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By: Giulia Frasca, Esq.<\/a> <\/span><\/p>\n The Justice Department conducted a study that shows that although children with special needs who receive special education services comprise twelve percent (12%) of the nation\u2019s students, they constitute nineteen percent (19%) of students disciplined with either a suspension or expulsion. <\/span>These percentages indicate that school districts often fail to understand the rights of students with disabilities and proactively provide positive behavioral supports. <\/span> <\/span> <\/span><\/span><\/strong><\/p>\n The Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) protect the rights of students with disabilities in that they cannot legally be subjected to long suspensions or expulsions for behaviors that are manifestations of their disabilities. <\/span>Under New York State law, which applies to all students, whether classified or not, a \u201cshort-term suspension\u201d is defined as five days or less. <\/span>The Principal of the school can issue a short-term suspension. <\/span>The parents have a right to (more…)<\/span><\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":" By: Giulia Frasca, Esq. The Justice Department conducted a study that shows that although children with special needs who receive special education services comprise twelve percent (12%) of the nation\u2019s students, they constitute nineteen percent (19%) of students disciplined with…<\/span><\/p>\n
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