In the May-June 2009 issue of In Case (Council for Administrators of Special Education), Julie Weatherly (attorney with the Weatherly Law Firm), begins a series of articles addressing the discipline of students with disabilities. Here is the first essential point...
"That's right, It's not 'fair'. It is well-settled that discipline is different for students who have been identified as disabled. Although Congress has attempted over the years to provide more flexibility with respect to disciplining students with disabilitites, appliable laws continue to provide significant protections for studnets with disabilitites that do not exist for students who are not disabiled. While it may not seem "fair", it is important to understand that the law simply sets forth a different disciplinary scheme for disabled students as compared to that for nondisabled students and that the law must be followed until it is changed."
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