Disciplining Students with Disabilities Kristina Krampe, 2005 EDS 513: Legal Issues in Special Education

Introduction to the Presentation Prior to beginning this presentation, you should read Chapter 14 of Yell’s (2006) The Law and Special Education, 2nd Edition Upon completion of this session, you should be able to discuss discipline requirements under the IDEA

Right to Fair Procedures Schools must develop reasonable school rules & clearly communicate them to all students Consequences should be rational and fair For short-term suspensions, students must be notified orally or in writing of charges and have the chance to state their case

Right to Fair Procedures All students should be disciplined the same, unless an alternate discipline plan is included in the student’s IEP or 504 plan Written notice followed by a formal hearing is required for long-term suspensions Conduct a manifest determination for long- term suspensions or changes of placements for a student with a disability

Right to Reasonableness Do not punish conduct that has no adverse effect on education Rules must be specific and definitive Discipline procedures must be in proportion to the gravity of the offense

Addressing Problem Behavior Challenging behaviors must be addressed in the IEP, regardless of the student’s disability category (i.e., not just for students labeled EBD) Conduct functional behavioral assessment (FBA) within 10 days: For suspensions of more than 10 days When placed in an interim alternative educational setting (IAES) If a change of placement occurs

Addressing Problem Behavior Develop a behavior intervention plan (BIP) focused on positive behavior intervention and supports (PBIS) Detail permissible discipline procedures as well as crisis intervention plan in BIP Most discipline procedures are allowed under the IDEA

Discipline Procedures Suspensions of more than 10 consecutive days constitute a change in placement Educational services must be provided after suspensions equal 10 or more cumulative days Many short-term suspensions may be indicative of a faulty IEP and result in a violation of FAPE

Discipline Procedures A series of short-term suspensions is a change in placement if a pattern can be established Long-term suspensions (up to 45 school days) allowed when student: Has a weapon at school or a school function Has illegal drugs, or sells a controlled substance, at school or a school function Inflicts serious bodily injury to another person at school or a school function

Manifestation Determination Manifestation determination occurs w/in 10 days after disciplinary action that results in a change of placement Manifestation determination is a hearing to determine whether misconduct was caused by or related to the student’s disability If no relationship exists, normal discipline can be implemented

Manifestation Determination If there is a relationship, FBA is conducted and BIP implemented, or existing BIP is reviewed IEP team looks at appropriateness and implementation of IEP and placement

Interim Alternative Educational Settings An IAES can be used: For short-term suspension of 10 consecutive days or less; no educational services required For long-term suspensions; educational services required When ordered by hearing officer for dangerous behaviors IAES is the stay-put placement during disagreements over disciplinary actions

Students Not Yet Eligible for Special Education Student protected if prior knowledge of disability exists: Parental concern in written form Parental referral for evaluation School personnel expressed concern about behavior to special education director or school administration Protection does not apply after parent refuses to consent to an evaluation

Students Not Yet Eligible for Special Education If an evaluation is requested during disciplinary period, it is to be conducted in an expedited manner Stay-put provision can’t be used to avoid suspension or expulsion

Law Enforcement and Courts District can request restraining order if it provides substantial evidence that student is likely to harm others and personnel have reasonably attempted to minimize the risk Crimes can be reported to police Student records can be shared with law enforcement and courts

Permissible Disciplinary Procedures Procedures typical used are permissible: Response cost Detention Verbal reprimands Warnings Contingent & exclusionary time-out Temporary delay/removal of goods, services, or activities Physical restraint & immediate suspension in emergencies

Controlled Disciplinary Procedures Some procedures are permissible when used appropriately: Seclusion/isolation time-out In-school suspension (provide written policy, warning, parent notification, appropriate supervision, FAPE, and documentation) Out-of-school suspension (up to 10 days, includes transportation)

Prohibited Disciplinary Procedures Some procedures are not allowed, unless procedural safeguards are implemented: Long-term suspension Expulsion Corporal punishment Manifestation determination must be conducted to determine legality Educational services must continue to be provided

School District Responsibilities Develop and share discipline policies and procedures with parents, students, and school staff (i.e., student conduct, rules and consequences, due process rights) Ensure that school staff understand and implement the dual disciplinary standards for students covered under the IDEA and Section 504

School District Responsibilities Develop and consistently implement a detailed BIP based on a FBA, regardless of student’s disability category Document in written form all discussions related to discipline as well as all disciplinary actions taken Ensure school personnel evaluate the effectiveness of disciplinary procedures