FND's Friday Facts - Questions About Discipline, Suspension and IDEA

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Ashe wrote: Questions About Discipline, Suspension and IDEA If you have any questions about the information contained within, or you'd like to find out more about Family Network on Disabilities FREE trainings, please visit our website at http://www.fndfl.org or call TOLL FREE in Florida 1-. Are students with disabilities subject to different standards when it comes to discipline? Yes and no.

While disabled and non-disabled students are actually subject to the same codes of conduct, disabled students are entitled to certain procedural safeguards. This is basically recognition in the law that a disabled student's misbehavior may be directly related to his or her disability, and the disability may limit the student's ability to control behavior or appreciate the consequences of conduct. For example, a student with a serious emotional disturbance may engage in inappropriate conduct directly resulting from the student's disability. What are the procedural requirements for a school system suspending a disabled student from school? This depends upon the length of the suspension. Students with disabilities are entitled to certain procedural

safeguards when a "change in placement" is being pursued for the child. School suspensions and expulsions may constitute a "change in placement" under certain circumstances. If the proposed suspension is for longer than 10 consecutive school days, the school system, through the IEP (individualized education program) team, must make a "manifestation determination." This must be done immediately, if possible, but not later than 10 school days after the disciplinary action has been taken. A pattern of multiple, short term suspensions of less than 10 days each may also constitute a "change in placement" depending upon the circumstances. This would also involve the manifestation issue. This "manifestation determination" is a process to determine if: (a) the student's IEP is appropriate and being implemented; ( the student's disability did not impair his or her ability to appreciate the consequences of the behavior; and © the student's disability did not impair the ability

of the student to control the behavior. If these conditions are true, then the student may be disciplined in the same manner as general education students. Can parents challenge this manifestation decision? Yes. Parents may request an expedited hearing if they disagree with the decision that the misbehavior was not a manifestation of the child's disability. The child's current placement must be maintained pending a hearing. This right of parents to prohibit a proposed change in placement pending a hearing is called the "stay-put" provision. Are there other requirements when suspending a disabled student for more than 10 school days? Yes. The IDEA requires the IEP team to make a "functional behavioral assessment" and develop a "behavioral intervention plan" to address the student's behavior. If a plan has previously been developed, it must be reviewed by the IEP team and modified, if necessary. Are there exceptions to the right of parents to exercise the "stay-put" provision when a school system seeks suspension of a disabled student for more than 10 days? Yes. Notwithstanding the parents' desire to invoke the "stay-put" provision, the IDEA allows school officials to unilaterally make a change in placement to an "interim alternative educational setting" for not more than 45

calendar days if the child possesses a dangerous weapon at school or at a school function or the child knowingly possesses, uses, sells, or solicits the sale of a controlled substance at school or at a school function. Also, the 45-day rule can be exercised where a hearing officer determines a student is substantially likely to cause an injury to the student or others. School systems may also seek removal of a disabled student who is dangerous by asking a federal court to intervene. What services must be provided to disabled students when they are suspended from school? If the suspension is for less than 10 days cumulatively, no services have to be provided unless services are provided to similarly regular education students during suspension. If a

student is suspended for more than 10 days in a school year, the school system must provide services necessary to enable the child to progress in the general curriculum and appropriately advance toward achieving IEP goals. This was a major change in the IDEA reauthorization. Want to know more? We offer over 30 online tutorials on our website. You can find them at http://www.fndfl.org/PEN/Tutorials/index.htm If you have any questions about the

information contained within, or you'd like to find out more about Family Network on Disabilities FREE trainings, please visit our website at http://www.fndfl.org or call TOLL FREE in Florida 1-. Are students with disabilities subject to different standards when it comes to discipline? Yes and no. While disabled and non-disabled students are actually subject to the same codes of conduct, disabled students are entitled to certain procedural safeguards. This is basically recognition in the law that a disabled student's misbehavior may be directly related to his or her

disability, and the disability may limit the student's ability to control behavior or appreciate the consequences of conduct. For example, a student with a serious emotional disturbance may engage in inappropriate conduct directly resulting from the student's disability. What are the procedural requirements for a school system suspending a disabled student from school? This depends upon the length of the suspension. Students with disabilities are entitled to certain procedural safeguards when a "change in placement" is being pursued for the child. School suspensions and expulsions may constitute a "change in placement" under certain circumstances. If the proposed suspension is for longer than 10 consecutive school days, the school system, through the

IEP (individualized education program) team, must make a "manifestation determination." This must be done immediately, if possible, but not later than 10 school days after the disciplinary action has been taken. A pattern of multiple, short term suspensions of less than 10 days each may also constitute a "change in placement" depending upon the circumstances. This would also involve the manifestation issue. This "manifestation determination" is a process to determine if: (a) the student's IEP is appropriate and being implemented; ( the student's disability did not impair his or her ability to appreciate the consequences of the behavior; and © the student's disability did not impair the ability of the student to control the behavior. If these conditions are true, then the student may be disciplined in the same manner as general education students. Can parents challenge this manifestation

decision? Yes. Parents may request an expedited hearing if they disagree with the decision that the misbehavior was not a manifestation of the child's disability. The child's current placement must be maintained pending a hearing. This right of parents to prohibit a proposed change in placement pending a hearing is called the "stay-put" provision. Are there other requirements when suspending a disabled student for more than 10 school days? Yes. The IDEA requires the IEP team to make a "functional behavioral assessment" and develop a "behavioral intervention plan" to address the student's behavior. If a plan has

previously been developed, it must be reviewed by the IEP team and modified, if necessary. Are there exceptions to the right of parents to exercise the "stay-put" provision when a school system seeks suspension of a disabled student for more than 10 days? Yes. Notwithstanding the parents' desire to invoke the "stay-put" provision, the IDEA allows school officials to unilaterally make a change in placement to an "interim alternative educational setting" for not more than 45 calendar days if the child possesses a dangerous weapon at school or at a school function or the child knowingly possesses, uses, sells, or solicits the sale of a controlled substance at school or at a school function. Also, the 45-day rule can be exercised where a hearing officer

determines a student is substantially likely to cause an injury to the student or others. School systems may also seek removal of a disabled student who is dangerous by asking a federal court to intervene. What services must be provided to disabled students when they are suspended from school? If the suspension is for less than 10 days cumulatively, no services have to be provided unless services are provided to similarly regular education students during suspension. If a student is suspended for more than 10 days in a school year, the school system must provide services necessary to enable the child to progress in the general curriculum and appropriately advance toward achieving IEP goals. This was a major change in the IDEA

reauthorization. Want to know more? We offer over 30 online tutorials on our website. You can find them at http://www.fndfl.org/tutorials.asp