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Individual With Disabilities Education Act Essay

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The Individuals with Disabilities Education Act has been protecting students since its conception in 1990 and officially a U.S. act signed in by George H. W. Bush. This act helps teacher act out of a substantiated basis when it comes to administering discipline to those with special needs or disabilities. This field of discipline, like all areas of discipline needs to be handled with solidarity and confidence. Simply because there are many students with disabilities, there are some teachers who do not think a disciplinary action would be fair to them. Kevin Dwyer from the national Association of School Psychologists said in his essay of IDEA, “by not addressing these dangerous behaviors, the student with special needs is not receiving an "appropriate" …show more content…

When a school implements tactics that helps a student focus on the benefits and rewards of good behavior and not just avoiding punishments for poor behavior, the students are all seen as more self-motivated to be better students and behave more appropriately within the parameters of the school’s rules. A student who brings a weapon to school, for example, must be dealt with critical importance, regardless of the mental disposition of the student. Even if the student has disabilities, he or she would need to be suspended based on the statute 300.530 (g)(NDCCD 2014). If the student is in danger of causing seriously bodily harm to themselves or others, this would also qualify them for that same suspension. This is a prime example of how the rules of IDEA do not just apply to students with disabilities. This act reflects more of an atmosphere of solidarity with the teachers and staff. Much of this process works with BIP and IEP’s to help the student learn and grow, which is most favorable in these scenarios, especially if there is not a serious safety issue with any parties. More formal assessments and data collections like Functional Behavior Assessments will be commonly used in situations that involve any behavior that needs to be worked on in the school

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Three laws that have shaped and resolved the rights and services available to the students with disabilities will be discussed in this section. Section 504 of Rehabilitation Act of 1973, the Individuals with Disabilities Act( IDEA )and The Americans Disabilities Act( ADA). The IDEA is the major federal statute providing educational rights to students with disabilities. Even so, two other statutes, Section 504 of the rehabilitation Act and ADA which was modified recently (ADA,2006,2008), also have implication for the disciplinary process when it involves students with disabilities ( Russo & Osborne, 2009). Section 504 of the Rehabilitation Act is the first federal civil rights law protecting the rights of persons with disabilities.

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