Discipline Procedures for Students with Disabilities

Students with disabilities are more likely than non-disabled peers to be suspended or expelled. The student code of conduct provides a framework for infractions and consequences.  The way that the situations are identified and handled is up to the administrator’s discretion.  The Individuals with Disabilities Education Act (IDEA) contains special discipline rules for students with disabilities, including limits to the number of suspension days and checkpoints before expulsion or changes in placement.  It is important for parents to be aware of these rules and to advocate for their child as needed should discipline issues arise. 

Statistics Regarding Student Behavioral Disability in School

If your student is prone to behavioral difficulties, it’s important to understand how these statistics can lead to a negative path for your student if not addressed appropriately. 

Students with disabilities: 

• Are twice as likely to receive out-of-school suspension as those without disabilities

• Make up 75% of students that are restrained 

• Make up 25% of students that are referred to law enforcement.

Discipline Rules and Procedures versus Clinical Practices to Reduce Challenging Behaviors

All students are supposed to follow the school rules described in the code of conduct. If they violate those rules, the consequences and punishments described in the code of conduct are to be administered.   Because students with disabilities may have difficulty following these rules due to their disability, IDEA provides additional protections for students with a disability.  These rules put provisions in place to prevent extended suspensions or changes in placement that may affect the student’s ability to receive their special education services. 

Enforcing discipline rules usually involves administrators since they have the power and authority to apply the discipline, as well as being part of the IEP team. If a student is suspended for 10 days, either consecutively or cumulatively over the course of the school year, the school must hold a Manifestation Determination Review (MDR) meeting.   

If the behaviors leading to the suspension or placement change recommendation are determined to be a manifestation of the student’s disability, the student is returned to their previous placement.  The team is also required to conduct a Functional Behavioral Assessment (FBA) if one has not already been completed and to revise the student’s services related to behaviors. These discipline rules and procedures require the implementation of clinical strategies and interventions to help kids improve challenging behaviors. The individual set of interventions in place designed to help that student maintain appropriate behavior should be documented in a Behavior Intervention Plan (BIP).

Different Types of Discipline Enforcement

Suspension, expulsion, and in-school suspension (ISS). These phrases are sometimes used interchangeably, but they refer to different circumstances and provide background information for disciplinary decisions. 

1. Suspension 

Suspension is a temporary cessation of the educational services for your child for anywhere from one to ten days. The types of infractions that could possibly be considered for suspension are spelled out in the code of conduct for all students, regardless of whether they have an IEP or a 504 plan. All students, regardless of disability status, have basic rights when it comes to discipline, referrals, and suspension. They are entitled to know why they are being suspended and given an opportunity to explain, provide notice to their parent(s), and receive a copy for their record, as well as a right to appeal. You have a right to request your record be expunged if it is determined that the mention is improper.

2. ISS (in-school suspension) 

A child facing ISS remains at school, but not in the classroom with peers. When ISS is recommended the student is removed from their instructional environment and placed in a separated area. For middle and high school students, there is typically a designated detention or ISS room and supervisor.  For younger students, this may be removal from the class to someone’s office. The intent is to remove the possibility of engaging in any interactive activities while in ISS. A common issue to be aware of is that your child may or may not be receiving special education services while in ISS, but he or she is still entitled to such services.

3. Expulsion 

Expulsion prevents a student from attending the school setting for a longer period of time, often recommended through the end of a semester or end of the school year. A Manifestation Determination Review (MDR) would have to be held prior to the student’s removal from their educational placement.  If the behavior is determined to not be a manifestation of the disability, the student continues to progress through typical discipline procedures including formal discipline hearings. There are rules and procedures in place for all students regarding procedural safeguards for these hearings, and possible expulsion or recommendation for alternative school. If your student is facing an expulsion, you have the right to hire legal counsel as an impartial presence, as well as the right to appeal to a higher agency outside of your district. If your student with an IEP is required to attend alternative school, their special education services must still be provided in that setting.

Unofficial Suspensions

You might be wondering whether certain events count as a suspension. School systems do muff the 10-day suspension rule, so it’s important to be aware of what actually constitutes a suspension.

Examples include: 

• Principal calling a parent at 9 am requesting their student be picked up due to having a bad day

• Student not invited/included in field trip plans due to behavioral or discipline issues

• Student sitting with an office assistant all day outside the principal's office instead of receiving instruction in their classroom

In any of these situations, it’s important to ask for an official discipline notice so you can document it for your record and can count that towards your allowable 10 days of suspension. Any event that entails your student not being allowed to participate in school, and not receiving services, can potentially be seen as a suspension day. If your child didn't receive instruction and they stayed at home at the request of an administrator or another authority figure, that day counts as a suspension. Even if your child is present at school, if they're not in their instructional environment, and they did not have the services that would typically be provided to them by their special education teacher,  therapist or other professional, you could argue that day as an in-school suspension day and removal from services. 

Seasonal Changes in Suspensions

Early in the school year, administrators tend to use their 10 suspension days sparingly since they have to make them last until May or June. Around winter and before Christmas break students often don’t receive many days, due to behavioral issues being handled in the classroom or at school.

Once springtime rolls around, administrators know there are just a few short weeks left of school, resulting in handing out suspensions more freely. I refer to this timeframe as ‘March Madness’  or ‘School to Prison Pipeline Season.’ Later in the school year, discipline referrals spike because administrators judiciously handed them out earlier in the year. 

By this point in the spring, everyone’s tolerance level is dwindling. The odds are against students that have the propensity for discipline issues by the time the calendar turns into March, April, or May of the school year. 

Final Tips for the 10 Day Suspension Rule

School officials, including teachers, counselors, and administrators, should be putting intervention strategies into place to help your child remain in the classroom setting to receive their instruction for the day. As a parent, it’s important that you watch for red flags surrounding your child’s suspension days. Here are a few tips to help you keep track of suspension days your student has received over the course of the school year and to proactively reduce the amount of time the student is removed from instruction:

• Request copies of the official discipline referral paperwork documenting the suspension every time that you're asked to pick your child up from school.

• Keep records and a running tally of any time your student has been suspended, whether in or out of school or for a full or partial day.

• If your child is assigned to ISS, ask questions about if or how they are receiving special education services while they are in an ISS setting.

• If the school frequently calls you to come pick up your student, consider only coming to the school and taking your child home if they are truly sick or if they are hurt.

• Review your parental rights and become familiar with procedural safeguards regarding discipline

• Proactively request a Functional Behavioral Assessment (FBA) and/or Behavior Intervention Program (BIP) if your child has challenging behaviors even if they have not yet reached 10 days of suspension 

Regardless of behavioral issues that arise, school is the best setting for your student to learn. Being removed from a classroom and placed in ISS or being expelled or suspended leaves little room for your child to grow, let alone gain an understanding of why the behavior that landed them out of the classroom was unacceptable. 

A brighter future for your child begins today