Rights of the Parents of Children with Disabilities
Basic Rights of the Parents of Child with a Disability
Often, disagreement between the district and parents occurs, causing tension between the two. If a parent feels a child has been wrongly denied eligibility, they can try:
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Rights of the School District
The school district expresses most of its rights under IDEA when deciding disciplinary action for students with disabilities. Although somewhat restricted by the protective aspects of IDEA towards students, school districts have the right to decide punishment within reason.
"School personnel unilaterally can place a child in an "appropriate interim alternative education setting" for the same amount of time a non-disabled child would be subject to discipline, but for not more than 45 days, if the child:
"If a child's conduct is dangerous, the school cannot, on its own, immediately change the child's placement. The school must file for a hearing at the Bureau of Special Education Appeals and ask a hearing officer to remove the child to a temporary alternative education setting. To win at hearing, the school must show that:
"School personnel unilaterally can place a child in an "appropriate interim alternative education setting" for the same amount of time a non-disabled child would be subject to discipline, but for not more than 45 days, if the child:
- "carries" certain dangerous weapons to a school or school function
- "knowingly possesses or uses illegal drugs at school or a school function
- "sells or attempts to sell a controlled substance at school or a school function"
"If a child's conduct is dangerous, the school cannot, on its own, immediately change the child's placement. The school must file for a hearing at the Bureau of Special Education Appeals and ask a hearing officer to remove the child to a temporary alternative education setting. To win at hearing, the school must show that:
- "keeping the child in the current placement is substantially likely to result in injury to the child or others; AND
- "reasonable efforts to minimize the risk of harm in the current placement will not be effective; AND
- "the proposed interim alternative education setting meets the requirements of the law."
"[In regards to other student misconduct] Within 10 days of the change in placement, the school must conduct a “manifestation determination review” (MDR) to see whether the conduct was a manifestation of a disability. If the school determines that the conduct was a manifestation, then the school cannot punish the student and must be returned to the regular class. On the other hand, if the school finds the behavior is not a manifestation, then the school can apply ordinary disciplinary procedures that apply to non-disabled students."
- American Civil Liberties Union
- American Civil Liberties Union