OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities: Discipline Procedures

Discipline Procedures

Note: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.

Letter to Judy Nathan, Executive Deputy Counsel for Risk Management and Litigation, New York Office of Legal Services
January 29, 2019
Topic: Discipline Procedures

Letter to provide clarification on a series of questions regarding the protections for children not yet determined eligible for special education and related services under IDEA.
PDF (164KB)

Letter to Utah State Director of Special Education Glenna Gallo
April 2, 2013
Topic: Discipline Procedures
Section of IDEA:
Part B—Assistance for Education of All Children with Disabilities; Section 615—Procedural Safeguards
MS Word (41KB) | PDF (126KB)

Letter to Rotimi Owoh
August 21, 2009
Discipline Procedures
Letter clarifying when a LEA is required to conduct a manifestation determination review prior to a short-term disciplinary removal of a child with a disability.
MS Word (32KB) | PDF (115KB)

Letter to Ms. Dixie Snow Huefner
March 8, 2007
Discipline Procedures
Letter regarding when a parent or an LEA may request an expedited due process hearing and the child's placement during an appeal.
MS Word (32KB) | PDF (732KB)

Letter to Dr. Kris Christiansen
February 9, 2007
Discipline Procedures
Letter regarding whether a functional behavioral assessment (FBA) triggers the procedural safeguards applicable to an evaluation or an independent educational evaluation and whether parent consent is required prior to conducting an FBA.
MS Word (36KB)| PDF (163KB)

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Last Modified: 02/12/2019