IDEA emphasizes that students with disabilities who exhibit behavior problems be provided positive behavioral supports and services through the IEP process. This can include Functional Behavioral Assessment and Behavior Intervention Plans. Contrary to what many believe, school division policies in regards to discipline apply to students with disabilities. School officials can take disciplinary action against a student with disabilities. However, to do so they must follow the IDEA 's procedures. This permits students with disabilities to be disciplined while eliminating the possibility that they will be deprived of educational opportunities for behaviors that have a direct causal relationship with their disabilities. According to Yell,
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This decision must be made within ten school days of any decision to change a student 's placement and must be made by the school 's IEP team. The IDEA provides that other qualified individuals may be included in making this decision. This allows school administrators who were not part of the original IEP team to participate in making the manifestation determination. From my experience, this usually includes our Director of Special Education and School Psychologist. The team must determine if the nature of the student 's disability is such that it either impaired the student 's ability to understand the impact and consequences of the behavior, or it impaired the student 's ability to control the behavior. If the IEP team determines that the misconduct was not a manifestation of the student 's disability and the IEP is appropriate, the student may be disciplined as any other nondisabled student would be. During the suspension/expulsion period the student must be provided with special-education services. If the team determines the misconduct was a manifestation of the student 's disability the student may not be expelled. The IEP team could, however, propose a new placement if it is determined that the current placement is not meeting the student 's needs if parental consent is obtained. If …show more content…
If the student is charged with the possession of a weapon or drugs on school property, the student may immediately be removed for ten school days by following the normal suspension procedure. The student may then be placed in an interim alternative placement for a forty-five day period. This alternative placement must allow the student to progress in the general education curriculum and must be one in which the student 's special-education services can be delivered. In situations not involving drugs or weapons but cause school officials to feel the student 's continued presence in the school would cause a danger to others or could substantially interrupt the education process, the division can request an impartial hearing officer remove student to an interim setting for no more than 45
This decision must be made within ten school days of any decision to change a student 's placement and must be made by the school 's IEP team. The IDEA provides that other qualified individuals may be included in making this decision. This allows school administrators who were not part of the original IEP team to participate in making the manifestation determination. From my experience, this usually includes our Director of Special Education and School Psychologist. The team must determine if the nature of the student 's disability is such that it either impaired the student 's ability to understand the impact and consequences of the behavior, or it impaired the student 's ability to control the behavior. If the IEP team determines that the misconduct was not a manifestation of the student 's disability and the IEP is appropriate, the student may be disciplined as any other nondisabled student would be. During the suspension/expulsion period the student must be provided with special-education services. If the team determines the misconduct was a manifestation of the student 's disability the student may not be expelled. The IEP team could, however, propose a new placement if it is determined that the current placement is not meeting the student 's needs if parental consent is obtained. If …show more content…
If the student is charged with the possession of a weapon or drugs on school property, the student may immediately be removed for ten school days by following the normal suspension procedure. The student may then be placed in an interim alternative placement for a forty-five day period. This alternative placement must allow the student to progress in the general education curriculum and must be one in which the student 's special-education services can be delivered. In situations not involving drugs or weapons but cause school officials to feel the student 's continued presence in the school would cause a danger to others or could substantially interrupt the education process, the division can request an impartial hearing officer remove student to an interim setting for no more than 45