The short answer is yes. Students on an IEP or Individualized Learning Program can be disciplined in a way that is appropriate to their circumstance. Keeping this is mind, it means that the discipline or lack thereof may vary from student to student due to their unique circumstances and needs. A main consideration in making these decisions is the student's disability. If the behaviors are stemming from the student's disability, the outcomes of the situation will be very different if the behaviors have nothing to do with the student's disability. Teachers are encouraged to continue to have high expectations for all students whether or not they have a disability. Students on an IEP need to learn appropriate conduct in the classroom just like any other student. This will help them prepare for life after high school as they transition into the real-world. Teachers should also continue to use appropriate classroom management techniques. Many times the use of appropriate classroom management techniques can prevent the escalation of behaviors that would require school discipline. There is a dual disciplinary standard, though in the event of behaviors escalating. 1) If it deprives a student of their special education and related services. 2)If the procedural safeguards take action. 3) If the IEP or BIP or 504 state another accommodation plan.
Can students with disabilities be suspended?
In order to create a safe learning environment, schools have the responsibility to appropriately discipline their students. Being disciplined and being suspended are two very different topics when considering special education programs. Students in special education are expected to maintain a certain level of conduct that their peers adhere to however this level of conduct could vary in light of an individual's disability. There are many procedures and considerations to account for when disciplining a student on an IEP. The process that the discipline takes varies based on whether the behaviors are a result of the student's disability or not. The answer to the question will greatly change the way school personnel and the IEP team handle the situation. If the school’s disciplinary procedures put the child with disabilities or their FAPE (free and appropriate public education) at risk, then an alternate plan must be created during the IEP process. In some cases, the behaviors may not have developed and this portion of the IEP must be added to it. The part of the IEP that discusses how to work with the behaviors of a student is called the BIP or Behavior Intervention Plan. If a policy does not violate the requirement of IDEA to provide FAPE then the IEP team may use the IEP or BIP to affirm the student will be subject to the school’s rules and policy.
Behavior is not a result of the disability:
If the behavior is determined to not be a result of the disability by the IEP team, then the student will receive school discipline in the same manner that students without disabilities would receive the discipline.
Behavior is a result of the disability:
When the behavior of a student is determined to be a result of their disability by the IEP team, the process becomes much more complex. The IEP team will meet to review the FBA and BIP. If an FBA or BIP have not already been conducted, then the team may decide to complete the FBA and later hold a meeting to determine if a BIP is necessary. There may be additional supports added to the student's IEP to help ensure a safe learning environment.
Manifest Determination
Manifestation determination is a meeting that is held by the MDT team when there are extreme behavioral incidences. This often take place when there are behaviors matter extreme and have cause consideration of expulsion, or repetitive suspension. IDEA requires that a manifest determination be held following 5 suspensions, on the 10th day of removal from the student's placement (determined in the IEP) because of a violation of the student code of conduct. The Office of Civil Rights has stated, "that a series of suspensions cumulatively totaling more than 10 days constitutes a change in placement if the results create a pattern of exclusion. A series of 5 or more suspensions totaling 22 days over a school year was found to be a pattern of exclusion that created a significant change of placement for a student with disability." Manifestation Determination is determining whether a student’s disability is a manifestation of their behavior. This meeting has the goal of assessing the reason for these extreme behaviors and breaking up school rules. The questions that the IEP team are trying to answer in this meeting include: did the disability of this child greatly impact the breaking of this rule? Does the school have intervention in the behavior and education plan of the student that is not properly supporting this student’s needs? And are the IEP and BIP properly being implemented? These questions are a protection for the student because it allows all possible considerations to be made before deciding where the student needs to be placed because of their disruptive behavior. Behaviors that are most likely to cause a manifestation determination include: Harm of self, harm of others, bringing a weapon to school, or the illegal use of drugs or alcohol (usually on campus). In the situation that a student is suspended for weapons, drugs, alcohol or bodily harm then the student may be sent to and an interim alternative educational setting (IAES) for 45 days where they can still receive all of their special education services (FAPE). The purpose of this change in placement is to give the IEP team to conduct the manifestation determination while the student is in the disciplinary change of placement setting. If it is found that the disability of the student is not greatly influenced the breaking of school rules, this school is able to have punishments still align with those of non-disabled students. if there is close correlation to the breaking of rules and disability, the school will have to assess what part of the IEP or BIP need to be altered in order to properly support this student. This can include different interventions, change placement, etc. There are times where schools are able to increase supports to allow for a student with severe behaviors to be more supported and thrive while being mainstreamed. There are other times though, where it is inappropriate or unsafe to have them continue to be mainstreamed. This is something that schools need to consider when doing manifestation determinations. In IDEA 1997, it was expressed that all students, including those with disabilities, have the right to a safe and orderly school. This includes handling disciplinary issues and also ensuring proper support/education to every student. Schools need to remember this when considering what approach they have when there are disciplinary issues and considering all people who are part of the school environment.
