Since Tantothom chose to make a sarcastic remark, I will try once again to educate all of us on what IDEA actually speaks to the issue of expelling students. One must read the complete section to understand that there are various courses of action a school district can take depending on each individual case. I take issue with the statement that a school district can not expel ESE students. The reason I take issue with that statement comes from reading 20 United States Code 1415 (a) (1) (a) which states: "(a) In general A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions: (1) Free appropriate public education (A) In general A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school." I take note that this code specifically states that FAPE must be available to a student with disabilities that has been expelled from school.
Posted on: Fri, 12 Jul 2013 13:48:16 +0000
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