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This Concept Map, created with IHMC CmapTools, has information related to: Procedural Safeguards and Discipline, Procedures to protect the rights of the child when the parents are unavailable Components Procedural Safeguards, Notice requirements Components Procedural Safeguards, Procedural Safeguards Background When the education for all handicapped children act was passed in 1975, Congress wanted to ensure that students with disabilities would be treated fairly and provided with an appropriate education., Voluntary mediation Components Procedural Safeguards, Consent requirements Components Procedural Safeguards, The independent educational evaluation Components Procedural Safeguards, The opportunity to examine records Components Procedural Safeguards, According to the due process clause of the 5th and 14th amendments, no state may deprive any person of life, liberty, or property without due process of law. Background When the education for all handicapped children act was passed in 1975, Congress wanted to ensure that students with disabilities would be treated fairly and provided with an appropriate education., According to the due process clause of the 5th and 14th amendments, no state may deprive any person of life, liberty, or property without due process of law. Background One way they did this was by providing students and their parents, with procedural protections to ensure that they would be meaningfully involve with school districts when educational programs were being planned and implemented., Students shouldn’t be denied services because of misbehavior related to their disability Determination Discipline, School districts must have set rules to regulate student conduct and in order to meet requirements they should take actions such as: Developing reasonable and appropriate schoolwide discipline policies and procedures Extending due process protections to students when using certain disciplinary procedures Ensuring that discipline sanctions are applied in a nondiscriminatory manner. Background Discipline, These decisions cannot be made using normal school procedures for disciplining non-disabled students. Determination Discipline, IDEA 2004 requires reviews be made within 10 days. Determination Discipline, School districts must have set rules to regulate student conduct and in order to meet requirements they should take actions such as: Developing reasonable and appropriate schoolwide discipline policies and procedures Extending due process protections to students when using certain disciplinary procedures Ensuring that discipline sanctions are applied in a nondiscriminatory manner. Background Mistaken Assumption includes: Students with disabilities who attend public school are subject to a schools district’s regular discipline policies and procedures. Exceptions include: Deprives a student of their special education and related services Triggers the procedural safeguards of the IDEIA Interferes with a students IEP, BIP, or Section 504 accommodation plan, Process hearing Components Procedural Safeguards, Procedural Safeguards Background One way they did this was by providing students and their parents, with procedural protections to ensure that they would be meaningfully involve with school districts when educational programs were being planned and implemented., School districts must have set rules to regulate student conduct and in order to meet requirements they should take actions such as: Developing reasonable and appropriate schoolwide discipline policies and procedures Extending due process protections to students when using certain disciplinary procedures Ensuring that discipline sanctions are applied in a nondiscriminatory manner. Background If the student’s IEP determines that: He/she will be subject to the school district’s regular disciplinary policy The policy does not violate the requirements of IDEIA The team may use the student’s IEP or BIP to affirm that the student will be subject to the districts regular discipline policies and procedures. A copy of the school’s discipline policies along with the IEP or BIP will accomplish this.