National Institute 2019

B1 | 'I Can Explain' ... When Students Claim a Disability Only After an Expellable Offense (Room Osceola B)

06 May 19
10:45 AM - 12:00 PM

Tracks: Behavior

You've mastered the basics of navigating the discipline procedures under the IDEA. Well done, Padawan! Now you are ready for Jedi-level training. Attorney Dave Garner does a deeper dive into one of the more challenging — and sometimes frustrating — aspects of discipline: when a claimed disability is raised for the first time after a student has committed a serious disciplinary infraction and is facing potential expulsion. Can a school be "deemed to have knowledge" for reasons other than those specifically listed in the IDEA regulations? What are the school's obligations if an expedited evaluation determines the student does have a qualifying disability? You'll leave with answers to these questions and much more.