IDEA and Discipline

With the reauthorization of IDEA 2004, provisions regarding discipline are as follows:

1. School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct.

2. 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 conduct, the LEA, the parent, and relevant members of the IEP team (as determined by the parent and LEA) must conduct a manifestation determination review. This review should include all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine if the conduct in question was:

   1. Caused by, or had a direct and substantial relationship to, the child’s disability; or

   2. The direct result of the LEA’ s failure to implement the IEP.

3. If the LEA, the parent, and relevant members of the IEP team make the determination that the conduct was a manifestation of the child’s disability, the IEP team will:

   1. Conduct a Functional Analysis Assessment (FAA) and implement a behavioral intervention plan (BIP) for the child, provided that the LEA had not conducted such assessment prior to such determination before the behavior that resulted in a change in placement, or

   2. Review any existing behavioral intervention plan, and modify it, as necessary, to address the behavior; and

   3. Return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavior modification plan (except as provided under special circumstances).

4. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, in cases where a child has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the LEA.

*The term “serious bodily injury” is defined to mean a bodily injury that involves 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.

1. In making a determination, the hearing officer may order a change in placement of a child with a disability. In such situations, the hearing officer may

   1. Return a child with a disability to the placement from which the child was removed; or

   2. Order a change in placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others.

2. When an appeal has been requested, the SEA or LEA arranges for an expedited hearing, which occurs within 20 school days of the date the hearing is requested, and results in a determination within 10 school days after the hearing.

3. An LEA is deemed to have knowledge that a child is a child with a disability if, before the behavior that precipitated the disciplinary action occurred:

o The parent of the child expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services

o The parent of the child has requested an evaluation of the child

o The teacher of the child, or other personnel of the LEA, has expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the director of special education or other supervisory personnel

1. An LEA is not be deemed to have knowledge that the child is a child with a disability if the parent of the child has not allowed an evaluation of the child, or has refused services, or the child has been evaluated and it was determined that the child was not a child with a disability. If the district has no “basis of knowledge” that the student has a disability prior to the causal incident, that student will be entitled to the same disciplinary actions as any non-disabled student.