Navigating Special Education Advocacy: The Legally Blind Justice Podcast: Episode 38

Keywords: special education, disability rights, IDEA, Section 504, advocacy, school discipline, legal protections, manifestation determination reviews, educational law, parent rights

Summary

This conversation delves into the complexities of special education advocacy, focusing on the legal frameworks that protect students with disabilities, the differences between IDEA and Section 504, and the importance of proper disciplinary procedures. The discussion highlights the challenges faced by students with disabilities in school settings, the role of parents in advocating for their rights, and the impact of significant court cases on educational policies. Additionally, the conversation addresses the future of special education protections amidst potential changes in federal oversight.

Takeaways

• Students with disabilities face disproportionately high rates of discipline.
• IDEA ensures a free and appropriate public education for students with disabilities.
• Section 504 provides protections against discrimination for all students with disabilities.
• Legal action should be a last resort; creative solutions are preferred.
• MDRs are required for disciplinary actions exceeding 10 days.
• Parents must be involved in the MDR process and ask critical questions.
• Schools must follow procedural safeguards before disciplining students with disabilities.
• Goss vs. Lopez established due process rights for all students.
• Honig vs. Doe reinforced the need for proper evaluations before disciplinary actions.
• The future of special education protections may be uncertain with potential changes to the Department of Education.

www.kaltmanlaw.com 

Transcript: The transcript is autogenerated and may contain transcription errors.

Tim Markley (00:21)

Welcome to the Legally Blind Justice podcast. I'm your host, Tim Marfleet. And in this episode, we're going to discuss special education discipline and due process issues. with Taylor Ruiz, who heads up the special education team at K. Altman Law, and Keith Altman, who is the founder of K. Altman Law.

Tim Markley (00:40)

Today

we'll be covering legal considerations, best practices, as well as practical advice for schools, parents, advocates, and anyone in the special education realm. Let's get started.

The agenda for today, we're going to discuss why this matters. For example, why are these laws important in the special education space? Why is it important to advocate for students with disabilities in terms of discipline and why do we discipline students with disabilities differently than their neurotypical peers. Then we're going to get into the legal framework of IDEA and Section 504. After that, we'll discuss MDRs, which are called Manifestation Determination Reviews. Then we will get into procedural safeguards and parents' rights. And then just some feedback and commentary on some special case laws that shape discipline for students with disabilities. And then lastly, we'll discuss how K-Outman can help. So getting into why this matters. It's truly important to understand the relationship between disability and discipline in schools. But why does it actually matter? Students with disabilities, they face a disproportionately high rate of school discipline when compared to their non-disabled peers. Schools have to balance discipline with the federal protections under the IDEA and Section 504 guidelines. Certain missteps in disciplining students with disabilities could lead to lawsuits, due process hearings, and violations of student rights. Now, Keith, let's start with a big question. Are you ready? Sure, let's go. Okay.

Why are students with disabilities more likely to face disciplinary actions in schools?

Well, as a general proposition, many of the common disabilities that students face, and for example, ADHD is incredibly common, is their way of processing the world around them, or autism is an even bigger problem. Their way of processing the world around them is different than other students. They tend to not understand social cues. They tend to be impulsive.

In nature, they tend not to appreciate the consequences of their actions in the same way that other students that other students may do that. In addition, some of them are less are developmentally challenged and are less sophisticated than the other children around them. They are easily manipulated, shall we say, and can be prompted to engage in behavior and conduct that is not appropriate.

And so it is generally true that these students, they've got a tough enough time getting through the day and then you throw trying to conduct themselves on top of that makes for a very, very difficult time. Absolutely. I agree. And you know what, in a lot of research that I've done, the data show