Revising the BIP and adding to the FBA
IDEA requires that the IEP team must conduct or revise the FBA and BIP within 10 days from when a student is A) First removed for more than 10 school days in a school year, B) removed in a manner that is considered a change of placement, or C) placed in Interim Alternative Education Setting (IAES).
What is an FBA? An FBA is a function of Behavior Assessment. This assessment looks for triggers for behavior and events that can either escalate the behaviors or deescalate the behaviors. The purpose of the FBA is to gain an understanding of the student's behaviors and determine if the student is in need of a BIP or Behavior Intervention Plan. This FBA is performed by the IEP team and how they can assess mentally, emotionally, and possibly physically any actions indicate problems may arise that is harmful to other students or staff. Usually, the special education teacher or school psychologist will perform the Functional Behavior Assessment. The special education teacher, paraeducators, and general education teachers can gather data through observations to assist in these decisions. Much of this information can also be gathered by outside agencies such as medical diagnosis or independent evaluators. When a full picture of the cause of the behavior has been gathered this information is written into a BIP or Behavior Intervention Plan. What is a BIP? A BIP is a Behavior Intervention Plan. This is a part of the IEP if the behaviors of a student deem it necessary. The BIP is developed during the IEP meeting or during an addendum meeting to the IEP. In either scenario, it is written by the IEP team from the data gathered from an FBA, the IEP team can create a behavior intervention plan (BIP), involving positive and evidence-based behavior intervention strategies to help correct and encourage positive behavior in the student.
In any situation:
In any situation, the IEP team must meet to determine if the behavior is a result of the student's disability. The School Principal must notify the parents parents that student has been suspended. The Case Manager (Special Education Teacher) will notify parents of a change of placement if the student is outside the agreed upon placement in the IEP for 10 or more days. This is in accordance to the Office of Civil Rights. At this point, the Case Manager will schedule a manifest determination meeting with the parents and other members of the IEP team. If a student is suspended for weapons, drugs, alcohol or bodily harm then they can be sent to and an interim alternative educational setting (IAES) for 45 days where they can still receive FAPE, but it gives the IEP team to conduct the manifestation determination while the student is in the disciplinary change of placement setting. If it is determined that the action was not a manifestation of his disability, then the student can be expelled.
Conclusion:
The FBA, BIP, and Manifestation Determination processes not only protect the student that is showing disruptive behavior, but also their peers and teacher. Everyone should be able to receive an education in an appropriate setting, but if one child’s disruptive behavior is causing harm, or preventing a student from learning, it is affecting a student’s potential in progressing in their education. Students will always struggle at different times, but if school staff know the student's triggers for their disruptive behaviors, then staff can do our best to help prevent triggers from happening and addressing them appropriately when those situation do arise. If an assessment can be done and a plan can be implemented, there is more opportunity or appropriate and safe learning for everyone involved.
Why aren't all students with disabilities in their own classroom?
There are are many reasons that students with disabilities need to have exposure to the general education classes and participate with their peers. It is important to remember that students with disabilities still have the right to receive a FAPE (free and appropriate public education) in their least restrictive environment (LRE) just like all the other students. To require all students with disabilities to always be in their own classroom would be considered a violation of FAPE (free and appropriate public education), a violation of LRE (least restrictive environment), and discrimination. There are some situations that require a student to spend their time outside the general education classroom. This is determined by a test established by the 9th circuit that can be used to help make decisions about when to move a student out of the general education setting. This test is the Rachel H. test and there are four parts to the test that must be considered. The four parts are: the education benefits of the general education classroom with services and aids as compared to the special education classroom, the nonacademic benefits of the interaction between students with and without disabilities, the effect of the student on the teacher and other students in the classroom, and the cost of mainstreaming.