Discipline

Discipline for Students with Disabilities
*Please note this applies to all students with disabilities regardless of their level of services received (504 or Special Education)

The placement of a student with a disability who has been qualified to receive Special Education or Section 504 services generally may be made only by the student’s respective ARD or Section 504 committee. Disciplinary action regarding any student with a disability must be determined in accordance with federal law and regulations. 

Implementing Behavioral Intervention Plans

If a Behavior Intervention Plan (BIP) has been developed as part of an IEP or Section 504 plan, ALL disciplinary supports and interventions MUST be implemented fully. Each BIP will have antecedent and consequence components designed to decrease the likelihood of the student’s engagement in targeted behaviors and specific interventions and responses to implement if targeted behavior occurs. 

Guidelines for Disciplinary Removals of Students with Disabilities

1. Removal for Ten Days or Fewer: A student with a disability who violates the Student Code of Conduct may be moved from his or her current placement to an appropriate interim educational setting, another setting, or suspended for not more than ten consecutive school days, so long as the interim placement is also available to students without disabilities. 

2. Subsequent Removals of Ten Days or Fewer: If a student is approaching ten days of disciplinary placement, consult with the designated Special Education or Section 504 coordinator to determine whether additional discipline may constitute a change in placement. 

3. Removal for More than Ten School Days: A disciplinary action that would constitute a change in placement (i.e., removal from the current educational placement for more than ten consecutive school days or a series of removals totaling more than ten school days in a school year and that constitute a “pattern” of similar behavior) may be taken only after the student’s ARD or Section 504 Committee conducts a manifestation determination review. As discussed in Section E below, limited exceptions may apply if a student engages in dangerous or antisocial misconduct. 

4. Guidelines for Calculating Removal Totals

• Out-of-school suspensions will count toward the ten-day rule for determining removals totaling ten days or more. 

• In-school suspensions generally count toward the ten-day rule. If carefully done, though, during the in-school suspension assignment, the student is afforded an opportunity to continue to appropriately progress in the general curriculum; the student continues to receive the services specified in the student’s IEP / Section 504 Plan; and the student continues to participate with nondisabled students to the same extent as he or she does in the current placement it can be kept off the days out of placement list.  This needs to be carefully documented with the behavior specialist. 

• Campus Coordinators and case managers are responsible for monitoring student removals so that manifestation determination reviews are scheduled well in advance of the ten-day passing point.

• In the case of a student with a disability who has been removed from his or her current placement for more than ten school days in a school year, the school, for the remainder of the removals, must provide services to the extent necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the student’s IEP / Section 504 Plan. 

Manifestation Determination 

If a student with a disability is recommended for a change in placement because of a disciplinary violation: 

1. The student’s parent(s) or guardian(s) MUST be notified of the recommended change in placement AND given notice that the student’s ARD Committee / Section 504 Committee will conduct a manifestation determination review, along with a Notice of Procedural Safeguards. Generally, these documents are provided to the parent(s) or guardian(s) by the administrator conducting the discipline conference/hearing. Each campus MUST develop procedures to ensure the notices are provided in a timely manner. 

2. At TEN SCHOOL DAYS following the recommended change in placement, the student’s ARD Committee / Section 504 Committee must conduct a manifestation determination review. During this meeting, the ARD Committee / Section 504 Committee must review all relevant information in the student’s file, including: 

1. The student’s IEP; 

2. Any teacher observations; and 

3. Any relevant information provided by the parent(s) or guardian(s). 

3. The ARD Committee / Section 504 Committee must ultimately determine if the conduct in question: 

1. Was caused by, or had a direct and substantial relationship to, the student’s disability; or 

2. Was the direct result of the school’s failure to implement the student’s IEP / Section 504 Plan (including any BIP in place for the student). 

4. During the decision-making process, the ARD Committee / Section 504 Committee will evaluate the conduct in question in relation to each of the student's diagnosed disabilities, if multiple disabilities exist, and determine if there is a direct and substantial relationship between the student's disability and the student's disruptive behavior.

5. The key to making defensible decisions is having adequate records available to review. New evaluation reports may be indicated, particularly if a significant change has occurred in the student's behavior or situation since the last evaluation was administered. The ARD Committee / Section 504 Committee should carefully review all information, documentation, and evaluation data. Committee members should also look for inconsistencies or patterns. 

1. In some instances involving a pattern of removals, and for ALL expulsion recommendations, the ILTexas School Psychology (SP) must be consulted and be a participant in the manifestation determination review meeting. 

2. The SP must also be consulted when the student’s disability is ED, AU, TBI, or OHI due to ADHD. 

6. If the ARD Committee / Section 504 Committee determines that the student’s conduct WAS a manifestation of the student’s disability or caused by the school’s failure to properly implement the student’s IEP / Section 504 Plan, the ARD Committee / Section 504 Committee must:  

1. Conduct a functional behavioral assessment, unless the school had conducted an FBA within a school year of the behavior that resulted in the conduct in question occurred, and implement a BIP for the student; or 

2. Review the BIP and modify it, as necessary, to address the behavior. 

The ARD Committee / Section 504 Committee must also return the student to the placement from which the student was removed unless the parent and school agree to a change in placement as part of a modification of the BIP or unless special circumstances, as discussed in Section E, exist. 

