Legal Question in Education Law in California

where can I find the law concerning a child with a iep and the disability and punishment in school district

Asked on 3/17/13, 7:49 pm

3 Answers from Attorneys

Allison Arkin Law Offices of Allison Arkin

The law on special education is the Individuals with Disabilities Education Act (IDEA) and the California Education Code also covers students with special needs.

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Answered on 3/17/13, 8:14 pm
Daphne Macklin Law Office of Daphne L. Macklin

You want to contact Disability Rights Rights California /

This public interest law firm focus on issues concerning persons with disabilities.

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Answered on 3/17/13, 10:02 pm
James Goff James R. Goff, Attorney at Law

Your question is not quite clear. The previous answers are generally correct regarding legal provisions regarding children with IEPs-20 United States Code section 1415, and California Education Code section 48900 et seq. generally cover school discipline for students under IEPs. Typically, if a school district imposes punishment that results in a student being out of school for 10 days or more, has to hold a manifestation determination at which it must determine whether student's conduct resulting in the imposition of punishment was directly related to student's disability. If student's disability was a factor in the action leading to the discipline then it was related to student's disability. The manifestation determination hearing should occur within 10 days of rhe disciplinary decision. Hope this is helpful.

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Answered on 3/18/13, 12:53 am

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