behaviors and decreasing negative behaviors.

7. Caselaw: Behavior & Discipline

Honig v. Doe - In 1988, the U. S. Supreme Court issued a strong decision on behalf of children with disabilities who were being suspended and expelled from school in Honig v. Doe, 484 U. S. 305 (1988). If you are dealing with suspension and expulsion issues, you need to read this case.

Community Consolidated Sch. Dist. #93 v. John F. (IL) Well-written decision in discipline case that includes procedural violations, prior written notice requirements, manifestation determination review, suspensions for more than 10 days, expedited hearings, special education and related services under IDEA, "passing grades" are not evidence of FAPE, homebound instruction violated LRE, more. Decision in pdf

More Special Education Caselaw

8. Free Pubs: Behavior Problems, Behavior Assessments, Intervention Plans

An IEP Team's Introduction to Functional Behavioral Assessment and Behavior Intervention Plans (Center for Effective Collaboration and Practice) If your child has behavior problems, this publication will help. Describes need to identify the underlying causes of child's behavior (what the child "gets" or "avoids" through the behavior); that the IEP team is responsible for developing proactive instructional strategies, including positive behavioral interventions and supports, to address behaviors that interfere with learning. Download  A PDF version is also available

Behavioral Interventions: Creating a Safe Environment in Our Schools (National Mental Health and Education Center) Includes articles about school discipline, behavior management, managing disruptive behavior, defusing disruptions, violence prevention programs, bullying fact sheet, disciplining students with disabilities. (28 pages, pdf)

More Free Pubs

One obstacle in advocating for a child is finding time to do research. We collect information so you can spend your time learning, not searching.

When you visit our Free Pubs page, you can download free publications about dozens of topics - IEPs, special education, autism, transition, reading, children's mental health, harassment, high-stakes testing, retention and social promotion, zero tolerance, discipline, and more.

9. Subscription & Contact Info

The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, and tactics and strategies. Subscribers receive "alerts" about new cases, events, and special offers on Wrightslaw books.

Law Library Seminars & Training
Advocacy Yellow Pages for Kids
No Child Left Behind Free Newsletter
IDEA 2004 Newsletter Archives

Contact Info
Pete and Pam Wright
Wrightslaw & The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Website: https://www.wrightslaw.com
Email: newsletter@wrightslaw.com

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