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 From Kirsch-Goodwin & Kirsch, PLLC, Education Attorneys When we speak of restraints in school, we are usually referring to physical, such as being held by a staff member or mechanical, such as straps or handcuffs. Isolation is when a student is restricted to a certain location involuntarily and not permitted to leave.  Some schools have rooms they call seclusion or, euphemistically, “scream rooms” or “calming rooms.”  To the extent that restraint could be considered corporal…
 By Kirsch-Goodwin & Kirsch, PLLC, Arizona Education Attorneys          Discipline of students in Arizona public schools is covered in Arizona Revised Statutes at Title 15 (Education), Chapter 8 (School Attendance), Article 3 (Suspension and Expulsion of Pupils), Sections 15-840 through 15-844.  In Arizona, all students are required to comply with school rules and submit to the authority of teachers and school administrators. A.R.S. § 15-841(A).   Students with IEPs and 504 Plans…
 Arizona Education Lawyers The IDEA protects students with disabilities in disciplinary proceedings that may result in long term suspension or expulsion. Suspension over 10 days in a school year requires a Manifestation Determination Review (“MDR”). A student with a disability (with an IEP) may be suspended for up to 10 school days in a school year without FAPE being provided.  Suspension for more than 10 school days is considered a long term suspension.  …
 Bullying – When Special Needs Students Are the Victims or Instigators By Arizona Education Attorneys            What is Bullying?  Bullying is unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time. Both students who are bullied and who bully others may have serious, lasting problems. In order to be considered bullying, the behavior…
 COVID-19 & Online Learning Risks From Kirsch-Goodwin & Kirsch, Arizona’s Education Lawyers First, it is important to distinguish between distance learning an online learning.  Not all distance learning is online.  Online learning is learning on the computer; it is one aspect of distance learning.  Distance learning can be on-line – synchronous or recorded – and it can be papers and projects, audio, or anything remote that is not brick-and-mortar. Risk of on-line instruction revolve around…
From Kirsch-Goodwin & Kirsch, PLLC Transgender is an umbrella term for persons whose gender identity or expression (masculine, feminine, other) is different from their sex (male, female) at birth.  Gender identity refers to one’s internal understanding of one’s own gender, or the gender with which a person identifies. Gender expression is a term used to describe people’s outward presentation of their gender.  Gender identity and sexual orientation are different facets of identity. Everyone has a gender identity and a…
  Child Find  Lori Kirsch-Goodwin, Esq. and Hope N. Kirsch, M.A.Ed., Esq. Kirsch-Goodwin & Kirsch, PLLC 8900 East Pinnacle Peak Rd., Suite 250 Scottsdale, Arizona 85255 (480) 585-0600 www.azspecialeducationlawyers.com All children with disabilities, including children with disabilities who are homeless children or are wards of the State – and children with disabilities attending private schools – regardless of the severity of their disabilities, and who are in need of special education and related services, must…