The importance and value of proper order and discipline in a school cannot be overstated.
It is imperative that schools maintain and enforce effective, reasonable, and nondiscriminatory
student discipline policies and codes of conduct. However, this concern must be
counterbalanced by the special consideration warranted for students with disabilities when their
violation of disciplinary policies is substantially related to their disabilities. In such cases,
relying on student discipline, by itself, is unlikely to reduce the likelihood such undesirable
behavior will recur. When putative misconduct is substantially related to a student’s disability,
we can only reduce the likelihood that such misconduct will happen again by identifying its root
causes and implementing strategies to address them. This white paper reviews the manifestation review and the due process provisions of IDEA specific to disciplinary changes in placement.
Agenda
Faculty
James P. Evans
Barclay Damon LLP
- Partner with Barclay Damon, LLP
- More than 25 years’ experience representing educational institutions, including K-12 and post-secondary institutions, in all facets of education law
- Represents numerous educational institutions, including private schools, charter schools and public school districts concerning all facets of education law, including student privacy
- Advises not-for-profit corporations regarding compliance issues and matters pertaining to education rights
- Has obtained significant experience representing parents, students and educational institutions regarding all facets of education law, including federal and state law compliance
- Adjunct professor of education at Le Moyne College, where he has constructed and taught a master's level course in education law for school administrators over the past nine years
- Frequent speaker and lecturer regarding school law education law and related matters
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