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Avoiding Legal Pitfalls in Student Discipline: Due Process, Individuals with Disabilities Education Act Safeguards, and Emerging Issues

Legal framework for student discipline: constitutional due process, disability protections under IDEA/Section 504, manifestation determinations, and behavioral interventions.

2025-09-25 13:00:00

Program Details

2025-09-25 13:00:00

Program Details

2025-09-25 13:00:00

Over 1,000+ webinars

2025-09-25 13:00:00

Course Overview

Navigating Student Discipline Legal Frameworks

2025-09-25 13:00:00

Participants will learn constitutional due process requirements, disability-related protections, and procedural safeguards essential for student discipline cases. These skills enable effective advocacy and compliance in K-12 and higher education settings.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Due Process
Students have constitutional rights to be heard and contest accusations before serious discipline.
02
IDEA Protections
Students with disabilities requiring specialized instruction receive additional safeguards under federal law.
03
Manifestation Reviews
MDRs determine if student behavior is linked to their disability before disciplinary action.
04
Behavioral Assessments
FBAs examine antecedents, behaviors, and consequences to understand why behaviors occur.
05
Restraint Regulations
Restraint and seclusion can only be used in emergencies with required reporting.
06
Documentation
Written documentation of concerns and incidents is essential to protect student rights.

Program schedule

clock 1:00 pm - 1:30 pm EST

Constitutional Due Process Foundations in School Discipline

This session explores landmark Supreme Court cases including Goss v. Lopez and Tinker v. Des Moines that established fundamental due process protections for students. Participants will learn about procedural and substantive due process requirements, FERPA protections, and the legal responsibilities school officials must uphold when disciplining students.

Sherry WildsSherry Wilds
Amanda M. StewartAmanda M. Stewart
clock 1:30 pm - 2:00 pm EST

Disability Rights Laws Protecting Students in Education

This session examines the three major federal laws protecting students with disabilities: IDEA, Section 504, and the ADA. Participants will understand eligibility requirements, FAPE obligations, and how these laws apply differently across K-12, higher education, and public versus private school settings.

Sherry WildsSherry Wilds
Amanda M. StewartAmanda M. Stewart
clock 2:00 pm - 2:10 pm EST

Scheduled Break for Participants

A brief intermission allowing participants to refresh before continuing with the program. Use this time to reflect on concepts covered and prepare questions for upcoming sessions.

Sherry WildsSherry Wilds
Amanda M. StewartAmanda M. Stewart
clock 2:10 pm - 2:40 pm EST

MDRs, FBAs, and BIPs: Essential Procedural Safeguards

This session provides comprehensive guidance on manifestation determination reviews, functional behavioral assessments, and behavior intervention plans. Participants will learn when these tools are legally required, proper implementation procedures, and common pitfalls to avoid when protecting students with disabilities from improper discipline.

Sherry WildsSherry Wilds
Amanda M. StewartAmanda M. Stewart
clock 2:40 pm - 3:10 pm EST

Restraint and Seclusion: Emerging Regulatory Frameworks

This session addresses the critical emerging issue of restraint and seclusion regulations in schools. Participants will examine the conditions under which these interventions may be used, reporting requirements, and practical guidance for advocates representing students who have experienced inappropriate physical interventions.

Sherry WildsSherry Wilds
Amanda M. StewartAmanda M. Stewart
Sherry Wilds

Sherry Wilds

The Law Office of Keith Altman, PLLC

Amanda M. Stewart

Amanda M. Stewart

The Law Office of Keith Altman, PLLC

Sherry Wilds

Sherry Wilds

The Law Office of Keith Altman, PLLC

Experienced disability civil rights attorney who has represented clients with disabilities for over 20 years in access to services cases under the Americans with Disabilities Act (ADA) and education cases under the Individuals with Disabilities Education Act (IDEA).

Education & Credentials

Juris Doctor from Nashville School of Law; Master of Education in Curriculum and Instruction from Carson-Newman University; Bachelor of Science in Special Education from Carson-Newman University

Recognition & Leadership

B. Riney Green Award from Tennessee Alliance for Legal Services for promotion of state-wide collaboration and access to justice

Professional Involvement

Collaborative efforts promoting state-wide collaboration and access to justice in Tennessee

Experience

Over 20 years representing clients with disabilities in ADA and IDEA cases. Taught students with disabilities in public schools for ten years. Served as an Educational Diagnostician for four years in the Psychiatric Hospital at Vanderbilt. Her client cases resulted in systemic improvements to legislation on provision of anti-seizure medication in school settings and protections from dangerous misuse of restraint and seclusion of students with disabilities, as well as changes to dangerous and discriminatory policies in health care settings.
Amanda M. Stewart

Amanda M. Stewart

The Law Office of Keith Altman, PLLC

Education professional with over twenty years of experience committed to ensuring every student receives a quality and challenging education, with expertise in administration, special education, and health education.

Education & Credentials

Doctor of Education Degree (Higher Education) from Walden University; Bachelor of Science from University of Maryland Eastern Shore; Master's in Education, Administration and Supervision from Bowie State University; Maryland Administrative I & II certifications; Advanced Professional Certificate in Biology, Special Education, and Health Education

Professional Involvement

Actively engaging in local community in Waldorf, Maryland

Experience

Over twenty years of experience in education with commitment to ensuring quality education for every student.
Sherry Wilds

Sherry Wilds

The Law Office of Keith Altman, PLLC

Experienced disability civil rights attorney who has represented clients with disabilities for over 20 years in access to services cases under the Americans with Disabilities Act (ADA) and education cases under the Individuals with Disabilities Education Act (IDEA).

Education & Credentials

Juris Doctor from Nashville School of Law; Master of Education in Curriculum and Instruction from Carson-Newman University; Bachelor of Science in Special Education from Carson-Newman University

Recognition & Leadership

B. Riney Green Award from Tennessee Alliance for Legal Services for promotion of state-wide collaboration and access to justice

Professional Involvement

Collaborative efforts promoting state-wide collaboration and access to justice in Tennessee

Experience

Over 20 years representing clients with disabilities in ADA and IDEA cases. Taught students with disabilities in public schools for ten years. Served as an Educational Diagnostician for four years in the Psychiatric Hospital at Vanderbilt. Her client cases resulted in systemic improvements to legislation on provision of anti-seizure medication in school settings and protections from dangerous misuse of restraint and seclusion of students with disabilities, as well as changes to dangerous and discriminatory policies in health care settings.
Amanda M. Stewart

Amanda M. Stewart

The Law Office of Keith Altman, PLLC

Education professional with over twenty years of experience committed to ensuring every student receives a quality and challenging education, with expertise in administration, special education, and health education.

Education & Credentials

Doctor of Education Degree (Higher Education) from Walden University; Bachelor of Science from University of Maryland Eastern Shore; Master's in Education, Administration and Supervision from Bowie State University; Maryland Administrative I & II certifications; Advanced Professional Certificate in Biology, Special Education, and Health Education

Professional Involvement

Actively engaging in local community in Waldorf, Maryland

Experience

Over twenty years of experience in education with commitment to ensuring quality education for every student.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs