If your child has an Individualized Education Program (IEP), you may have concerns about how their school handles student discipline, especially when it comes to behaviors linked to their disability. The Individuals with Disabilities Education Act (IDEA) provides specific protections to ensure your child’s behavior is addressed fairly and appropriately.
In this post, we’ll explain how discipline works for students with IEPs, how you can advocate for your child, and what steps to take if you feel the school isn’t following the law.
1. What Does IDEA Say About Student Discipline?
The IDEA is a federal law designed to ensure students with disabilities receive a free and appropriate public education (FAPE). This includes protections regarding student discipline. When it comes to behavior issues, IDEA requires schools to consider your child’s disability before applying typical disciplinary actions, such as suspension or expulsion.
If your child’s behavior is a result of their disability, the school must follow certain steps to ensure they are not unfairly punished and that their educational needs continue to be met.
2. How Are Serious Student Discipline Concerns Handled?
When a student with an IEP faces serious disciplinary action, such as suspension for more than 10 consecutive days or multiple suspensions adding up to 10 days, the school must hold a manifestation determination review. During this review, the school, you (the parent), and other members of the IEP team meet to determine if your child’s behavior was caused by their disability or if it was due to the school not following the IEP.
If the behavior is linked to your child’s disability, IDEA requires the school to adjust their approach. Instead of simply punishing the behavior, the school must work to find solutions, such as providing additional support, modifying the educational plan, or creating/revising your child’s Behavior Intervention Plan (BIP). If the behavior is not related to the disability, the school can discipline your child as it would any other student.
Behavior Intervention Plans (BIP)
One of the most effective tools for managing behavior issues in students with disabilities is the BIP. If your child’s IEP includes a BIP, it should outline specific strategies for addressing behaviors related to their disability. The plan should be proactive, focusing on preventing behavior problems and helping your child develop positive behavior skills.
If your child has frequent behavior issues, you can request a Functional Behavior Assessment (FBA) to identify the underlying causes. The results of the FBA should guide the development of the BIP. This plan ensures your child is supported and their behavioral needs are met in a structured, positive way.
Pro Tip: Has your child’s BIP been reviewed recently? If your child is struggling with behavior, it may be time to update the plan to better fit their needs.
3. What Happens After a Manifestation Determination?
If the IEP team determines that your child’s behavior is a manifestation of their disability, the school cannot suspend or expel them in the same way they would for other students. Instead, the team must take steps to address the behavior by modifying your child’s IEP and/or BIP. This could involve additional support services, such as counseling, or changing your child’s placement to a more appropriate educational setting.
However, if the behavior is not linked to your child’s disability, the school can apply the same student disciplinary actions it would for any other student. Even in these cases, IDEA ensures your child continues to receive the services outlined in their IEP, even if they are removed from their regular classroom for more than 10 days.
4. Your Role as a Parent in the Process
As a parent, you are a crucial part of your child’s IEP team. If you disagree with the school’s decision about your child’s behavior or the discipline being imposed, you have options:
Attend the Manifestation Determination Review (MDR): You have the right to be involved in every step of the discipline process.
File a Due Process Complaint: If you believe the school isn’t following IDEA, you can request a due process hearing, where an impartial judge will review the case. It’s often beneficial to consult with a special education attorney, who can help file the complaint and represent your interests during the hearing.
Request Mediation: This less formal process can resolve disputes with the school before moving to a due process hearing.
5. How to Advocate for Your Child
If your child is facing discipline, it’s important to stay calm and informed. Here are a few ways you can advocate for your child:
Know Your Rights: Familiarize yourself with IDEA and your child’s protections under the law. This will help you confidently advocate during meetings and discussions.
Communicate with the School: Keep open lines of communication with teachers, administrators, and the IEP team. Document any incidents, meetings, or decisions related to your child’s discipline.
Review the IEP Regularly: Ensure that your child’s IEP is up-to-date and includes appropriate supports and services for managing behavior.
Get Help if Needed: If you’re feeling overwhelmed, consider seeking help from a special education advocate or attorney who specializes in IDEA cases. For a free consult with IEP Defenders, fill out the Contact Us form on our website or call: 743-IEP-HELP.
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