Discipilne - Part 1: Discipline for Special Education Students.

>>Part 2 – Discipline for NON-Special Education Students

1. IDEIA 2004 authorizes school personnel to consider, on a case-by-case basis, any unique circumstances when determining if the child’s placement should be changed as a result of the student’s violation of a code of student conduct.



2. Schools are the authority to remove a child to another appropriate interim setting or suspension for not more than 10 school days and to the extent such alternatives are applied to children without disabilities.



3. Schools may apply the same disciplinary procedures to students with disabilities as are applied to students without disabilities if the violation of the school code of conduct is not a manifestation of the student’s disability.



4. Students who are removed from current placement, whether or not the behavior is a manifestation of the student’s disability, must continue to receive educational services that enable the student to receive a FAPE. 
   
   Students must also receive, when appropriate, a functional behavior assessment,    behavioral intervention services and modifications designed to address the behavior violation.



5. If a decision is made by the school to change the child’s placement, within 10 days of that decision a meeting must be held to determine if the behavior was a manifestation of the student’s disability.



6. The Manifestation meeting is to include the parents and the relevant members of the IEP team as those members are determined by the parent and the district.



7. Participants are to consider if:



1. The conduct was caused by or had a direct and substantial relationship to the student’s disability;
   
   
2. If the conduct in question was a direct result of the district’s failure to implement the IEP.



• If either of these occur then the behavior is a manifestation of disability and student must return to current placement unless parent and district agree otherwise.


8. If the behavior was a manifestation and no behavior plan exits, the school district must conduct a functional behavior assessment and behavior plan.  If a plan exists, then is must be revised to address behavior.