Chapter 6
Behavior & Student Discipline
The purpose of this chapter is to provide guidance and supports for
teachers and administrators when working to support student behavior of
students with special needs, parameters and guidance with student discipline.
Functional Behavioral Assessments
"Functional behavioral assessment" or "FBA" means a process for
gathering information to maximize the efficiency of behavioral supports. The
majority of student behavior is purposeful, and the behavior (appropriate and
inappropriate) relates to the context(s) in which it occurs. Past-to-present events
influence behavior. FBA’s provide a predictive function to improve the
understanding of the causes of behavior, to facilitate hypothesis-driven
interventions, to assist with skill building rather than punishment and increase
chance of positive student outcomes.
When a Functional Behavioral Evaluation is Required?
A Functional Behavioral Assessment is required when:
 a student is evaluated for an emotional and behavioral disorders
disability (Minnesota Rule 3525.1329).
 an IEP team makes a determination that conditional procedures
should be in a student’s comprehensive behavior intervention plan
(Minnesota Rule 3525.2710 Subp. 4F).
 an IEP team wants to consider strategies, positive behavioral
interventions, and supports to address a student behavior that
impedes his or her learning or that of others.
 a pattern of removal has the effect of a change in placement for a
student.
 an IEP team is considering a more restrictive placement due to
behavioral concerns.
 emergency conditional procedures are used twice in a 30 calendar
day period, or when the IEP team determines it’s needed.
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The data that is gathered through a Functional Behavior Assessment
forms the basis to develop Behavior Intervention Plans (BIP).
FBA Reporting Components
The FBA can be part of an initial or reevaluation or it can completed as a
stand alone report. The following components of the FBA must be addressed in
the via a supplemental evaluation report or via an initial or reevaluation
evaluation report:
 Description of problem behaviors: Challenging behaviors defined in
observable and measurable terms (i.e., one can see and count the
behavior)
 When the behavior is most likely to occur: Identification of events, times,
and situations that predict the occurrence of the behavior
 When the behavior is least likely to occur: Identification of events, times,
and situations that predict the nonoccurrence of the behavior
 Identifies the Antecedents, Consequences, and Reinforcers that maintain
the behavior
 Hypothesis statement: Possible functions of the behavior
 Replacement behaviors: Possible positive alternative behaviors
 Assessment tools: Includes a variety of data collection methods and
sources that facilitate the development of hypotheses and summary
statements regarding behavioral patterns.
FBA Data Collection Tools
The purpose of data collection is to objectively support (or deny) a relation
between a students behavior and environmental events. It provides preintervention information that is useful for determining the significance of the
problem behavior and the effects of environmental, curricular, and replacement
behavior manipulations. It also provides a baseline for hypotheses statements
that will guide behavior support plan development.
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The following data collection tools and activities are commonly used when
conducting an FBA. It is required to list these tools and activities on the Notice of
Evaluation.
 Parent and staff interviews can be conducted individually or through
team process
 Student interview
 Frustration and stress survey
 Direct Observations of Student
 File Review: Carefully review information for patterns and necessary
information
District FBA Expectations
 A team approach is important when completing the evaluation process
of behavior.
 It is not the role of the school psychologist to conduct the entire FBA.
 A lead is needed to coordinate assessment and gather information.
 Data collection requires communication and collaboration among team
members -who collects what information can vary.
FBA Timelines
A parent’s written consent must be obtained before a district proceeds
with a FBA. The district may proceed if it can demonstrate and document that it
has taken reasonable measures to obtain parent consent and the parent has not
responded after 14 calendar days. Reasonable measures to obtain parent
consent means more than one attempt.
The FBA evaluation report must be written within 30 school days after
receiving parent/guardian signature. The date of the evaluation report signifies
completion of the evaluation.
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FBA Requirements Related to Suspensions/Removals
Student removed for 1 school
day or less (but not suspended)
Student suspended for less
than 5 consecutive school days
Student suspended for 5 to 10
consecutive school days
Student removed for 10
cumulative school days in a
school year or less
Student removed for 11
cumulative school days in a
school year or more
Student placed on in-school
suspension
Parent requests a manifestation
determination following any
removal for disciplinary reasons
Student suspended from the
bus
IEP Team
Meeting
Required
No*
Manifestation
Determination
Required
No*
Functional Behavioral
Assessment Plan
Required
No*
No*
No*
No*
Yes
Yes
No*
No
No
No
Yes
Yes
Yes
No**
No**
No**
Yes
Yes
No*
Depends***
Depends***
Depends***
Behavior Intervention Plans
For a child whose behavior(s) impedes his or her learning or that of
others, the IEP team shall consider strategies, positive behavioral interventions,
and supports that address the behavior. Consideration of a behavior intervention
plan should only be developed once a Functional Behavioral Assessment (FBA)
has been conducted.
The objective of any behavioral intervention must be the following:
 pupils acquire appropriate behaviors and skills
 skill acquisition focus rather than merely behavior reduction or
elimination
 designed to allow a student to benefit from an appropriate,
individualized educational program
Any student with a disability can have a Behavior Intervention Plan (BIP).
A BIP should be in place if conditional procedures are used. Once in place, they
must be reviewed with entire school team that works with the student.
When in place, team members should be aware that most behavior does
not improve immediately. A minimum of six weeks is needed before target
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behaviors decrease. Target behaviors usually escalate during the initial six week
intervention.
BIP Process
The IEP process must be used when developing a BIP and the district
must have permission to implement it. The district has developed a BIP form to
be attached to the IEP and documented in the IEP adaptation section.
A BIP can be withdrawn anytime by the parent.
Components of a BIP
There are seven components to a BIP.
 Target Behaviors: Target behaviors identified should align with the target
behaviors on the FBA. Target behaviors must be observable and
measurable and can be aligned with behavioral goals and objectives on
the IEP.
 Replacement Behaviors: Replacement behaviors are positive and
observable and replace the undesired behavior
 Proactive Strategies: Describes the strategies, methods or programming
implemented to teach the replacement behaviors
 Crisis Plan: Outlines the steps the school team will follow in a crisis
situation. It can include the use of manual restraints and locked time out
rooms which are not prohibited.
 Risks:
 Coordination activities with family:
 Process for Review:
 Personnel Responsible for Implementation:
Prohibited Behavioral Procedures
The following procedures may not be used under any circumstance
 Corporal punishment
 Assuming a specified position
 Use of light and sounds, noxious smells, sprays as an adverse stimulus
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 Denying or restricting access to equipment such as hearing aids,
communication boards
 Faradic shock
