The Discipline
of Disabled Students in Sevier County Schools:
Few issues are more divisive for schools and teachers or more taxing to administrators, than determining how, when, and where the discipline of disabled students should occur. First, it is essential that some myths regarding disabled students be dispelled. Most students do not receive special education services because their parents want them to avoid the consequences of misbehavior. Second, the majority of special education students identified as ADHD are not simply hyperactive or inattentive. Third, being unable to perform academically is not a sign of laziness or ignorance.
The majority of students receiving special education services are identified as learning disabled or speech/language impaired. Although ADHD is an escalating category of disability in terms of identification and referral, more often than not it can be controlled by medication or other means. Behavior problems with children in these categories of disability, specifically the children who are LD or ADHD, are often the direct or indirect result of their disability. Children who are struggling to perform academic tasks beyond their ability grow frustrated and act out as a result. These are frequently children whose self-esteem is quite low, and failure to achieve success academically.
THE LAW SAYS:
WE'RE NOW REQUIRED TO PROVIDE FAPE (FREE AND APPROPRIATE PUBLIC EDUCATION) TO STUDENTS WHO HAVE BEEN SUSPENDED OR EXPELLED.
THE LAW SAYS:
CLASSROOM TEACHERS HELP DETERMINE POSITIVE BEHAVIORAL INTERVENTIONS AND
STRATEGIES, SUPPLEMENTAL AIDS AND SERVICES, PROGRAM MODIFICATIONS AND SUPPORTS FOR SCHOOL PERSONNEL.
THE LAW SAYS:
If the student's behavior impedes learning or the learning of others, consider, when appropriate, strategies, including positive behavioral interventions, strategies and supports to address that behavior have been put in place, then…
When a student with a disability violates a school rule:
The student may be placed in an IAES or other setting for up to ten days, provided the same option is available for non-disabled students. The "stay put" provision applies. In Sevier County the IAES would be the Alternative Learning Center on Boyds Creek Road, unless the student is currently in a restrictive placement such as a CDC or an SDC. Those students may not be sent to the ALC. While at the ALC, the student must continue to progress in his or her regular educational curriculum, and must have the modifications and accommodations specified in the IEP. It is the sending school’s responsibility to notify the Principal of the ALC of the child’s disability and to provide any and all appropriate modifications for the special education teacher at the ALC to use. No child may be sent to the ALC without parent notification.
Or..
The student may be suspended for up to ten days, provided the same sanction applies to non-disabled students.
Or..
If drugs or weapons are involved, the student may be placed in an IAES for up to 45 days, provided the same sanction is applied to non-disabled students. In such cases, the "stay-put" provision does not apply.
Or..
A hearing may be requested to place a dangerous student into the least alternative education setting (LAES) for maximum period of 45 days. If the hearing officer agrees, the "stay put" provision does not apply.
Functional Assessment/Positive Behavior Support Plans
The IEP team must determine if existing behavior supports and services are sufficient to address the identified concerns. If a functional assessment has not been completed, the IEP team must address when and what data will be gathered and then proceed with behavior plan development.
If a behavior plan had been in place, the IEP team should review the appropriateness of the plan and modify it to address misbehavior. A functional assessment should be used when an individual student is not responding to routine classroom and school wide systems; thus, an individualized plan is needed.
Conduct a Review
The IEP team may determine that the behavior was not a manifestation of the child's disability if the team first considers all relevant information, including:
· Evaluation results
· Observations
· IEP and placement
· Child’s ability to understand and control behavior
Implications
If the student's IEP is determined to not meet his/her need, or the components have not been fully implemented, then the behavior must be determined to be a result of the disability and the IEP team may initiate a change in placement, but may not suspend or expel long-term.
Results of Review
If the behavior is determined not to be a manifestation of the disability, disciplinary procedures may be applied (except FAPE must still be provided.)
THE LAW SAYS:
If LEA had knowledge that a child may have a disability, but did not identify the child prior to disciplinary action, child is protected under IDEA.
Remember:
Do not discipline children for behavior that is related to
known disabilities. The burden of proof rests with the school
district in determining whether a student’s misbehavior should be attributed to
a disability.
When long-term suspension or expulsion is necessary, children should not be without educational services.
Remember:
Procedural protections for children with disabilities must be closely scrutinized and judiciously supported.
Schools should maintain a continuum of placement options to meet the varying needs of children with disabilities. Matters and decisions relating to children with disabilities should be guided by a sense of fundamental fairness.
Remember:
School officials should familiarize themselves with the new provisions of IDEA regarding discipline, and follow them judiciously. Parents must be apprised of their rights under the IDEA and involved in all major decisions regarding the educational placement of their children.