Individuals with Disabilities Education Act (IDEA): Discipline Provisions in P.L. 108-446 (CRS Report for Congress)
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| Release Date |
Revised Oct. 3, 2006 |
| Report Number |
RL32753 |
| Report Type |
Report |
| Authors |
Nancy Lee Jones, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Premium Jan. 27, 2005 (14 pages, $24.95)
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Summary:
Under the Individuals with Disabilities Education Act (IDEA), a child with a disability is not immune from disciplinary procedures; however, these procedures are not identical to those for children without disabilities. If a child with a disability commits an action that would be subject to discipline, school personnel have several immediate options. A child with a disability who violates a code of student conduct may be removed from her current placement to another setting or suspension for up to 10 school days; the child may be placed in an interim alternative education setting for up to 45 school days for situations involving weapons, drugs, or if the student has inflicted serious bodily injury upon another person while at school; and a hearing officer may be asked to order a child be placed in an interim alternative educational setting for up to 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or others. If the local educational agency (LEA) seeks to change the placement of a child with a disability because of a violation of a code of student conduct, either on an interim basis or on a long-term basis (except for a 10-day suspension), a manifestation determination review must be conducted to determine whether the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability, or was the direct result of the LEA's failure to implement the individualized education program (IEP). If the child's behavior is not a manifestation of a disability, long-term disciplinary action such as expulsion may occur, except that educational services may not cease.
The Individuals with Disabilities Education Improvement Act of 2004, P.L. 108-446, is a comprehensive reauthorization of the previous law on special education. Several important changes are made by this law to provisions on the discipline of children with disabilities. Generally, the new provisions give schools increased flexibility for dealing with children with disabilities who misbehave.
This report examines the statutory provisions relating to discipline with an emphasis on changes that were made by P.L. 108-446 and the final regulations. It will be updated as necessary.