7. If the ARD Committee / Section 504 Committee determines that the student’s conduct WAS NOT a manifestation of the student’s disability or caused by the school’s failure to properly implement the student’s IEP / Section 504 Plan, the school may apply relevant disciplinary procedures to the student in the same manner and for the same duration for which they would be applied to students without disabilities. 

   1. 1. 1. Even though the behavior was not a manifestation of the student's disability, the ARD committee still needs to offer an FBA unless the school had conducted an FBA within a school year of the behavior that resulted in the conduct in question occurring and implemented a BIP for the student; and

3. Review the BIP and modify it, as necessary, to address the behavior.

8. Regardless of the results of the manifestation determination review, a need for a new or revised FBA will need to be discussed. 

Placement of Students Pending Manifestation Determination Review 

As noted previously, a manifestation determination review must take place within ten school days following a recommended change in placement. The local campus principal or principal's designee may request that the parent waive the five-school-day requirement in order for the manifestation determination review to occur as quickly as possible. 

If the waiver is obtained, the manifestation determination review may be conducted as soon as possible. 

If the parent(s) or guardian(s) refuse the waiver, the manifestation determination review should be scheduled as soon as possible within the timeframe allowed under the law. During the period before the meeting, at least two additional attempts shall be made to contact the parent and confirm the parent’s attendance. Documentation of attempts to contact the parent must be maintained. If, after receiving notice of the scheduled manifestation determination, the parent does not attend the meeting as scheduled, the meeting may continue without the parent(s) or guardian(s) in attendance. 

Pending the manifestation determination review, the student may be placed in the following disciplinary settings: 

1. The student may be placed, directly into in-school suspension pending the manifestation determination review, so long as the student is allowed to continue to appropriately progress in the general curriculum; receives the services specified in the student’s IEP and/or Section 504 Plan; and continues to participate with nondisabled students to the same extent as he or she does in the current placement. 

2. ILTexas only utilizes a provision for emergency removal if noted in the student’s BIP.  An emergency only lasts for the remainder of the school day; the behavior that resulted in disciplinary action occurred. After that time,  the option listed above should be chosen. 

3. In the parent(s) or guardian(s)  event that the parent refuses to waive the five-school-day requirement for notification and/or to attend the ARD/IEP committee meeting, the Notice of ARD Committee Meeting form shall be provided to the parent. The five-school-day waiting period shall be observed. During the five-day waiting period, a minimum of two additional attempts shall be made to contact the parent. Documentation of attempts to contact the parent shall be maintained. 

Special Circumstance: Dangerous or Antisocial Misconduct

There are specific instances where a student with a disability may be placed in an interim alternative educational setting for more than ten school days without regard to whether the behavior is determined to be a manifestation of the student’s disability. Specifically, a student may be removed to an interim alternative educational setting for no more than 45 school days without regard to whether the conduct is a manifestation of the student’s disability in cases where a student: 

1. Carries or possesses a weapon to or at school, on school premises, or to or at a school function under the school’s jurisdiction; 

2. 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 under the school’s jurisdiction; or 

3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the school’s jurisdiction. 

If none of these circumstances are present, ILTexas may request an expedited due process hearing and request that a hearing officer order a change in placement for up to 45 school days if maintaining the child's current placement is substantially likely to result in injury to the student or others. 

Campus administrators must consult with the Director of Behavior and Special Programs before placing a student in an interim alternative educational setting due to dangerous or antisocial misconduct. 

Due Process/Appeals 

A parent or guardian who disagrees with a disciplinary placement decision or with the outcome of a manifestation determination review may request a hearing. For students eligible for Special Education services, this would be a request for an expedited due process hearing. For students eligible under Section 504, this would be a request for a hearing before an impartial hearing officer. In general, when a parent requests a due process hearing, the student will remain in the interim alternative education setting pending the decision of the hearing officer (or until the placement in an interim alternative educational setting expires, whichever occurs first) unless the parent and ILTEXAS agree otherwise. 

Students Not Yet Determined Eligible

A student who has not been determined to be eligible for Special Education or Section 504 services and who has engaged in conduct that violates the Student Code of Conduct may claim the protections of the IDEA and/or Section 504 with respect to disciplinary consequences that would constitute a change in placement, but generally only if ILTexas had knowledge that the student was a student with a disability before the conduct leading to the recommended disciplinary action occurred. 

ILTEXAS is deemed to have knowledge that the student is a student with a disability if before the conduct leading to the recommended disciplinary action occurred:

1. The parent(s) or guardian(s) of the student expressed concern in writing to a supervisor or administrative personnel of the school, or a teacher of the student, that the student is in need of special education services or is otherwise a student with a disability; 

2. The parent(s) or guardian(s) request an evaluation; or 

3. A teacher of the student, or other ILTEXAS personnel, expressed specific concerns about a pattern of behavior demonstrated by the student directly to the director or Special Education or Section 504 or other schools supervisory personnel. 

ILTEXAS is not deemed to have knowledge that the student is a disability if: 

1. The parent(s) or guardian(s) has not allowed an evaluation of the student or has refused services; or 

2. The student has previously been evaluated and determined not to be a student with a disability. 

If ILTEXAS does not have a basis of knowledge prior to taking disciplinary measures, the student may be subjected to the same disciplinary measures applied to students without disabilities. 

If ILTEXAS does have a basis of knowledge prior to taking disciplinary measures, the same protections are granted to the student as if he or she had been qualified for Special Education / Section 504 services.