Every school has rules and regulations, and each student is expected to follow them. That includes students with Individualized Education Plans (IEPs) or 504 plans.
However, students with disabilities have extra protection under the Individuals with Disabilities Education Act (IDEA). Whether or not your child has violated school rules, you should know what schools can and cannot do to discipline your child.
Can the school move my child to another educational setting?
Yes, schools can remove a child from their current placement for violating the student code of conduct. The school may suspend your child or transfer them to an interim alternative educational setting.
However, they cannot keep your child from their regular placement for more than 10 consecutive school days. Otherwise, that constitutes a change in placement. When this occurs, the school must take several steps, such as:
- Giving the child educational services in their current setting
- Making interventions or accommodations to avoid further misbehavior
- Conducting a functional behavioral assessment (manifestation determination), if necessary
If your child undergoes a change in placement, you, the school, and the IEP team must start the manifestation determination review (MDR).
What is manifestation determination?
Essentially, an MDR aims to find out if the child’s behavior stems from their disability.
If the answer is yes, then the school must determine why the manifestation happened and what they can do to lessen it in the future. If your child already has an intervention plan, then the IEP team needs to review and modify it.
Sometimes, the school’s noncompliance with the IEP can result in the student’s behavior. If this is the case, then the school must implement the IEP or 504 plan properly.
But if the child’s misconduct was not caused by their disability, the school may discipline them in the same way as other students. If that means suspension, then the school must continue providing services to the child.
Can schools restrain or isolate students?
No, schools cannot restrain children or lock them in a room as a method of discipline. However, California law permits the use of restraints only if the student is a danger to themselves or others. It should only be a last resort.
Protections are not excuses for misbehavior
The protections outlined above are not meant to excuse poor behavior. Instead, they aim to discipline students in a way that is most effective for them but will not interfere with their learning. If you have concerns about discipline in your child’s school, don’t hesitate to consult a special education lawyer who can help assess the situation.