Individuals with Disabilities Education Act (IDEA) and
Discipline of Students with Disabilities - What the Law Allows and Requires

A. Historical Context of Exclusion of Children with Disabilities

B. Due process protections afforded under IDEA (Prior Notice, MDRs, Due Process Hearings, Stay Put provisions)

C. Widespread disciplinary problems arising at beginning and end of school year

D. Proposed legislative changes being considered now to IDEA protections

E. Proactive requirements of IDEA (BIPs, FBAs, Positive Behavioral Interventions)

II. What proactive requirements do school districts have to children whose behavior interferes with their ability to learn or the ability of others around them to learn?

A. “Special Factor” considerations at ARD meeting

B. Positive behavioral interventions to address that behavior

C. Functional behavioral assessments (FBA) and Behavior Intervention Plans (BIP)

D. Time outs, isolation, restraint, etc.

A. Removals from placement for less than 10 days

B. Removals from placement for more than 10 days

1. Long term removals for Weapons or Drug Offenses
2. Long term removals for Dangerousness to Self or Others
3. Long term removals for Student Code of Conduct Violations

IV. Are there any protections for children with disabilities that are not IDEA eligible?

A. Protections for children the school district “knows” need special education

1. Parent written or oral concers or request for evaluation
2. Behavior or performance demonstrates a need
3. Teacher concerns expressed to special education department/director

B. Protections for children who are disabled but not eligible for special education

1. Section 504 students
2. Students protected by state law