Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities: Student Discipline

Student Discipline

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 Counsel Ylise Janssen
June 5, 2008
Topic: Student Discipline

Letter concerning requirements for functional behavioral assessments (FBAs), state personnel qualifications for individuals who conduct FBAs, and use of funds from Part B of the IDEA to assist LEAs in providing FBAs.
Word (45KB) | PDF (180KB)


Letter to James Gerl
May 1, 2008
Topic: Student Discipline

Letter clarifying that the time period for an expedited due process hearing commences on the date that the due process complaint requesting the hearing is filed and includes the resolution period.
Word (35KB) | PDF (120KB)


Letter to Commissioner Bill James
July 28, 2005
Topic: Student Discipline

Letter regarding requirements applicable to disciplining students with disabilities.
Word (33KB) | PDF (280KB)


Letter to Mr. Perry A. Zirkel
April 16, 2001
Topic: Student Discipline

Letter regarding the calculation of disciplinary removals of up to 10 school days to determine whether a change in placement has occurred and the provision of FAPE during periods of suspension or expulsion from school.
MS Word (27KB) | PDF (176KB)


Letter to Honorable Bob Graham
December 20, 2000
Topic: Student Discipline

Letter regarding the types of disciplinary removals that are available under IDEA '97, including placement in interim alternative educational settings.
MS Word (49KB) | PDF (167KB)


Letter to Honorable J. D. Hayworth
August 11, 2000
Topic: Student Discipline

Letter regarding the options available to school authorities in disciplining students with disabilities under IDEA, Part B and the Americans with Disabilities Act (ADA) and whether parents of other students have the right to be notified of incidents involving unusual or threatening behavior by students with disabilities given the confidentiality requirements under IDEA Part B and FERPA.
MS Word (24KB) | PDF (282KB)


Letter to Mr. Rodney J. Bieker
August 3, 2000
Topic: Student Discipline

Letter regarding calculating disciplinary removals of up to 10 school days in determining whether a change in placement has occurred.
MS Word (15KB) | PDF (98KB)

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Last Modified: 10/17/2018