Special Education Discipline New Mexico

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Students who receive special education services receive certain protections under the Individuals with Disabilities Education Improvement Act (IDEA). Certain procedures and rules must be followed when dealing with children who receive special education services.

The concept behind these protections is that they ensure that all students receive a free and public education and that school officials cannot use discipline as a means to limit or prohibit students from receiving an education.

The laws are not designed to protect disabled students from being disciplined. If a behavior is not related to their disability, they can receive the same discipline that any other student would receive. However, if a behavior is related to their disability, procedures must be followed to ensure that the problem is being addressed.

1. A child with a disability cannot be suspended for more than ten days for any behavior as it is considered a change of placement. This includes repeated violations of the same rule.
   
   
2. Before a school can recommend a change of placement, an Individualized Educational Plan (IEP) team must meet and determine if the behavior is a manifestation of the child's disability.
   
   
3. A disabled student cannot be expelled or receive a long-term suspension for any behavior that is a manifestation of his or her disability.
   
   
4. School officials can recommend a change of placement (alternative school) for up to 45 days at a time if the weapons or illegal drugs were involved or if it likely that the student will cause harm to him or herself or others. The parents do not have to agree for this change in placement to take place but are allowed to file an appeal.
   
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Author: Darcy Logan