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What happens if the behavior is a manifestation of a child's disability? When there is a manifestation, the child cannot be further disciplined. This means the child cannot be recommended for expulsion or continue to be suspended for that behavior. Instead, the IEP needs to be changed to address your child's behaviors.
Code § 12.5 - Corporal punishment. (a) Corporal punishment is defined as physically punishing a student for an infraction of the discipline policy. Use of corporal punishment is prohibited.
Federal Law Protects Students from Disability Discrimination Regardless of how well he or she performs in school, a student who has trouble concentrating, reading, thinking, organizing or prioritizing projects, among other important tasks, because of ADHD may have a disability and be protected under Section 504.
Table 1 StateYearWashington1993West Virginia1994Delaware2003Pennsylvania20057 more rows
The Special Education regulations in Pennsylvania for school districts are found under the 22 PA Code, Chapter 14. Chapter 14 provides regulatory guidance to ensure compliance with the federal law, the Individuals with Disabilities Education Act of 2004, and its regulations. § 14.102.
A child with intellectual disabilities cannot be suspended for any length of time without the parent's agreement, the agreement of the state Department of Education, or an order from a hearing officer or judge.
Manifestation Meeting The IEP team should also look to see if the child's IEP was being followed. If the IEP team decides that the behavior was a manifestation of the student's disability, the district cannot expel the student or suspend the student more than 10 days.
The Safe Schools Act of 1995 is the seminal Pennsylvania school safety statute, establishing the Office for Safe Schools and authorizing Pennsylvania Department of Education ?to coordinate anti-violence efforts between school, professional, parental, governmental, law enforcement and community organizations and ...