Special Education and Discipline
Students with disabilities are disciplined more frequently than their peers, but supports are available.
What can I do to help my child meet their behavior goals?
When students misbehave in school, they are often trying to meet a need that they may be unable to articulate or even identify. The school may conduct a Behavior Intervention Plan and should also conduct a Functional Behavioral Analysis. The BIP and FBA are complimentary pieces that identify the cause of a behavior and develop a plan to address it. A student's IEP or 504 Plan should also incorporate strategies to help them meet behavior goals.
Students are best able to progress when they have the right supports in place, so our special education team helps ensure that each piece is specifically tailored to your child and their unique abilities, strengths and challenges.
Can my child be suspended? What about the 10 Day Rule?
Removal from the classroom for 10 or more school days, whether consecutive or cumulative, is considered a change in a student's placement. The Individuals with Disabilities in Education Act outlines when students who have IEPs may have their placements changed. Students who have IEPs cannot be suspended or disciplined for behaviors that result from their disability.
School districts must conduct a Manifest Determination Review to determine whether or not a student's behavior was caused by their disability. The importance of the MDR cannot be stressed enough: if the decision at the MDR is that your child's behavior was not caused by their disability, then they may be disciplined in the same manner as their peers would be.
Our Special Education Team includes special education advocates and attorneys who can support whatever level of service your child needs. We can work with you and your child's school to help create behavior goals and develop a plan that helps them meet those goals. We can also attend Manifest Determination Reviews with you to advocate for your child from a professional prospective.