DISCIPLINE AND STUDENTS
WITH DISABILITIES

 Violation of any school rule/1st Exclusion:

bullet  Goss v. Lopez informal meeting between the student and the principal; student is given notice of charges and an opportunity to tell her/his story prior to suspension unless it’s an emergency

bullet  May be temporarily removed for up to 10 school days at a time by the principal

bullet  No requirement to provide educational or support services during the first ten school days of removal

bullet  No requirement to conduct manifestation determination or functional behavior assessment, or review positive behavior support plan

Violation of a school rule/2nd Exclusion:

bullet  Goss v. Lopez informal meeting between the student and the principal; student is given notice of charges and an opportunity to tell her/his story prior to suspension unless it’s an emergency

bullet  May be temporarily removed for up to 10 school days at a time by the principal

bullet  School personnel, including the special education teacher, determine what educational services are needed to progress in the general curriculum and achieve IEP goals

bullet  No requirement to conduct manifestation determination or functional behavior assessment, or review positive behavior support plan, unless the removal constitutes a “change of placement”

bullet  A change of placement occurs if a child is:

Removed for more than 10 consecutive school days, or

Subjected to a series of removals that constitute a “pattern” because:

bullet  They are more than 10 school days during the school year, and

bullet  Factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another

bullet  If the removal is a change of placement, the school must follow the requirements for an exclusion of greater than 10 consecutive school days.

Violation of a school rule that could result in an exclusion greater than 10 consecutive school days:

bullet  Due process requirements to determine if the student committed the conduct, and if so, the appropriate sanction

bullet   IEP team convenes with parent to:

Review current behavior plan

Determine if modifications are necessary

Conduct functional behavior assessment, if none has been conducted

Manifestation determination conducted

Manifestation Determinations

bullet   If it’s NOT a manifestation,

The student may be disciplined like all other students

IEP Team & parent determine the services necessary to progress in the general curriculum and achieve IEP goals

bullet   If it IS a manifestation of the child’s disability:

The child may not be punished for behavior that is a manifestation of his or her disability

Parental Procedural Safeguards:

bullet   If the parent disagrees with the determination of the school district with regard to:

bullet  Functional behavior assessment,

bullet  Positive behavior support plan,

bullet  Manifestation determination, or

bullet  Determination of whether or not the exclusion represents a “pattern”/change of placement,

S/he may:

bullet  Request mediation or a due process hearing

bullet  After 10 consecutive days of exclusion, the child returns to pendency placement pending the resolution of the hearing, unless the school gets a court injunction

SPECIAL BEHAVIORS

Special rules apply if a student:

bullet  Possesses or uses a weapon (as defined by U.S. Criminal Code) at school, on school property, or at a school function

bullet  Possesses or uses illegal drugs (under U.S. Criminal Code) at school, on school property, or at a school function

bullet  Engages in behavior that is “substantially likely” to result in injury to self or others

What if it’s weapons or drugs?

bullet  Goss v. Lopez informal meeting between the student and the principal; student is given notice of charges and an opportunity to tell her/his story

bullet  Due process requirements to determine if the student committed the conduct, and if so, the appropriate sanction

bullet  Notify the parent of the behavior, the school’s intention to seek a removal for up to 45 days, and the upcoming IEP meeting

bullet  Within 10 days, convene the IEP team to:

bullet  Review/revise current behavior plan

bullet  Conduct functional behavior assessment, if none has been conducted

bullet  Identify appropriate interim alternative educational placement

What if it’s “dangerous behavior”?

bullet  Request an expedited due process hearing before an impartial hearing officer, who must determine by “substantial evidence”:

bullet  The behavior is significantly likely to result in injury to self and/or others

bullet  The school made reasonable efforts to minimize the risk of harm

bullet  The student cannot be effectively and safely maintained in current placement

bullet  The proposed alternative placement will allow progress in the curriculum, progress to IEP goals, all IEP services, and additional services to assist the student to address the behavior

What if the parent disagrees?

bullet  The parent may request an expedited hearing, but the student remains in the interim alternative educational setting pending the results of the hearing

What happens after 45 days?

bullet  The school may extend the removal if the removal was for possession/use of drugs or weapons

bullet  The school may request an extension of the 45 days from the hearing officer if the removal was for “dangerous” behavior

bullet  The parent and school may agree on a different placement

bullet  The student returns to his/her original placement if none of the above occur

 

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