discipline of students with disabilities

Presented by:
Donald Griffin
Education Specialist
Division of Performance and Accountability
Bureau of Indian Education
Sponge or Sieve?
Discipline Procedures
How are Students with Disabilities Disciplined?
• Students receiving special education
services may be disciplined like any
other student for up to 10 school
days a year.
Students with Disabilities are
Treated Differently
Let’s look at:
• 10 Day Rule
– FAPE Free Zone
• On the 11th Day
– Special Protections and Procedures
(Short-term suspension of 10 days or less)
• For 10 cumulative days during the
school year, schools have the authority
to remove a student with a disability:
without parental consent
without providing services;
without conducting an MDR; and
without convening an IEP Team meeting.
• Except that students with disabilities retain
the same rights as nondisabled students.
Authority of School Personnel
What happens if the Student violates a code
of student conduct again?
On the 11th Day…….
• Beginning on the 11th day, after a student with a
disability has been removed from his or her
current placement for 10 school days in the same
school year, the school must provide educational
services to the student that will enable the
student to progress in the general curriculum and
advance toward meeting the IEP goals.
• School Principal Determination of “Pattern of
Factors in determining
“pattern of removals”
IDEA §300.536 provides that a pattern would exist—
• when the series of removals total more than 10 school
days in a school year;
• when the student’s behavior is substantially similar
to the student’s behavior in previous incidents that
resulted in the series of removals; and
• when additional factors exist such as the length of each
removal, the total amount of time the student has been
removed, and the proximity of the removals to one another.
Case Study #1
Samantha, a student with a
disability, is suspended from school for
6 days in November . Then another
3 days in February and 1 day in April.
Does that constitute a pattern of
removals that amount to a change of
placement for Samantha?
Case Study #2
How about this situation, Samuel,
a student with a disability, has been disciplined
for several incidents during the school year.
• Two separate incidents of throwing food at
children in the cafeteria, each time resulting
in a suspension of one day in September
and October.
• Pulling the fire alarm in November, he received a five-day suspension.
• Fighting in class in December, he received a two days suspension.
• And, setting off the sprinkler system in the school with a lighter in February, he
received a two days suspension.
Could the school principal determine that
Samuel's removals constitute a pattern
and, thus, a change of placement?
Yes. Samuel has accumulated a series of
removals that total more than 10 school
days in a school year.
Authority of School Personnel
New Authority
School personnel may consider any unique
circumstances on a case-by-case basis in
determining whether a change of placement is
appropriate for a child with a disability.
Short-term Suspension of 10 Days or
More, Not a Change in Placement
• Beginning on the 11th day, school must provide
educational services
• School Principal will consult with at least one of the
student’s teachers to determine needed services
• School Principal reviews suspension to determine if
pattern of exclusion exist
Short-term Suspension of 10 Days or
More, Not a Change in Placement
• Within 10 days after the 11th total day of discipline
removal in a school year, an IEP team meeting must
be held
– To plan for a “Functional Behavior Assessment”
– Develop a “Behavior Intervention Plan”
• If these already exist:
– Review and revise them, as needed
– Review IEP, determine educational services student will
receive while assigned to disciplinary setting
Suspensions of 10 Days or More,
Considered a “Change of Placement”
• Parents are provided with a notice of the proposed
disciplinary action and a copy of Parent Rights and
Procedural Safeguards
• An IEP team meeting is convened within 10 days
after the initial removal date.
– Conduct a Manifestation Determination
Behavior caused by the student’s disability
IEP and program appropriate at time of the behavior
All services and supports in IEP were provided
Student’s disability impaired his/her ability to understand
impact and consequences of the behavior or the ability to
control the behavior.
Manifestation Determination
New Standards in IDEA
Manifestation Determination
If Yes--
Manifestation Determination
If No–
(Determination is that behavior is not a manifestation)
Student is disciplined in the same manner and
for the same length of time* as a student
without disabilities would be disciplined
except that services provisions apply
* Student continues to receive services as
described in 300.530(d)
Interim Alternative Educational Setting
Special Circumstances
(Removal for Weapons & Drugs)
34 CFR §300.530, 300.531, 300.535
Interim Alternative Educational Setting
Special Circumstances
(Removal to Prevent Injury)
34 CFR §300.530
SWD * can be expelled when:
1) Behavior not manifestation of
student’s disability
2) Student has appropriate FBA and BIP
3) If a nondisabled student would be
expelled in a similar circumstance
IDEA § 300.530
* Student continues to receive services as described in 300.530(d)
Appeals Rights
Requesting an appeal…
• Parents may appeal decisions
regarding placement of their child
• Parents may appeal decisions regarding
Manifestation Determination
• The school may appeal a decision to
maintain the current placement, if the
school believes that maintaining the
current placement of the student is
substantially likely to result in injury to
the student or others
IDEA § 300.530, 300.531
No, not that kind
of peel!
Student’s Placement During Appeals
Or there?