Update! Check out this free IDEA online discipline tool!
The discipline provisions of the individuals with disabilities education act are some of the most commonly misunderstood provisions in special education law. While most of the questions I receive come from parents of school age children, I have also had inquiries from parents of children in preschool (ages 3-6). So, I've decided to clarify some of the provisions in a series of posts--this one discusses requirements related to suspending a student for 10 days or less.
Is it part of a pattern? In order to determine the rules that apply, you first have to determine whether the removal is part of a pattern of removals that should be treated as a change in placement. For the removal to be part of a pattern, three things must be true:
- the suspension is part of a series of removals which, when added together, amount to more than 10 days.
- the behavior in each removal is substantialy similar.
- Other factors, such as time of removal or proximity of removals to each other, support the suggestion that it is a pattern of removals.
If it is a pattern. If all three of the above statements are determined to be true, the proposed suspension should be treated as a change of placement. This triggers the requirement to conduct a manifestation determination, provide services after the 10th (cumulative) day of suspension, and various requirements to examine and discuss how to address the behavior. In other words, the requirements are the same as if it was a removal for more than 10 days (consecutive). I'll detail these requirements in a post about long-term removals.
If not a pattern. If any one of the above statements is not true--which is more often the case--the proposed suspension can be implemented in the same way and for the same duration that it would be for a child who did not have a disability. This is the "same treatment" rule. As long as the school is not discriminating against the student because he/she has a disability (i.e. treating them more harshly than it would others), the school may discipline the student as it chooses. There is no requirement for a manifestation determination or to provide services during suspensions of not more than 10 days. The school may or may not be required to address the behavior depending on whether it represents an unmet disability-related need of the student or intereferes with the child's learning or the learning of others.
Think beyond the law. In any case, it is good to remember that schools and parents can agree to take actions that are not necessarily required by the law. Creating a plan to help ensure the student does not regress or otherwise minimize the impact that the removal has on the student's progress is always a good idea and will benefit everyone involved. Similarly, talking about how best to prevent similar behavior in the future is just good common sense.
I'll try to cover more discipline issues in future posts, including: stay put provisions, long-term removals (change in placement), manifestation determinations, behavior that impedes learning, functional assessments and behavior plans, and positive behavior supports and interventions. Stay tuned, and if you have a discipline issue (either one of those above or one I've not mentioned) that you particularly want to have addressed--let us know.
1 comments:
Discipline is a sometimes confusing and complex area with schools and parents. This is a good article and good start.
In a posting on the forum I mentioned that I found that the Kansas Dept. of Education has developed guidelines about restraint and seclusion. Although this is somewhat different than discipline, it is a growing area of concern to parents and schools. Perhaps something could be written here or somewhere on the website about the new guidelines.
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