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Friday, February 15 • 10:15am - 11:45am
Past Pattern of Behavior: Issues in Disciplining Students “Not Yet Eligible” for Special Education

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The added layers of protection for students eligible for special education services requires that school districts carefully evaluate the effect of a child’s disability on that conduct. However, provisions in the IDEA also provide that students who are “not yet eligible” for special education services are entitled to the “same protection” in discipline as those already served with IEPs. Scant direction exists for school districts when a general education student violates a code of conduct and afterwards claims IDEA protections. This presentation will review the differing interpretations of this provision by the Office of Administrative Hearings and provide recommendations for general education disciplinary procedures that can limit complications from later claims that a student is “not yet eligible” for special education services.


Shawn Olson Brown

Attorney at Law, Fagen Friedman & Fulfrost
avatar for David Mishook

David Mishook

Attorney, Fagen Friedman & Fulfrost
David Mishook is a senior associate in F3's Oakland office and co-chair of the firm's Litigation Practice Group. An experienced trial and appellate litigator, Mr. Mishook has appeared in state and federal trial and appellate courts throughout the state. In addition to his work in... Read More →

Friday February 15, 2019 10:15am - 11:45am PST
Orange County 3