Kirsch-Goodwin & Kirsch, PLLC, Education Attorneys

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Latest from Kirsch-Goodwin & Kirsch, PLLC, Education Attorneys - Page 2

 Bullying – When Special
Needs Students Are the Victims or InstigatorsBy Arizona Education Attorneys          

What is Bullying? 
Bullying is unwanted, aggressive behavior among school aged children
that involves a real or perceived power imbalance. The behavior is repeated, or
has the potential to be repeated, over time. Both students who are bullied and
who bully others may have serious, lasting problems. In order to be considered bullying, the
behavior must be aggressive and include an imbalance of power repeatedly.  Students who bully use their power—such as physical
strength, access to embarrassing…
Continue Reading Bullying – When Special Needs Students Are the Victims or Instigators

 Arizona Education Lawyers

The IDEA protects students with disabilities in disciplinary
proceedings that may result in long term suspension or expulsion. Suspension
over 10 days in a school year requires a Manifestation Determination Review (“MDR”).
A student with a disability (with an IEP) may be suspended for up to 10 school
days in a school year without FAPE being provided.  Suspension for more than 10 school days is
considered a long term suspension.  

The implementing regulations of the
IDEA, at 34 C.F.R. § 300.530(e), require that a school conduct an MDR when the
decision is made to change…
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 By Kirsch-Goodwin & Kirsch, PLLC, Arizona Education Attorneys        

Discipline of students in Arizona public schools is covered
in Arizona Revised Statutes at Title 15 (Education), Chapter 8 (School
Attendance), Article 3 (Suspension and Expulsion of Pupils), Sections 15-840
through 15-844.  In Arizona, all students
are required to comply with school rules and submit to the authority of
teachers and school administrators. A.R.S. § 15-841(A).  

Students with IEPs and 504 Plans have extra
protections under federal and state laws when it comes to discipline.  But the cornerstone of student discipline is balancing two separate rights of…
Continue Reading Suspension and Expulsion of Students