Discipline Requirements Under IDEA 2004 Exceptional Student Services Arizona Department of Education (602) 542-4013 Discipline for Special Education IDEA 2004
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Exceptional Student Services
Arizona Department of Education
This presentation represents the current understanding of the Arizona Department of Education, Exceptional Student Services. Recognize that new Regulations, court decisions and future OSEP interpretations may change or alter the guidance being provided.
PEAs can remove a student with disabilities for a maximum of 10 cumulative school days per school year without providing FAPE.
Students with disabilities can be suspended more than 10 days but are entitled to receive FAPE on the 11th day.
For suspensions beyond 10 school days, the student’s IEP team must determine the need to conduct a FBA and develop a BIP and document the need for the decision if a FBA will not be conducted.
Suspension of a student with disabilities for more than 10 school days in a school year constitutes a “change of placement.”
When the student no longer has access to the general curriculum and his/her IEP is not being addressed, a change of placement has occurred.
If a series of short suspensions constitute a “change of placement,” the IEP team must determine what educational services are to be provided to the student during future suspensions.
An IEP meeting must be convened within 10 school days after a “change of placement” occurs to conduct a manifestation determination.
A manifestation determination must be conducted by the student’s IEP team, including the parent, and other qualified personnel. The IEP team must determine whether the student’s behavior was a manifestation of his/her disability.
If the IEP team determines the behavior was not a manifestation of the student’s disability, the student may be subjected to the same disciplinary action as a regular education student, but the student remains entitled to FAPE.
If the behavior involves drugs, serious bodily injury or weapons and isnot a manifestation of the disability …
*If student is in Jail (Secure Care), FAPE will be provided by Secure Care staff.
If the IEP team determines the behavior is a manifestation of the student’s disability, the student may not be suspended.
If the behavior is a manifestation of the disability …
If the behavior was or was not a manifestation of the disability, but the IEP was not implemented as written:
PEAs may order a student with disabilities be placed in an interim alternative educational setting (IAES) for no more than 45 school days if the student is involved in matters of dangerous weapons , drugs or serious bodily injury regardless of relationship to disability.
If a parent disagrees with an IEP team’s manifestation determination, he/she may request an expedited due process hearing to resolve the dispute.
A parent may request a hearing if he/she disagrees with any decision regarding placement, manifestation determination, or with an LEA who believes that maintaining the current placement is likely to result in injury to the child or others.
The PEA may order a change of placement to an IAES for a student with a disability, based on a case-by-case basis, for a for a code of conduct student violation:
A regular education student may assert the disciplinary protections of IDEA if the PEA “had knowledge” that the student was disabled prior to the student’s misconduct.
If a regular education student is facing expulsion and the parents assert that the student had a disability (and the district had knowledge), the PEA must conduct an expedited evaluation.
If a student displays behaviors that indicate the potential for suspension, timely interventions can prevent the need for such action.
“The goal of school discipline should be to change students' behavior, not eliminate them from school. “
-Eric P. Hartwig