Chapter14 Discipline

Disciplining Students
with Disabilities
Yell / The Law and Special Education, Second Edition

Copyright 2006 by Pearson Education, Inc. All rights reserved
IDEA and Discipline

All children deserve safe, well-disciplined
schools & orderly learning environments
Educators need the tools to prevent
misconduct & discipline problems
The law seeks a balanced approach
between need for safe schools & provision
of a FAPE
IEPS with behavior intervention strategies
can decrease discipline problems
Congressional Intent
To help schools respond appropriately
when students with disabilities exhibit
serious misconduct
To help IEP teams to appropriately address
problem behaviors through the IEP process
Assessment
Goals
Special education services and general
education modifications
Progress monitoring
Three Major Points in IDEA

IDEA 97 emphasizes positive behavioral
interventions & supports
School officials may discipline students
with disabilities in the same manner as they
disciplined nondisabled students, with a
few exemptions
Discipline should be addressed through the
IEP process
Procedural Requirements:
Knowing what the law requires
and fulfilling those requirements

Examples of Procedural
Violations
Suspending a student without providing notice
Suspending a student with disabilities in excess
of 10 consecutive school days
Suspending a student indefinitely or serially
Changing a students placement without using the
procedural mechanisms of the IDEA
Failing to conduct a manifestation determination
after suspending a student for 10 consecutive
days or changing placement
Failing to conduct a FBA or develop a BIP
Substantive Requirements:
Developing an educational
program that confers meaningful
educational benefit

Examples of Substantive
Violations
Failing to address behavior in the IEP
Conducting an FBA that does not
address the function of behavior
Developing a behavior intervention plan
that is entirely reactive (i.e., crises
management plan)
Failing to provide FAPE during
suspension, expulsion, or in an IAES
Major Areas of
Emphasis
1) IDEA emphasizes the use of positive behavioral
interventions and supports for students with
disabilities who exhibit problem behavior
2) School officials may discipline students with
disabilities in the same manner as they
discipline nondisabled students with a few
exceptions (i.e., suspension & expulsion)
3) Discipline should be addressed through the IEP
process
Disciplining Students
In Loco Parentis
English common law
Discipline
Requirements
School-wide discipline policies
Due process requirements
Nondiscriminatory discipline
10
School-wide Discipline
School-wide rules
Clear
Communicated
School-wide consequences
Reasonable
School related
Classroom rules
IDEA & school-wide discipline

11
IDEA & School-wide

Discipline
Students with disabilities are subject to
school-wide discipline procedures
Exceptions
When procedures deprive students of their
special education services
Trigger the procedural safeguards of the IDEA
Interferes with a students IEP, BIP, or Section
504 plan
12
IEPs and School Discipline

If the IEP determines that:
The student will be subject to the school-wide
discipline policy, and
The policy does not violate IDEA 97
The team may use the IEP to affirm that a

student will be subject to school-wide
discipline practices
13
Due Process Requirements

Suspension is subjected to the standards
of due process
Goss v Lopez, 1975
Due process protections

Oral or written notice of the charges
Explanation of the charges and supporting
evidence
Opportunity to present his or her side of the
story
14
Nondiscriminatory Discipline
All students with disabilities are covered by
Section 504
Section 504 prohibits discrimination
The unequal treatment of persons with
disabilities based solely on the basis of their
disability
Schools must not violate Section 504 when

disciplining students with disabilities
15
Violations of Section 504

Using discipline procedures with students with disabilities
that are not used with nondisabled students
Using discipline procedures with students with disabilities
that are more harsh than those used with nondisabled
students
Suspending (long-term), expelling, or changing placement
of a student with disabilities for misconduct that is related
to the his or her disability
Using disciplinary procedures that are prohibited in a
students IEP or 504 plan
16
Ensuring Compliance
When appropriate, use the same discipline
procedures for all students
Include discipline policy in IEP or 504 plan
Conduct manifestation determinations to

assess relationship
All school officials & teachers must
understand the contents of IEPs and 504
plans
17
Problem Behavior & the IEP

If a students behavior negatively
affects his or her learning or the
learning of others, the IEP team
shall consider strategies including
positive behavioral interventions,
strategies, and supports to
address that behavior
(IDEA 20 U.S.C. 1414(d)(3)(B)(I)

18
What Does This Mean?

Impedes is defined by the IEP team
Congress created a preference for
Proactive programming
Positive interventions
Problem-solving
IEP teams must develop proactive

programs that teach appropriate behavior,
not simply reduce inappropriate behavior
19
What Behaviors?
Based on litigation we can infer:
Disruptive behavior that interferes with
teaching & learning
Noncompliance
Abuse of property
Physical & verbal abuse
Aggression
20
The Behavioral IEP

A behavioral IEP is no different than any other IEP
It includes a behavioral component
There is no power in the IEP process to require that

parents do anything
The IDEA is about what school districts, not parents, must
do
The IEP should identify a discipline hierarchy &

behavior management procedures that may be used
The behavioral IEP must be proactive and focused
on skill building