 Restriction of auditory or visual sense
 Withholding water or meals, access to toilets
Conditional Procedures & Emergency Procedures
Conditional procedures may be used in emergency situations or as
outlined in the BIP. If they are used in an emergency situation, they must be used
to protect one pupil from another person from physical injury or emotional abuse
due to verbal/nonverbal threats or to prevent property damage. If they are used
twice in a 30 day period, an IEP team meeting must be held to determine if FBA
and/or services are adequate.
If they are outlined in the BIP, then the team can used them as outlined in
the BIP.
Conditional Procedures Are:
 Manual restraint
 Manual or locked restraints intended to prevent injury
 Time out procedures for seclusion in a specially designed room
 Temporary delay of meals or water for no more than 15 minutes
Use of Locked Time Out Rooms
If a locked time out room is used, wording in the BIP must address:
 Criteria to return the student back to the desired activity
 When used, that staff will monitor student
 When used, student will have access to water and bathroom every 15
minutes
 When used, staff will document the number of student occurrences
Time out rooms must be
 Tamper proof
 Have an observation window
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 Meet all fire and safety codes
 Have heat, cooling and proper ventilation
 Space size of 5’ by 6’ and large enough for the student to stand
Discipline for Students with Disabilities
When students with disabilities are disciplined for a violation of the
Standards or Student Conduct, it is critical for building administrators and a
student’s case manager work through this process together. While it is the
administrator’s role to assess conduct violations and determine discipline for the
violation, it is the case manager’s role to assure that appropriate due process
procedures are being followed as outlined in this chapter. It is crucial to
accurately track and document all suspensions and removals.
Student removed for 1 school
day or less (but not suspended)
Student suspended for less
than 5 consecutive school days
Student suspended for 5 to 10
consecutive school days
Student removed for 10
cumulative school days in a
school year or less
Student removed for 11
cumulative school days in a
school year or more
Student placed on in-school
suspension
Parent requests a manifestation
determination following any
removal for disciplinary reasons
Student suspended from the
bus
IEP Team
Meeting
Required
No*
Manifestation
Determination
Required
No*
Functional Behavioral
Assessment Plan
Required
No*
No*
No*
No*
Yes
Yes
No*
No
No
No
Yes
Yes
Yes
No**
No**
No**
Yes
Yes
No*
Depends***
Depends***
Depends***
The “Ten Day” Clock
Discipline for student with disabilities is different than for students not
identified with a disability. Any student with a disability may be removed for up to
10 school days a year. When the removal reaches the tenth day, the due process
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protections afforded to the student under FERPA and IDEIA 2004 may limit
certain disciplinary actions.
The ten-day “clock” is based on the school year, not on the placement of
the student. The language of the federal regulations clearly refers to days of
removal in a school year. Also, the ten-day “clock” is not based on school of
attendance. The federal regulations do not have a provision to reset the ten days
because a student moves to a different school or district.
Portions of a school day that a student had been removed would be included in
determining whether the student had been removed for more than 10 cumulative
school days or subjected to a change of placement under 34 C.F.R § 300.519.
In School Suspensions
An in-school suspension would not be considered a part of the 10 days of
removal addressed in paragraph (a) of C.F.R. § 300.520 as long as the student is
afforded the opportunity to continue to appropriately progress in the general
curriculum, continue to receive the services specified on his or her IEP, and
continue to participate with non-disabled students to the extent they would have
in their current placement.
Suspensions or Removals for 5 or More Consecutive School Days
and for More than 10 Cumulative School Days
When a student is removed for 5 or more consecutive days or more than
ten cumulative school days in a school year, three things must occur:
1. A manifestation determination must be made.
2. The school must provide the services deemed necessary by school
personnel in consultation with the student’s special education teacher
to enable the student to appropriately progress in the genera
curriculum and advance toward achieving the goals set out in the
student’s IEP.
3. If an FBA has not been completed, the IEP team must convene and
develop an FBA plan. If an FBA has been completed, the IEP team
must review the plan and modify it as necessary.
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Suspensions from a Bus
Suspension from the bus counts against the 10 cumulative days of
removal if bus transportation is a part of the student’s IEP and the transportation
is necessary for the student to obtain access to the location where all other
services will be delivered. A bus suspension would be treated as a suspension
under 34 C.F.R. § 300.520 unless the school provides the bus service in some
other way. If the bus transportation is not a part of the student’s IEP, a bus
suspension would typically not be a suspension under 34 C.F.R. § 300.520 and
would therefore not be included in the 10 day count.
Suspension Re entry Plan Meetings
For any student with a disability, a suspension reentry meeting may occur
after the student was suspended.
Manifestation Meetings Related to Suspensions/Removals
Within 10 school days of any decision to change the placement of a child
with a disability because of a violation of a code of student conduct, the district,
the parent, and relevant members of the student’s IEP team (as determined by
the parents and the district) must review all relevant information in the student’s
file, including the student’s IEP, teacher observations, and any relevant
information provided by the parents, to determine: 1) If the conduct in question
was caused by, or had a direct relationship to, the child’s disability, or 2) If the
conduct in question was the direct result of the district’s failure to implement the
IEP.
This team meeting must occur if the student is removed for more than 5
consecutive or 10 cumulative school days and/or any time a removal constitutes a
change in placement. The IEP team must also determine whether the IEP is
appropriate and revise it.
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Documentation of the Manifestation Meeting
A manifestation meeting must occur within five days of the suspension.
IEP team must follow steps 1- 4 provided on the Manifestation Determination
Meeting form and document the team decision as to whether the behavior is or is
not considered a manifestation of the student’s disability.
If, as part of step 2, the IEP team determines the IEP is NOT appropriate,
it must propose changes to the IEP and provide notice of the proposed changes
to the parent. This may be done following the manifestation determination.
If the IEP team determines the district failed to implement the IEP, the
district must take immediate steps to remedy those deficiencies.
If the IEP team determines the student’s behavior was a manifestation of
the student’s disability, the IEP team must:
1) Conduct a FBA, unless the district had conducted a FBA before
the behavior that resulted in the change of placement occurred,
and implement a behavioral intervention plan, and modify it, as
necessary, to address the behavior; and
2) Return the student to the placement from which he or she was
removed, unless the parent and district agree to a change of
placement as part of the modification of the behavioral
intervention plan.
45 Day Unilateral Change in Placement
The student need not be returned to his or her placement, even though
the behavior was a manifestation of the student’s disability, if the child:

