Behavior & Discipline
Can the School Expel My Child?

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April 28, 2009

ISSN: 1538-3202

Issue: 483
Subscribers: 69,798

In This Issue:

Behavior & Discipline Problems at School

IDEA 2004: Disciplining Children with Disabilities

Can the School Expel My Child with ADHD?

IEPs for Children with Behavior Problems

On the Blog!
Aggressive Child: Will Special Ed Help?


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Pete and Pam Wright
Wrightslaw & The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043


Copyright 2009, Peter W. D. Wright and Pamela Darr Wright. All rights reserved. Please do NOT reprint or host on your web site without explicit permission.

As the school year winds down, we are receiving many emails from parents and teachers about children who are being suspended, expelled and sent home from school for long periods of time.

If you advocate for a child with behavior problems, you need to learn about rights and responsibilities under the Individuals with Disabilities Act IDEA 2004.

In this issue of the Special Ed Advocate you will learn what the IDEA says about the requirements for meeting the needs of a child with behavior problems.

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Behavior & Discipline Problems at School

  • Does your child have behavior problems at school?
  • Does your child's behavior fall under the school's rules for misbehavior?
  • Is your child's behavior caused by his disability?
  • Does the behavior need to be addressed as an educational issue?

If you are a parent, teacher or administrator who is dealing with behavior problems or school discipline issues, you need to know about the right to a free appropriate public education, the role of the IEP team, functional behavior assessments, and behavior intervention plans.

Behavior and Discipline Problems: What Parents and Teachers Need to Know by Pam Wright and Sue Whitney.

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IDEA 2004: Disciplining Children with Disabilities

The law, federal regulations and commentary describe what IEP teams must do when a child's behavior "impedes the child's learning or the learning of other children."

Wrightslaw Special Education Law, 2nd EditionThe law about disciplining children with disabilities is in Section 1415(k) (Wrightslaw: Special Education Law, 2nd Edition, pages 118-123). If you have a child who is being disciplined or put out of school, you need to read this section. Use a highlighter and make notes.

In essence, the school "may remove a child who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension for not more than 10 school days."

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Can a School Suspend or Expel a Child with LD/ADHD

"Our son was diagnosed with ADHD at age 5. Recently, we learned that he also has serious learning disabilities. He is 16 and still in the 8th grade. The school knows about his diagnosis but never offered any help."

"Our son has been suspended several times this year - recently, he was suspended for 10 days. The school sent us a letter that they plan to expel him for the rest of the year."

Can the school expel a child with a disability if he has not yet been found eligible for special ed services?

Read our answer to this parent in Can the School Expel My Child?

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IEPs for Children with Behavior Problems

IEPs for Children with Behavior Problems

Indiana Advocate Pat Howey uses information from IDEA 2004, the special education regulations, and the Commentary to answer questions about the requirements for meeting the needs of children with behavior problems.

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What's on the Blog?

The Wrightslaw Way Blog

My son is three years old and he is very aggressive. Will Special Ed Help?


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What People Are Saying About The Special Ed Advocate Newsletter

"Thanks for the trustworthy information and support you provide through the Wrightslaw web site and newsletter. You helped our family act when we needed to - we are thriving now."


Great Products From Wrightslaw

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright Wrightslaw: No Child Left Behind

Surviving Due Process: Stephen Jeffers v. School Board

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