The Individuals with Disabilities Education Act (IDEA) outlines specific provisions regarding the discipline of students with disabilities to ensure that their rights are protected while also allowing for appropriate disciplinary actions when necessary.
Here are the key points IDEA indicates concerning the discipline of a student with a disability:
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Behavioral Intervention Planning: If a student with a disability exhibits behavior that leads to disciplinary action (particularly suspension or expulsion), the school must conduct a Functional Behavioral Assessment (FBA) and develop a Behavioral Intervention Plan (BIP) to address the behaviors.
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Manifestation Determination: Before a school can change the placement of a student with a disability due to disciplinary reasons (such as suspension for more than 10 days), they must conduct a manifestation determination review. This review assesses whether the student's behavior is a manifestation of their disability. If it is, the school cannot discipline the student in a manner that would change their placement.
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Short-term Suspensions: For short-term suspensions (less than 10 consecutive school days), schools may discipline students with disabilities in the same way they discipline students without disabilities, as long as services are still provided to ensure the student can continue to participate in the general education curriculum and receive appropriate support.
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Long-term Suspensions and Expulsions: If the behavior leading to disciplinary action is determined to be a manifestation of the student's disability, the student cannot be removed from their current placement, and the school must address the behavior through their IEP and BIP.
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Services During Suspension: If a student with a disability is suspended for more than 10 consecutive days, the school is required to provide educational services so the student can continue to make progress towards their IEP goals.
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Protection of Rights: IDEA provides additional protections for students with disabilities to ensure that they are not unfairly discriminated against and that their educational needs are met even during disciplinary actions.
Overall, IDEA emphasizes a balanced approach of holding students accountable while also ensuring that their educational right and needs are prioritized.