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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.
Today, students with disabilities continue to be suspended and expelled for behavior caused by their disabilities.
If you advocate for a child with behavior problems, you need to learn about rights and responsibilities under the Individuals with Disabilities Act of 2004. The information in this issue of The Special Ed Advocate will help.
Because Sunday is Mother's Day, we wanted to acknowledge the lessons we learn from our mothers. You'll see what we mean when you read 25 Things My Mother Taught Me. Happy Mother's Day!
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| Can the School Expel My Child with ADHD & LD? |
Ellen writes: "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 was suspended several times last year. Before he returned to school last time, we received a letter from the school saying they planned to expel him for the year. Can they do that?"
What do you think? 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 Ellen in Can the School Expel My Child?
Learn more about school discipline.
Read more Frequently Asked Questions.
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| Suspending Children with Disabilities from School |
"The school sent my child with autism home for a weeklong cooling off period - can they do that?"
"The school suspended my child for misbehavior but didn't suspend the other children - can they do that?"
"The school sent my child home several times this year. He can't learn when he isn't in school. Can they do that?"
Everyone has questions about discipline - what schools can and cannot do, and how discipline procedures are different for children with disabilities.
In What You Need to Know About IDEA 2004: Suspending Children from School, Pat Howey answers questions from parents about suspensions - how long schools can suspend children, under what circumstances, what services schools must provide when children are removed from school, in-school suspensions, and basic issues of fairness.
More What You Need to Know about IDEA 2004 articles.
Read more articles by Pat Howey in Ask the Advocate.
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| Special
Education Law Library: Discipline Cases |
The Special Education Law Library includes resources about special education law including the Individuals with Disabilities Education Act (IDEA 2004 and IDEA 97), Section 504 of the Rehabilitation Act, special education cases, legal practice articles, and special education news.
The Special Education Law Library also includes the No Child Left Behind Act (NCLB), the Family Educational Records and Privacy Act (FERPA), and the McKinney Vento Homeless Assistance Act.
Discipline Cases
Honig v. Doe, 484 U.S. 305 (1988). Decision from U. S. Supreme Court in discipline case that involved two emotionally disturbed students who had academic and social problems. Clarifies that schools may not expel children for behaviors related to their handicaps; stay put; procedural safeguards are designed to protect children and parents; describes parent role.
Community Consolidated Sch. Dist. #93 v. John F. (IL) Excellent decision in discipline case; 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 Word Decision in pdf
More Special Education Caselaw
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Yellow Pages for Kids with Disabilities |
If you are looking for help - or a helper - visit the Yellow Pages for Kids with Disabilities.
 You'll find educational consultants, psychologists, educational diagnosticians, health care providers, academic therapists, tutors, speech language therapists, occupational therapists, coaches, advocates, and attorneys for children with disabilities on the Yellow Pages for Kids for your state.
You'll also find special education schools, learning centers, treatment programs, parent groups, respite care, community centers, grassroots organizations, and government programs for children with disabilities.
User Guide: The Yellow Pages for Kids User Guide will help you build your team, learn about your child's disability, learn advocacy skills, get training, and help other parents.
Free Listings in the Yellow Pages: If you help parents get services for children (i.e., an evaluator, educational consultant, academic tutor, advocate, attorney, special ed school, etc.) or you facilitate a support or study group for parents, please submit an application to be listed in the Yellow Pages for Kids. Listings are free!
Help Others: To help us get the word out about the Yellow Pages for Kids, please print and distribute your state Yellow Pages Flyer. |
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| Happy Mother's Day! 25 Things My Mother Taught Me |
Last week, my 87 year-old mother forwarded an email to her circle of friends and family. When read it, it was familiar - and comforting.
Although my mother did not write 25 Things My Mother Taught Me, she could have. 25 Things My Mother Taught Me includes many funny lessons I learned as a child - maybe you did too.
Perhaps you are passing these lessons on to your children. I hope so.
This photo is of Pete driving my mother to her birthday party in the Miata - check out their matching caps and shades. Happy Mother's Day!
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Special Education Law & Advocacy Training |
We are scheduling programs for 2007 and 2008. If you are interested in bringing a Wrightslaw program to your community, please read our Conference Information page.
Upcoming programs are listed on the left top side of this newsletter. You can also check the schedule to see where Wrightslaw programs are being held. |
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