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The status of policies, procedures and practice of the legal requirements for suspension, expulsion and manifestation determination of children with disabilities

The Individuals with Disabilities Education Act of 1997 added new provisions for disciplining children with disabilities by suspension and/or expulsion. The purpose of this study was to determine the status of policies, procedures and accepted practice for suspensions, expulsions, and manifestation determinations of children with disabilities in two types of public school districts (traditional and charter) in the State of Arizona. Using document analysis of local school district policies, procedures, and child files for review from recent state education monitoring information and a structured telephone interview questionnaire with Directors of Special Education in both types of districts reporting documented suspensions and/or expulsions over ten days, the research findings indicated that the major changes in the federal special education law had not been a catalyst, to date, for the development of new local education agency policies and procedures regarding suspension and/or expulsion of children with disabilities. Results indicated no major difference in policies and procedures among or between traditional and charter public school districts. Respondents from both types of districts described the procedures used by their IEP teams that indicated the teams were conducting manifestation determinations in an appropriate manner. However, neither type of school district was in compliance with the new discipline requirements of IDEA regarding the mandate to have written policies and procedures. Expedited due process hearing to decide if a child is so dangerous that the requesting district will qualify for an exemption to stay-put rules appear to be unnecessary as a procedure to remove the child from school. Research directions are discussed.

Identiferoai:union.ndltd.org:arizona.edu/oai:arizona.openrepository.com:10150/289072
Date January 1999
CreatorsDavis, Karen Ann Conway
ContributorsClark, Donald C.
PublisherThe University of Arizona.
Source SetsUniversity of Arizona
Languageen_US
Detected LanguageEnglish
Typetext, Dissertation-Reproduction (electronic)
RightsCopyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.

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