Individuals with Disabilities Education Act

3 Pages 654 Words

The Education for All Handicapped Children Act, which is now known as the Individuals with Disabilities Education Act (IDEA), was first passed in 1975. Congress found that most handicapped children were not receiving an appropriate education. Believe it or not millions of children were excluded from school completely. This law was needed to assure that children with disabilities would receive free appropriate public Education (FAPE). These children were also in need of support services to help them learn and achieve their goals. Once IDEA was put into effect they had to come up with a way to properly disciple these children with special needs. In the IDEA reauthorization of 1997, Congress recognized that in certain instances school districts need to be more flexible with special educations students when dealing with discipline issues.
A special needs child like any other can be suspended from school for their wrong doing. However, as of 1997, the laws stated that a child with disabilities can not be suspended from school without educational services for more than 10 consecutive days. This means that when a child is suspended they must be moved to an alternative setting which provides educational services, therapy, or anything stated under their individual IEP plan. If a child commits a larger crime they are allowed to be suspended for no longer than 45 days. All educational services must still be available to the child.
The main reasons for a child with special needs being removed from their school setting for long periods of time would be due to bringing in dangerous weapons or guns or intentionally bringing, selling, or doing drugs at school or on school property. In this case the student is usually moved to an alternative setting for up to 45 days. Changing the setting of the child can be a decision made from the IEP team, without the authority of a Hearing Officer. Although, for a longer removal in placement as in ...