Discipline regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were most recently expanded in 2008. This section addresses common questions frequently covered in trainings.  

**The Office of Special Education and Rehabilitative Services (OSERS) released a comprehensive Q&A on discipline procedures that can be found: here. For the most up-to-date guidance on discipline from OSERs, see https://sites.ed.gov/idea/category/newsupdates/announcement/

Restraint/Seclusion FAQs are addressed in their own page: here

1. What Should be Done to Address a Student who has Accumulated Short-term Removals nearing the 10-day mark?

• Before the student reaches the 10-day mark, have an IEP team meeting to address behavior

  • The team should review the students IEP and progress to ensure IEP services and accommodations are adequate. If the IEP team finds inadequacies, they may consider changes to service minutes, the student’s placement, or other adjustments to the student’s program. 

  • The team should consider whether conducting an FBA and developing a behavior plan is appropriate.

  • If the team suspects mental health issues may be contributing to behavior problems, they may see whether the parent is interested in pursuing mental health services. For example, students with mental health issues who are eligible for Oregon Health Plan (OHP) may be referred by their school counselor to Trillium Child and Family Services. 

  • If the team suspects an additional area of eligibility or requires additional data (beyond FBA data) to examine the adequacy of the IEP, the may consider further evaluation. 

2. What Should be Done to Address a Student who has Been Assigned more than 10 days of exclusionary discipline (longterm removal)?

• Proceed to manifestation determination as soon as you can (before the removal reaches 10 consecutive school days).

  • This is because the manifestation determination decides whether the student can be subjected to long-term removal or not.

What Does Manifestation Determination Involve?

The manifestation determination process involves review of the discipline incident and information regarding the student's disability for the purpose of determining whether the disability caused or directly contributed to the behavior subject to discipline (see Sample MD Meeting Agenda and Minutes below)

What does a Manifestation Determination Meeting Look Like?

What are Possible Outcomes of a Manifestation Determination?

There are three possible outcomes of a manifestation determination:

1. Yes, the behavior was caused by the disability. In this case, the team must conduct an FBA and develop a behavior plan to address the behavior. If a behavior plan is already in place, it must be reviewed and modified as needed. 

The student must also be allowed to return to their prior placement, unless the behavior subject to discipline involves one or more of the three "special circumstances" (34 CFR § 300.530[g]. 34 CFR § 300.530[f][2]): 1. bringing a weapon to school, 2. having illegal drugs at school, or 3. causing serious bodily injury to another person at school. In these cases, the administrator can continue to keep the student out of school for up to 45 school days, but they must still provide services.

 2. Yes, the behavior was due to a failure to implement the IEP. In this case, the team must immediately fix the situation by implementing the IEP correctly (e.g., correct any issues in IEP). Then, they must conduct an FBA and develop a behavior plan to address the behavior. If a behavior plan is already in place, it must be reviewed and modified as necessary. The student must also be allowed to return to their prior placement, unless the behavior subject to discipline involved one or more of the three "special circumstances." 

 3. No, the behavior was not a manifestation of the student's disability. In this case, the school team can continue to apply discipline in the same manner as with general education students. An IEP team must determine a post-expulsion placement, if the student is expelled. A functional behavior assessment and behavior intervention plan should be developed, if appropriate. 

Can a student's placement be changed if a manifestation determination team finds discipline was related to a disability?

Yes, IEP teams always have the option to change a student’s placement, following standard special education placement procedures, if there is data to support such a change.  When the parent(s) of a child and the school personnel are in agreement about the child's change of placement, it is not considered a disciplinary removal.  

What are the requirements for students on an IEP or 504 plan who engage in behavior that puts them, other students, or staff at imminent risk of serious bodily injury?

A: Oregon HB 3318 (2017) asserts that staff must conduct an FBA for any student on an IEP or 504 plan who engages in behavior that puts the student, other students or staff at imminent risk of serious bodily injury. This evaluation and an associated behavior plan must be developed within 45 days of written consent. 

Is the IEP Team Required to Hold a Manifestation Determination Each Time That a Student Meets the 10 School Day Removal Mark?

Yes, a manifestation determination must be held "within 10 school days of any decision to change the placement of a child with a disability. 

Do the IDEA Discipline Provisions Apply if the Child Violates the School Code of Conduct After a Parent Revokes Consent for Special Education Services?

No. It is expected that parents will take into account the possible consequences under the discipline procedures before revoking consent for the provision of special education and related services.