Disciplining Students in Special Education

Abstract

Congress reauthorized the Individuals with Disabilities Education Act of 1990 in the spring of 1997. The Department of Education adopted the final regulations on March 12, 1999, and they became effective on May 11, 1999. This article addresses the substantial changes that Congress made in the legislation regarding the discipline of students with disabilities. We analyze both the procedural and substantive requirements relating to suspending students, expelling students, and conducting functional behavioral assessments and manifestation determinations.

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