ERIC Number: ED377623
Record Type: Non-Journal
Publication Date: 1994-Apr
Reference Count: N/A
Disciplinary Exclusion of Students with Disabilities under Federal Law: An Overview.
Ordover, Eileen L.
This paper presents the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) as statutory frameworks for providing educational services for students with disabilities. The paper then addresses the issue of disciplinary exclusion as provided for in each of the three laws. IDEA creates an entitlement to a free appropriate public education in the least restrictive environment (LRE) without exception, and so precludes a district from expelling any student with disabilities for alleged misconduct. A school district may change a student's educational placement to another providing a free appropriate public education meeting statutory requirements in the LRE. Any exclusion from school of more than 10 days constitutes a change of placement and may be accomplished only through the change of placement procedures set forth in IDEA and its implementing regulations. Based on Section 504, an evaluation conducted before attempting to exclude a student for more than 10 days or expel must include a determination of whether there is a connection between the behavior and the student's disability. Some students may lose some of these protections if they are using illegal drugs or abusing alcohol. References to the United States Code, the Code of Federal Regulations, and court cases are provided to support the paper's views. (JDD)
Descriptors: Behavior Problems, Court Litigation, Disabilities, Discipline Policy, Educational Legislation, Elementary Secondary Education, Expulsion, Federal Legislation, Federal Regulation, Student Behavior, Student Placement, Suspension
Center for Law and Education, 955 Massachusetts Ave., Cambridge, MA 02139 ($2.50, plus postage and handling; $1 for orders up to $9.99, $2.50 for orders of $10 or more).
Publication Type: Information Analyses
Education Level: N/A
Audience: Administrators; Practitioners
Authoring Institution: Center for Law and Education, Boston, MA.
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)