The IDEA protects students with disabilities in disciplinary proceedings that may result in long term suspension or expulsion. Suspension over 10 days in a school year requires a Manifestation Determination Review (MDR) (see below). A student with a disability (with an IEP) may be suspended for up to 10 school days in a school year without FAPE being provided. Suspension for more than 10 school days is considered a long term suspension. A disciplinary change of placement occurs for a student with a disability if: (1) The removal is for more than 10 consecutive school days; or (2) he student h ..read more

Fron a recent presentation. https://care4thecaregivers.org/courses/idea-a-legal-look ..read more

By Hope Kirsch, Kirsch-Goodwin & Kirsch, PLLC https://www.yourvalley .net/paradise-valley-independent/stories/kirsch-heres-what-to-do-when-your-child-needs-help-in-school,288281 If your child is struggling at all — in school work (academics), making friends, teachers complaining about behavior, almost anything that concerns you or the teachers — the school should be notifying you and suggesting to meet to evaluate the child for a 504 plan (accommodations) or an IEP (special education). But if the school has not contacted you, then you should contact the school. Do not hesitate because ea ..read more

When the school calls: Understanding IEPs  ..read more

  https://www.dropbox.com/s/5fqprj3ztkycz3a/Navigating%20Special%20Education%20for%20Your%20Child.mp4?dl=0 ..read more

Thee United States Department of Education will be issuing guidance to schools notifying them that regardless of the COVID pandemic or how instructino is provided, students with disabilities must still receive a free appropriate public education (FAPE) in accordance with the Individuals with Disabilities Education Act (IDEA), and that infants and toddlers with disabilities and their families receive early intervention services. Here is the first guidance document, a Questions and Answers (Q/A) document, that outlines the key requirements and reminds schools of their requirement to appropri ..read more

Parents often ask: Can the school exit my child from an IEP? How can a school exit my child from an IEP? The answer to these questions are that schools are not allowed to just dimiss - or exit - a student from an IEP without a formal evaluation.  And so an IEP may not just say that a student no longer needs special educaiton and related services.  Instead, the IEP team must arrange to re-evaluate the student in all areas of suspected disabilty, and only after the evaluation may the team decied whether or not the student continues to need special education and related services, that ..read more

 Bullying - When Special Needs Students Are the Victims or Instigators By Arizona Education Attorneys            What is Bullying?  Bullying is unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time. Both students who are bullied and who bully others may have serious, lasting problems. In order to be considered bullying, the behavior must be aggressive and include an imbalance of power repeatedly.  Students who bu ..read more

 Arizona Education Lawyers The IDEA protects students with disabilities in disciplinary proceedings that may result in long term suspension or expulsion. Suspension over 10 days in a school year requires a Manifestation Determination Review (“MDR”). A student with a disability (with an IEP) may be suspended for up to 10 school days in a school year without FAPE being provided.  Suspension for more than 10 school days is considered a long term suspension.   The implementing regulations of the IDEA, at 34 C.F.R. § 300.530(e), require that a school conduct an MDR when the decisio ..read more

 By Kirsch-Goodwin & Kirsch, PLLC, Arizona Education Attorneys          Discipline of students in Arizona public schools is covered in Arizona Revised Statutes at Title 15 (Education), Chapter 8 (School Attendance), Article 3 (Suspension and Expulsion of Pupils), Sections 15-840 through 15-844.  In Arizona, all students are required to comply with school rules and submit to the authority of teachers and school administrators. A.R.S. § 15-841(A).   Students with IEPs and 504 Plans have extra protections under federal and state laws when it come ..read more