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Posts tagged "IDEA"

Functional Behavior Assessments and Behavior Intervention Plans for Special Education Students

As a general rule, special education students have to be kept in their regular placement as determined in their Individualized Education Program (IEP).  However, at times special education students will misbehave and may be disciplined by removal from that regular placement.  In fact, research shows that special education students generally tend to get disciplined more often than their general education peers, and also that the discipline for them may often be longer and more severe.  Luckily, however, the law does offer protections for special education students, but parents have to use the law properly.  

Special Education Students Must Receive Services During Disciplinary Removal

Under th Individuals with Disabilities Education Act, students on an IEP must continue to receive education services when they are removed from their regulation education setting.  Normally the removal is through suspension or expulsion.  While the student is in removal, he or she may be placed into an interim alternative education setting (IAES).  But wherever that student is, the IEP still must be followed.  This means that, even during removal, a student must continue to receive services while they're out of school.

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Kishinevsky & Raykin, Attorneys  and counselors at Law

2851 South Parker Road, Suite 150
Aurora, CO 80014-2722

Phone: 720-863-4256
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