Disciplinary action applies to all students whether special needs or not. Disciplining students with special needs often present a legal liability for school administrators when they do not document, understand education code, and do not read the student’s Individual Education Plan (I.E.P.). With legal cases with regards to special needs on the rise, it is necessary for school administration to not only provide training for their staff, but to also update their knowledge on special needs education law. This means that administrators will need to holding their staff to the proper procedures and maintaining the proper documentations, (BSP’s, Manifestation Determination’s, work samples, Positive Behavior Intervention Plan (PBIP), Transition
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team together to discuss and go over the student’s I.E.P. In this meeting I would review the finding of the team, discuss the implementation of the student’s Behavior Support Plan (BSP) and consider recommendations from the team. Significantly, I would use this incident as a teachable moment. According to the California Education Code, students with disabilities are subject to the same suspension rules as nondisabled students, except that suspensions of students with disabilities cannot exceed 10 consecutive days (that is, 10 days in a row) without a “manifestation determination.” A teacher may suspend a student for up to two days (Cal. Ed. Code Sec. 48910, p.1). Additionally, a principal may suspend a student for up to five days. [Cal. Ed. Code Sec. 48911.] State law defers to federal law for most of the rules governing suspension and expulsion of special Education students (Cal. Ed. Code Sec. 48915.5, p. 1). In the meeting I would discuss the disciplinary options that would be available to the school before considering suspension. As the administrator refers to the I.E.P., it is a guide to what has been implemented under federal law, this document provides the development and readdressing of goals and notes that benefit the students access to a free and appropriate education. The parent is well within their right to call an I.E.P. to discuss the students
team together to discuss and go over the student’s I.E.P. In this meeting I would review the finding of the team, discuss the implementation of the student’s Behavior Support Plan (BSP) and consider recommendations from the team. Significantly, I would use this incident as a teachable moment. According to the California Education Code, students with disabilities are subject to the same suspension rules as nondisabled students, except that suspensions of students with disabilities cannot exceed 10 consecutive days (that is, 10 days in a row) without a “manifestation determination.” A teacher may suspend a student for up to two days (Cal. Ed. Code Sec. 48910, p.1). Additionally, a principal may suspend a student for up to five days. [Cal. Ed. Code Sec. 48911.] State law defers to federal law for most of the rules governing suspension and expulsion of special Education students (Cal. Ed. Code Sec. 48915.5, p. 1). In the meeting I would discuss the disciplinary options that would be available to the school before considering suspension. As the administrator refers to the I.E.P., it is a guide to what has been implemented under federal law, this document provides the development and readdressing of goals and notes that benefit the students access to a free and appropriate education. The parent is well within their right to call an I.E.P. to discuss the students