Special Education and Discipline

Special education students have important protections in school discipline situations. A child under a 504 Accommodation Plan or with an Individual Education Plan (IEP) can still be disciplined by the school according to their policies. However, the discipline cannot change the child's placement.

Any change in a student's learning environment is considered a change in placement. When a school suspends a student for more than 10 cumulative days in a school year and/or recommends the student for expulsion, this is considered a change in placement.

Before a child with a 504 Plan or IEP placement can change, the IDEA requires schools to follow specific procedures. The first is a Manifestation Determination Review (MDR).

Warning: When the school calls you to pick up your child from school early for misbehaving, it doesn't feel like a suspension. It is a suspension. If this happens, you should make sure the school documents this as a suspension rather than documenting it as you voluntarily withdrawing your child early.

Manifestation Determination Review

The IEP team has 10 days after a decision for a change in placement to meet for a Manifestation Determination Review (MDR). An MDR should be held if your child is recommended for an expulsion, or prior to any suspensions after 10 cumulative days in a school year. At this meeting, the IEP team will review all relevant information in the student's file, including the IEP, teacher observations, prior discipline, and any documents or information that the parent brings to the meeting.

You have the right to bring an attorney to the Manifestation Determination Review.

The IEP team must answer these questions at the MDR meeting:

• Was the student's conduct caused by or directly and substantially related to the student's disability?
• Was the conduct a direct result of the school's failure to properly implement the IEP?

If the answer to either question is "yes," the IEP team should conduct a functional behavior assessment (FBA) and implement a Behavior Intervention Plan (BIP). If you already have a BIP it should be reviewed and changed to address the behavior.

A functional behavior assessment identifies why the student behaves a certain way.

A BIP targets undesirable behaviors and provides interventions that must be used to prevent the behavior from happening again.

If the student's conduct involved a dangerous weapon, illegal drugs, or serious bodily injury, the IEP team can remove the student from his placement for 45 days, even if the conduct is a manifestation of their disability.

If the IEP team decides the conduct was not a manifestation of a disability, an expulsion hearing will be set. After the expulsion hearing, if the school decides to expel the student, the student is still entitled to a free and appropriate public education. This may mean that the student can receive education services at home or in another setting.

If you do not agree with the IEP team's decision, you can appeal that decision by filing a due process complaint. If you are interested in filing a due process complaint, you need to seek the help of an attorney as soon as possible.

When Can I Request a Due Process Hearing?

Suspension

If the school does not take care of the problem at the IEP meeting, you can request a due process hearing.

Manifestation Determination

The parent can request a due process hearing if they disagree with the decision of the IEP team.

Transfer

The school can request a due process hearing if it wants a transfer to an alternative placement to last longer than 45 days.

The parent can request a due process hearing if they disagree with the transfer.

Expulsion Hearings

The student has regular due process rights, but the hearing is informal.

All due process hearings require evidence in the form of documents and testimony.