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Attorney outlines schools' special education requirements

An attorney outlined the many factors that school administrators must consider when removing a special education student from school.

2009-03-27
By Robb Murray, Free Press Staff Writer [published in The Free Press, Mankato, MN, 3/27/2009]

 In an age where pages of federal and state laws and regulations have great influence on school discipline and special education, it can be daunt­ing to enter a realm where both are at issue simultane­ously.

Area school administra­tors and teachers at a con­ference at Minnesota State University Thursday heard an expert on that realm talk about navigating some con­fusing territory.

It was part of the Midwest Regional Special Education Law Conference sponsored by MSU’s Department of Special Education, the Center for School- University Partnerships and the state Department of Education.

Jose Martín, a partner with the law firm of Richards Lindsay & Martín in Texas, focuses exclusively on disabilities issues and lit­igation affecting the schools. He works as a consultant for schools seeking help under­standing the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, and the Americans with Disabilities Act.

One of the most common issues schools deal with, he said, is the decision to remove a student from school. This can come in one of two forms: short-term and long-term removals.

Short- term removal means a removal of a stu­dent from school for fewer than 10 days. Anything longer would be long term, which falls under a different set of rules and regulations.

The 10 days applies to each student, and Martín advises schools to use those days wisely. Why remove — or suspend for behavior rea­sons — a student for three days when you get the same result for two days?

“I don’t see what’s so spe­cial,” he jokingly told the group, “about that third day of watching TV and eating Oreo cookies at home.”

Also, removing a child from school — whether it’s in- school suspension or sending them home — can have negative side effects, especially if the student gets so far behind in class he can’t catch up.

“I’m failing for sure, there’s no sense in trying,” he said, taking on a possible persona of a student, “It’s cut up time.”

The conference was billed as the most compre­hensive special education law conference in the Midwest, featuring nation­ally recognized experts.

Martín has a background in writing and journalism and has been published in magazines and journals on areas concerning the legal issues surrounding schools and special education stu­dents.

For more Free Press news go to http://www.mankatofreepress.com/

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