carries a weapon to school or possesses a weapon at school,
on school premises, or to or at a school function;

knowingly possesses or uses illegal drugs, or sells or solicits the
sale of a controlled substance, while at school, on school
premises, or at a school function; or

has inflicted serious bodily injury upon another person while at
school, on school premises, or at a school function. “Serious
bodily injury” is defined as bodily injury which involves:
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
a substantial risk of death;

extreme physical pain;

protracted and obvious disfigurement; or

protracted loss or impairment of the function of a
bodily member, organ or mental faculty.
“Bodily injury” means:

a cut, abrasion, bruise, burn, or disfigurement;

physical pain;

illness;

impairment of the function of a bodily member, organ,
or mental faculty; or any other injury to the body, no
matter how temporary.
In this scenario, the district would propose a program for the 45 day
placement change. The student would be placed or remain on homebound
services until an appropriate placement could be found.
If the parents do not agree that the student’s behavior was a manifestation
of his or her disability, they may request an expedited due process hearing to
challenge that determination. The district and parents may also agree to attempt
conciliation, mediation, or some other alternative to a hearing to resolve the
dispute.
Expulsions
When considering an expulsion for a student with a disability, the IEP
must first conduct a manifestation meeting. If the outcome was that the conduct
was a manifestation of the student’s disability, the team may initiate a change in
placement, but may not expel or suspend long term.
Disciplinary Records
If a separate disciplinary record/file is maintained by the administrator on
students with disabilities for disciplinary actions, those records are considered
part of the educational record and must follow the student.
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Altered School Day
This refers to altering the length of time that a student is at school as compared
to other students in the same grade level. An altered school day is sometimes
used for students with medical or mental health needs. Altered School Day is a
team decision based on the students needs, it is not to be used as a means to
discipline the child. Any days altered due to disciplinary reasons apply to
suspension as outlined under the Pupil’s Fair Dismissal Act.
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