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

Sherry Wilds | The Law Office of Keith Altman, PLLC

Sherry Wilds is an 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 Educations Act (IDEA). Prior to receiving her Juris Doctor from Nashville School of Law, she received a Master of Education in Curriculum and Instruction and a Bachelor of Science in Special Education from Carson-Newman University.

Sherry has spent her career working to provide opportunities for individuals with disabilities to achieve their potential in workplace, community, and educational environments. She taught students with disabilities in public schools for ten years and served as an Educational Diagnostician for four years in the Psychiatric Hospital at Vanderbilt. As an attorney, she received the B. Riney Green Award from Tennessee Alliance for Legal Services for her promotion of state-wide collaboration and access to justice. Her collaborative efforts and 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 | The Law Office of Keith Altman, PLLC

Amanda M. Stewart earned her Doctor of Education Degree (Higher Education) from Walden University, a Bachelor of Science degree from the University of Maryland Eastern Shore, and a Master’s in Education, Administration and Supervision from Bowie State University. She holds Maryland Administrative I & II certifications and an Advanced Professional Certificate in Biology, Special Education, and Health Education. With over twenty years of experience in education, Amanda is committed to ensuring every student receives a quality and challenging education. She firmly believes in the transformative power of education for individuals and families alike. Amanda resides in Waldorf, Maryland, with her husband and son, actively engaging in her local community.

I. Constitutional due process in schools | 1:00pm – 1:30pm

• Historical development of student discipline law
• The legal responsibilities of school officials

II. Student rights and protections for students with disabilities | 1:30pm – 2:00pm

• Individuals with Disabilities Education Act (IDEA)
• Section 504 of the Rehabilitation Act
• Americans with Disabilities Act (ADA)

Break | 2:00pm – 2:10pm

III. Specific procedural safeguards and legal tools | 2:10pm – 2:40pm

• Manifestation determination reviews (MDRs): Implementation and legal significance
• Functional behavioral assessments (FBAs): Appropriate use and legal obligations
• Behavior intervention plans (BIPs): Best practices and legal requirements

IV. Emerging issues | 2:40pm – 3:10pm

• Regulations governing the use of restraint and seclusion