Abstract
The Individuals with Disabilities Education Act ("IDEA") protects an individual child's access to necessary special educational services, and endorses a process in which parents are full partners in the child's education. These values sometimes collide with important purposes of school discipline—swift and fair sanctions for misconduct, and maintenance of a safe and respectful learning environment for all students.
This Article provides a comprehensive review and analysis of the 1997 statutory revisions to the disciplinary provisions of the IDEA and the resulting regulatory scheme, completed in March 1999. The scheme adopts some judicially-crafted approaches, codifies prior administrative interpretations, and legislates a broad mandate for continuation of educational services to suspended or expelled children with disabilities. The Author clarifies and critiques the scheme, and proposes interpretations and strategies that deal with problems and unresolved issues. It offers those who must implement and administer IDEA's provisions guidance in harmonizing the goals of appropriate education and school safety.
How to Cite
42 Ariz. L. Rev. 77 (2000)
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