The law and special education ( Discipline ) Essay

The law and special education ( Discipline ) - Essay Example Whether or not the students are disabled, disciplinary action is necessary in learning institutions. Prescribed procedures however need to be adopted during discipline. The 4th and 14th amendments of the US Constitution state these regulations. Correct procedure includes fairness of the disciplinary actions, while substantive process ensures protection student rights from being violated by school officials and ensures that the discipline is reasonable, regardless of the physical condition of the student. Disabled students are cushioned from discriminatory disciplinary action by Section 504 of the Rehabilitation Act (1973). Procedure ought to be followed to avoid such discrimination. First, there has to be same procedure for discipline, regardless of the child’s condition. Second, school officials have to conduct the manifestation determination in order to assess any relations between student disabilities and their misconduct, before applying any actions such as long-term suspension, expulsion or placement changes. Third, school officials have to ensure the teachers are conversant with the provisions under section 504. The law categorically emphasizes on the adoption of positive behavioral interventions, support programs and provision of specialized services for students with disabilities. School officials and teachers are expected to discipline students in a non-discriminatory manner. The other underlying point is that discipline has to be addressed with the IEP process in mind. The student’s IEP team shall consider the strategies such as support programs and positive behavioral interventions to address the problem of the student. If the problem is historical, has been persistent or is anticipated, then the student’s IEP has to address the behavior. Student problem behaviors be addressed by conducting a functional