If your child violates a school rule, it makes a difference if he or she has a disability. Under IDEA, special disciplinary rules apply. If the child has a disability that has not been identified, but the school district had knowledge of the disability, the protections still apply. The school has knowledge when a parent has expressed a concern in writing that the child may need special education, when a parent has requested an initial evaluation, or a teacher or other personnel has expressed concern about the child. Also, the parent may request an evaluation at the time of the discipline, and that must be expedited. If a parent has refused an evaluation or services, none of the protections apply.
If the behavior was a manifestation of the disability, the IEP team will conduct a functional behavioral assessment, implement a behavioral intervention plan (BIP), review and modify any current plans, and return the child to the previous placement (with certain exceptions when the conduct endangers other people, or drugs or weapons are involved), unless the parents and school agree to a change of placement.
clickable chart on educating children with disabilities
- Texas Court Affirms Faith-Based School’s Right to Manage its Discipline Decisions
- Fitness for Duty and Mental Health, Part 2
- Coach Praying on the Fifty-Yard Line Not Entitled to First Amendment Protection
- Defining “Other Legal Disability” and Tolling Colorado’s Statute of Limitations
- Expelling a Student May Violate Pennsylvania’s Public Accommodation Law, Even for a Religious College