21
Addressing Problem Behavior

1) When a student engages in problem
behavior, determine if the behavior impedes
his/her learning or the learning of others
2) If yes, conduct an assessment of the
behavior
3) Develop a plan based on the assessment,
that reduces problem behavior & increases
socially acceptable behaviors
22
Addressing Problem Behavior

Assessment (FBA)
Present Levels of Academic Achievement & Functional Performance
Develop the IEP

Goals
Special education based on peer-reviewed research
Supplementary services & Program modifications
Progress-monitoring
23
Functional Behavioral
Assessment
Asetofassessmentproceduresusedtoidentify
thepurpose(orfunction)ofproblembehavior
Becauseproblembehavioristypicallypurposeful,
wecannotchangeitsuccessfullyinthelongrun
withouttryingtodiscoverwhatthepurpose(or
function)ofthebehavioris
ThegoalofFBAistogatherinformationabout
factorsthatreliablypredictandmaintainproblem
behavior
24
FBAs & Suspension

if the local educational agency did not conduct a
functional behavioral assessment and implement
a behavior intervention plan ...before the behavior
that resulted in the suspension...the agency shall
convene (the IEP team) to develop an
assessment plan to address that behavior; or if
the child already has a behavioral intervention
plan, the IEP team shall review the plan and
modify it, as necessary (IDEA Amendments, 1415
(k)(1)(B)(i-ii)).
25
When is an FBA Required?

When it has been determined in a
manifestation determination that a students
behavior is related to his or her misconduct
When a student is removed for more than
10 days for misconduct that was
determined not to be a manifestation of the
students disability
When an FBA was not conducted before
the misconduct that resulted in a change in
placement
26
Behavior Intervention Plan

Based on an FBA
Plan must include:
Behavioral Supports & Positive behavioral
interventions
The BIP is not just a discipline plan, although a
discipline plan may be included (i.e., crises
management)
If not in IEP, the plan must be written within 10
days of disciplinary action (suspension)
The primary purpose of the BIP is to teach
appropriate replacement behaviors
27
A BIP Must Answer the

Following:
What is the function of the behavior?
What is the inappropriate behavior to be reduced?
What will happen when the inappropriate behavior
is exhibited?
What is the appropriate replacement behavior to
be taught?
What will happen when the correct behavior is
exhibited?
How will I know when the plan is working
(Progress-monitoring)
28
Disciplinary
Procedures

29
Discipline
Unless a disciplinary infraction is the
direct result of a childs disabilities (i.e.,
caused by or has a direct and
substantial relationship to, or is a direct
relationship of a schools failure to
implement an IEP), the child will be
disciplined in the same manner as a
nondisabled child.
30
Short-term Disciplinary
Removals
Unilateral suspensions or changes of placement
for not more than 10 consecutive school days are
allowed
More than 10 cumulative days in a school year
may be a change of placement
Change of placement must be addressed by the IEP
team (length of suspensions, proximity to each other)
After 10 cumulative days of suspension,

educational services must be provided
31
Educational Services
Must be determined by the IEP team
If under 10 cumulative days, services can
be determined by an administrator &
teacher
Must allow the student to:
Receive special education & related
services
Advance appropriately to IEP goals
Be involved in the general curriculum
32
Multiple Short-term
Suspensions
A series of short-term suspensions for different
incidents may be permissible as long as they do
not constitute a change in placement
IEP team must decide when suspensions are a
placement change
Length of removals
Total amount of time that the student is
removed
Proximity of removals to one another
33
Long-term Disciplinary
Removals
Student suspensions in excess 10
consecutive days are considered changes
of placement
Changes in placement, if not done
according to IDEAs requirements, are
illegal
Educational services & manifestation
determination are required
34
Using Short-term Suspensions
Define behaviors that will lead to OSS

Include OSS in students IEP
Use OSS carefully & only in emergencies
Keep thorough records of the amount of
days of suspension
The frequency & amount of short-term
suspensions, if excessive, may be
indicative of a defective IEP
Conduct a FBA and develop a BIP
35
Long Term Removals

Unilateral removal to an interim alternative
educational setting (IAES) for 45 school days
if a student
Carries or possesses a weapon to school, on
school premises, or at school function
Knowingly possesses or uses illegal drugs or sells
or solicits the sale of a controlled substance
Has inflicted serious bodily injury on another
person while at school, on school premises, or at
school function
36
Dangerousness Removal
A impartial hearing officer (IHO) may order
a change of placement to an appropriate
interim alternative education setting for 45
school days if the IHO determines that
maintaining the students current
placement is substantially likely to result in
injury to the student or others.
37
Manifestation Determination
A meeting to evaluate the relationship between a
students disability and his or her misconduct
A manifestation determination is required when a
discipline sanction could result in a change of placement
The review must be conducted by the district, the parents,
and relevant members of the IEP team determines the
relationship between disability and misconduct
No relationship-Long term suspension and expulsion
are available
Relationship-Long term suspension and expulsion are
not available

38
Conducting the Determination

Gather relevant assessment data & review the
incident
Review IEP and ask Was the problem behavior direct
result of the schools failure to implement the IEP?
Review the misconduct and misbehavior and ask was
the behavior that led to the disciplinary sanction
caused by or did it have a direct and substantial
relationship to the students disability?

