Student Discipline - Part II - Special Education

In addition to the restrictions listed in Part I. Administrators must ensure they follow additional guidelines when disciplining a student with a disability. The rights conferred to a student depend on which of the major provisions may apply to a particular student. We will be looking a protections provided by the Individual with Disabilities Act (IDEA) but the American Disabilities Act and Section 504 of the Rehabilitation Act may also apply. To learn more on who is covered by each of the aforementioned Acts click HERE. Much of the information below can be found in Bill Wilson's presentation. See the Resource Page for the link to that presentation.

Short-Term Suspensions 

Discipline guidelines are primarily limited to those that are classified as "Long-Term" (More than ten (10) cumulative days per school year). In the event of a "Short-Term" suspension, there is generally no duty to provide the student with more than due process. As such, the district would not be required to a manifestation review, behavior intervention plans, or alternative services. 20 U.S.C. § 1415(k). However, it is best practice to conduct an IEP meeting to assess the behavior and provide preemptive measures to afford success. This process can also be helpful to the school in the event of an investigation. 

In-School and Bus Suspensions 

Generally, in-school suspensions do not count toward the 10 days so long as the student is provided with access to their curriculum and continue to receive the services provided in their IEP. Concurrently, unless the transportation is provided for in the student's IEP, a bus suspension alone would not count toward the student's ten days. It is also important to note that a student sent to the office or placed in "time-out" does not count toward the student's 10 days, however, one needs to ensure these are isolated incidences. In-turn, a school may not ignore the 10-day maximum by removing the student for half of a day. For example, if Student A is removed multiple times for half of a day, those removals would indicate a pattern of exclusion and likely count toward the students' 10-day maximum. When determining whether such a pattern is present the courts use a three-factor analysis including: (1) the length of each removal, (2) total days removed, (3) the proximity of removals from one another. Essentially the cumulative small removals, if the aforementioned criteria are met, have made a “change in placement” (COP) affording the student all the protections of IDEA. 

Long-Term Suspensions 

All removals exceeding 10 days constitute a COP. Before the 10th day, the school must provide notice to the parent and conduct a manifestation meeting (See Below). Concurrently, the school must provide a behavior assessment and intervention services specifically designed to address the violations in question. The same protections are also available for students covered under Section 504. 

Manifestation “M-Team” Meetings

The purpose of the manifestation hearing is to determine whether the student's long-term removal can occur. If the student's behavior was caused by or substantially related to their disability, the school may not remove the child. Additionally, if the behavior is a result of the school's failure to implement the student's IEP, the removal would be prohibited. 20 U.S.C. § 1415(k)(1)(E). 

If the meetings cannot be setup immediately. The school has a duty to provide services in the interim alternative setting that was determined by the IEP team. It is important to note a difference here between 504 and IDEA. Under IDEA, a parent must be a member of the manifestation team, whereas a similar 504 student would not require such parental involvement. However, as mentioned before, including the parent in such MTEAM meetings concerning 504 students is advised.

Even if the behavior in question is not determined to be a result of the student's disability the school must still provide services to the student during the removal. However, Section 504 does not dictate any such requirement for students solely classified under 504. If on the contrary, the behavior is related to the student's disability, the school must conduct a behavior assessment and develop a behavior plan. 

Exceptions To Long-Term Suspensions 

Three exceptions allow administrators to remove a student with a disability for up to 45 days, however, the school must still provide services regardless of whether the behavior manifested from the student's disability. Those exceptions include:

1.     Carrying or possessing a weapon at school or a school function.

2.     Knowing possessing or using illegal drugs or soliciting the sale of a controlled substance.

3.     Serious bodily injury inflicted no another person.

a.     Serious bodily injury;

b.     Substantial risk of death;

c.     Extreme pain or disfigurement; or

d.     Loss of impairment of bodily member.

IDEA, ADA, and Section 504 contain an exhaustive amount of protections for students with disabilities. As such, the contents herein are not intended as legal advice. If you have a student with a disability, you should contact a local attorney who is familiar with these provisions. 

From Excellent Site “Telios Teaches” Check them out at www.teliosteaches.com