Can a Short-Term Disciplinary Removal Be Cause for an IEP Team Meeting?

author by Joseph C. Maya on Jul. 29, 2024

Other Education 

Summary: If you have any questions about special education or education law in general, contact one of our attorneys at (203) 221-3100.

According to the Individuals with Disabilities Education Act, it is appropriate to review and revise IEPs to address various issues, including: insufficient progress toward achieving annual goals; results from any reevaluation; information regarding the child provided to or by the parent; the child's future needs; and other considerations, such as the behavior that resulted in short-term disciplinary removal and its effect on the child's learning or that of others.

The frequent application of short-term disciplinary removals or informal removals for children with disabilities may suggest that the child's IEP inadequately addresses their behavioral needs, potentially leading to a denial of FAPE. School personnel should be attentive to and assess the necessity and effectiveness of behavioral interventions when applying exclusionary disciplinary actions that repeatedly or substantially disrupt a child's education and participation in school activities.


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If you have any questions or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.

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