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Laws, Procedures and Policies Regarding Disciplining Special Education Students

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Laws, Procedures and Policies Regarding Disciplining Special Education Students

Holly Witherwax

Prairie View A&M University

Introduction Discipline within a school setting is of prime importance, and ensures that learning activities progress without major hitches. This is true in school settings that enroll students without disabilities, as well as schools for students with special needs. Learning institutions that enroll both disabled students and those not disabled are also tasked with ensuring that discipline amongst the students is maintained across the board. Therefore, the challenge for administrators in schools that have incorporated special education students is that of ensuring that in disciplining special education students; they act within the law, they act in an unprejudiced manner (vis-à-vis disciplining normal students) and finally that the punishment takes cognizance of the status of the student as a special education student.
Federal Law and Disciplining Special Education Students There are various laws that govern the disciplining of special education students in federally supported schools in K-12 education. The most relevant law as regards disciplining special education students is the Individuals with Disabilities Education Act (IDEA) 1990 (reauthorized in 1997). The provisions of IDEA state that unless a special needs student has committed punishable acts that require drastic measures such as the student being permanently transferred from the school, then the punishment to be meted out on both special education students and students without disabilities should be the same for a specific infraction (Dalun et al, 2004, p.340). School administrators, teachers and disciplinarians however have struggled to understand and apply the provisions of this law, and in many cases special education students have been allowed to get away

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