Q and A documents from the Department of Education can be helpful, but too often they either simply regurgitate what is already in the regulations, or offer wishy washy “it depends” kind of answers. So I noticed that Section J of the Q and A about discipline is more direct. This section has eight questions and seven of them are answered with a “yes” or “no.”
So here’s a quick summary:
- When a parent consents to some but not all of what the district offers in the IEP, do the discipline provisions apply? Yes, they do.
- Do they apply after the parent has revoked consent for special education services? No, they do not.
- Do they apply to kids in charter schools? Yes.
- Do they apply in a virtual setting? Yes.
- Do they apply when students are in a correctional facility? Yes.
- Do they apply when the school district places the student in a private school in order to provide FAPE? They do.
- What about eligible students who are placed by their parents in private schools? No—they are not entitled to IDEA’s protections.
The other question was about preschoolers. Are they entitled to IDEA’s protections? The answer to that one was “Generally, yes.” In fact, the protections of these little ones are often greater than what IDEA offers since state law often restricts the use of disciplinary measures. For example, Texas prohibits the use of out of school suspension for all students below grade three.
Next week we move on to Section K in the Q and A—Resolving Disagreements.
DAWG BONE: A “YES” OR “NO” ANSWER IS RARE IN THE LAW, BUT ALWAYS WELCOME.
Got a question or comment for the Dawg? Let me hear from you at jwalsh@wabsa.com.
Tomorrow: a distraught parent reaches out to the Dawg.