39
Interim Alternative
Educational Setting (IAES)
IAES placement if required when suspension is in
excess of 10 cumulative days or in the case of a
45 school day removal
The IAES is determined by the IEP team
Requirements:
The student must participate in the general education
curriculum, although in another setting
The student must continue to receive services & work
on IEP goals
Includes services & modifications designed to
ameliorate problem behaviors
40
LEA Actions During

Removal
RewritetheIEP(goals&objectives)
WriteorrevisetheBIP
Changeplacement
Longtermsuspensionorexpulsion
(requiresmanifestationdetermination)
41
Stay-Put Provision
During the pendency of due process proceedings,
unless the parents and LEA agree otherwise, the
student shall remain in the then current placement
(20 USC 1415(j))
The stay-put provision is abrogated in situations

where a student is moved to an IAES for
weapons, drug offenses, or if the student seriously
injures another student or by the order of a
hearing officer
The parent is entitled to an expedited hearing
42
Protections for Students

Not Yet Eligible
An LEA is deemed to have knowledge that a student is a
student with a disability if, before the behavior that
precipitated the disciplinary action a:
Parent expressed concern in writing to an administrator
or teacher
Parent had requested evaluation of the child
Teacher or other school or LEA personnel expressed
concerns about a pattern of behavior to administrator

43
Permitted Procedures
*Disciplinary procedures used
routinely with all students and in
the districts discipline plan
Removal of Points & Privileges
Timeout
Detention
44
Emergency Procedures
*Procedures undertaken to protect
students or staff
Immediate Suspension (<10 days)
Removing the student to an interim
alternative setting (<10 days)
Physical Restraint
Calling the Police
45
Involving Law Enforcement

School officials can report students to law
enforcement
Procedural protections that apply to crimes
are governed by criminal law not the IDEA
Law enforcement officials can obtain a

students records
Must conform to FERPA (Family Educational
Rights and Privacy Act) requirements
46
Controlled Procedures
*Legally sound if not abused or applied
in a discriminatory manner
Seclusion/Isolation Timeout
In-School Suspension
Out-of-School Suspension (<10 days)
Interim Setting (<10 days)
47
Time Out
State behaviors that will lead to time out
Define time out
Type
Length
Room (lighting, ventilation, monitoring)
Include time out in the IEP

Staff training
Document the use of time out
Collect data to determine effectiveness
Do not abuse or use excessively

48
In-School Suspension
State behaviors that will lead to ISS
Define ISS
Where
Who will supervise
Include ISS in the IEP

Staff training
Document the use of ISS

49
Out-of-School Suspensions
State behaviors that will lead to OSS

Define OSS
Include OSS in the IEP
Staff training
Document the use of OSS
Keep track of OSS

50
Prohibited Procedures
*Procedures that unilaterally change
placement, deny the child a FAPE, or
discriminate based on a disability
Unilateral Change of Placement
Serial or Long-Term Suspensions
Expulsions
51

Chapter14 Discipline

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Chapter14 Discipline

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Disciplining Students

Yell / The Law and Special Education, Second Edition

IDEA and Discipline

Three Major Points in IDEA

Yell / The Law and Special Education, Second Edition

Yell / The Law and Special Education, Second Edition

IDEA & school-wide discipline

IDEA & School-wide

IEPs and School Discipline

The team may use the IEP to affirm that a

Due Process Requirements

Due process protections

Schools must not violate Section 504 when

Violations of Section 504

Conduct manifestation determinations to

Problem Behavior & the IEP

Yell / The Law and Special Education, Second Edition

What Does This Mean?

IEP teams must develop proactive

The Behavioral IEP

There is no power in the IEP process to require that

The IEP should identify a discipline hierarchy &

Yell / The Law and Special Education, Second Edition

Addressing Problem Behavior

Addressing Problem Behavior

Develop the IEP

FBAs & Suspension

When is an FBA Required?

Behavior Intervention Plan

A BIP Must Answer the

Yell / The Law and Special Education, Second Edition

After 10 cumulative days of suspension,

Using Short-term Suspensions

Define behaviors that will lead to OSS

Long Term Removals

Yell / The Law and Special Education, Second Edition

Conducting the Determination

Yell / The Law and Special Education, Second Edition

LEA Actions During

The stay-put provision is abrogated in situations

Protections for Students

Yell / The Law and Special Education, Second Edition

Involving Law Enforcement

Law enforcement officials can obtain a

Include time out in the IEP

Yell / The Law and Special Education, Second Edition

Include ISS in the IEP

Yell / The Law and Special Education, Second Edition

State behaviors that will lead to OSS

Yell / The Law and Special Education, Second Edition

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