Discipline of Children with Special Needs

Navigating Discipline Issues for Students with Disabilities

Disciplining students with disabilities requires special considerations to ensure their rights are protected under federal law. At Gerard V. Muriello, Attorney at Law, we offer expert guidance on handling discipline issues, including manifestation determination hearings and understanding the outcomes.

Disciplinary Protections Under IDEA

The Individuals with Disabilities Education Act (IDEA) provides specific protections for students with disabilities when they face disciplinary actions. These protections are designed to ensure that students with disabilities are treated fairly and that their educational needs are met even when disciplinary issues arise.

Manifestation Determination Hearing

A Manifestation Determination Hearing is a critical process under IDEA (20 U.S.C. § 1415(k)) that determines whether a student’s behavior that led to disciplinary action was a manifestation of their disability. This hearing must be conducted if a student with a disability is to be removed from their educational placement for more than 10 consecutive school days, or for a series of removals that constitute a pattern.

Key Components of the Manifestation Determination Hearing

  1. Purpose: To assess whether the behavior in question was directly related to the student’s disability. This involves reviewing the student’s IEP and the nature of the disability to determine if the behavior was a result of the disability or if the school failed to implement the IEP appropriately.
  2. Process: The hearing is typically conducted by a team that includes the student’s parents, school officials, and relevant members of the IEP team. The team reviews the student’s behavior, the IEP, and any other relevant information.
  3. Outcomes:
    • Behavior Not a Manifestation: If it is determined that the behavior was not a manifestation of the disability, the school can proceed with disciplinary action, such as suspension or expulsion. However, the student must still receive educational services during the disciplinary period.
    • Behavior is a Manifestation: If the behavior is determined to be a manifestation of the disability, the school must take specific actions, including:
      • Returning the Student to Their Previous Placement: The school must return the student to their original placement unless a change of placement is agreed upon.
      • Reviewing and Revising the IEP: The IEP team must review and possibly revise the IEP to address the behavior and ensure that appropriate supports are in place.
      • Conducting a Functional Behavioral Assessment (FBA): The school may need to conduct an FBA to better understand the behavior and develop a Behavior Intervention Plan (BIP) designed to prevent the problem behavior from happening again.t

Our Services

  1. Representation at Manifestation Determination Hearings: We provide representation and advocacy during manifestation determination hearings to ensure that your child’s rights are protected and that the outcome is fair and compliant with IDEA regulations.
  2. Guidance on Disciplinary Actions: We offer advice on how disciplinary actions should be handled and how to ensure that your child continues to receive appropriate educational services.
  3. IEP Review and Revision: We assist in reviewing and revising the IEP to address any issues related to behavior and to ensure that the necessary supports are in place.
  4. Functional Behavioral Assessments: We guide you through the process of conducting a Functional Behavioral Assessment to address and manage behavior effectively.