Having a disability makes a student more likely to face discipline. Allegations of misconduct can affect a student's education and their mental and emotional health. They may increase the risk of behavioral issues or make it more difficult for students to reach their goals.
According to Rhode Island's own statistics, students with disabilities are more likely to be disciplined. During one school year, students with disabilities made up 16 percent of all K-12 students in the state. Of students who faced discipline, 26 percent had a disability. Students with disabilities were 30 percent of students who were suspended.
The overuse of discipline against students with disabilities isn't a small issue. It affects students throughout the United States from preschool to graduate school. The problem is serious enough that the U.S. Department of Education released guidelines on how to reduce disciplinary action against students with disabilities.
In some cases, disciplinary action against a student can be discriminatory. It may deny a student their right to an education.
K-12 students do have more protections than college and graduate students. K-12 schools also have more requirements for supporting students and tracking their progress.
Knowing these statistics can help show it's not that one student is the problem but a systemic one. All the same, statistics take a backseat when it's you or your student dealing with misconduct allegations.
All students deserve to learn without being discriminated against. The current use of discipline against students with disabilities, however, does just that.
If you or your student is facing misconduct allegations and disciplinary action, you need an advocate. The Education Law Team at the Lento Law Firm works with families and students in Rhode Island to understand the process, be proactive, and defend their rights. Call us at 888-535-3686 or fill out an online form.
K-12 Students in Rhode Island
K-12 students with qualifying disabilities receive special support through the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973.
Students who qualify under IDEA receive an Individualized Education Plan (IEP). Students who are eligible under Section 504 will get a 504 Plan. Accommodations and support can extend beyond the classroom to extracurricular and other school activities.
Manifestation Determination
In disciplinary cases, schools don't always have to consider a student's disability. Manifestation determination refers to when schools do need to consider the relationship between a disability and a student's behavior or actions.
Schools must conduct manifestation meetings when:
- A student's educational placement changes for more than ten days during one school year
- A student's educational placement changes for more than ten days consecutively
Educational placement means a student is removed from their normal classroom or schedule. Suspension is perhaps the most common example of a change in educational placement.
IDEA establishes the policies about manifestation determination. The U.S. Department of Education has stated that students with 504 Plans follow the same rules about discipline and manifestation determination.
Meeting
When a student's change in placement triggers manifestation determination, schools must schedule a meeting with the student's parents. The purpose of this meeting is to consider two questions:
- Did the student's disability cause or have a direct and substantial relationship to their conduct?
- Was the student's conduct the direct result of a school failing to implement that student's IEP?
Rhode Island expects these meetings to include all relevant information when making these determinations. Relevant information may include:
- The student's file
- The student's IEP or 504 Plan
- Teacher or staff observations
- Any relevant information that parents provide
Just as IEP meetings should focus on the student and not their disability, manifestation determination meetings should be about the specific situation(s) and the specific student and their behavior. Schools shouldn't arrive at the same conclusion simply because a student has the same disability and has committed a similar misconduct violation as another student.
Not a Manifestation
When a student's actions aren't a manifestation of their disability, schools can discipline them similarly to any student. Any action taken by the school must be similar to what any other student would receive in similar circumstances.
Schools must continue to provide a student with special education services during a suspension or other disciplinary actions. Accommodations and support can differ from what's on a student's IEP or 504 Plan as long as they allow a student to make progress on their schoolwork and IEP / 504 goals.
Manifestation of a Disability
Rhode Island emphasizes that even if a student's behavior was a manifestation of a disability, all actions should have consequences to avoid a repeat of that behavior. These consequences should focus on teaching a student acceptable behavior and avoiding future misbehavior.
Helping a student improve their behavior means understanding the reasons for a student's behavior. To achieve this goal, students must undergo a functional behavior assessment (FBA). The goal of an FBA is to develop a theory about a student's behavior and use that theory to craft a behavior intervention plan (BIP).
If a student already has an FBA and/or a BIP, the school and parents should meet to discuss how to create or revise a BIP and possibly the student's IEP or 504 Plan.
If the student's behavior relates to a school not implementing their IEP or 504 Plan, the school must take immediate action to provide those services.
Parents and guardians can request a meeting to discuss a student's IEP or 504 Plan at any point during the school year. Misconduct may indicate a student's IEP or 504 Plan isn't effective and needs revision.
FBAs and BIPs
The goal of a functional behavioral assessment (FBA) is to use data to develop a hypothesis about a student's behavior. To help a student improve their behavior, schools, and families must understand the reasons for that behavior.
- A student's behavior may be due to:
- A need to get or avoid something
- Physical needs, such as sleep or food
- Social or environmental factors that trigger or encourage
Schools should assemble a wide range of data to arrive at a theory.
Once a student has an FBA, school staff and parents will use the information gathered to create a behavior intervention plan (BIP). A BIP is similar to an IEP or 504 Plan, but the focus is on behavior. A BIP should include a plan to address a student's behavior through support and services.
A BIP should work in concert with an IEP or 504 Plan. Schools and parents may need to revise an IEP or 504 Plan to ensure everything is working together to support a student.
Special Circumstances
In some cases of serious misconduct, schools can place a student in an interim alternative educational setting (IAES) for up to 45 days without a manifestation determination meeting. These situations are known as special circumstances.
These special circumstances are:
- A student carries a weapon to school or possesses a weapon at school, on school grounds, or during school events
- A student knowingly possesses, uses, solicits, or sells illegal drugs or controlled substances at school, on school grounds, or during school events
- A student inflicts serious bodily injury on another person at school, on school grounds, or during school events
What is an Interim Alternative Educational Setting (IAES)?
An IEP team will decide a student's Interim Alternative Educational Setting (IAES). An IAES must allow a student to continue with both the general education curriculum and with their IEP or 504 Plan goals.
A student must continue to receive services and accommodations during their time in an IAES. These accommodations don't have to be identical to what's on a student's IEP or 504 Plan but must still be effective.
While in an IAES, a student must undergo a behavioral assessment. They should also receive the services modifications necessary to allow the school to address the behavior or conduct that led to the placement. The goal is to prevent future disciplinary actions.
In addition to the above special circumstances, students may be placed in an IAES after a manifestation determination meeting if parents and school staff agree. If parents don't agree, schools may file an appeal.
Appeals
Schools and families may disagree about what's best for a student. In cases of disciplinary issues, both families and schools have the right to appeal. Families may appeal decisions about:
- A student's educational placement
- A manifestation determination
Schools may appeal when they think a student's current placement is substantially likely to result in harm or injury to a member of the school community.
These appeals aren't the same as IDEA's dispute resolution procedures. In Rhode Island, these dispute resolution options include mediation, facilitated IEP or 504 meetings, complaints, and due process hearings.
Knowing when to file an appeal or when another dispute resolution option would be best can be a difficult decision. If you disagree with a school's decision or a school has appealed your child's placement, contact the Education Law Team at the Lento Law Firm.
Seclusion and Restraint
Seclusion and restraint are controversial disciplinary techniques. Those who oppose these practices say they negatively impact a student's mental and physical health.
Rhode Island bans schools from using seclusion, which is involuntarily placing a student alone in a closed or locked room. There are no exceptions.
Schools may use time-outs. These time-outs must be supervised, and a student must have access to school staff.
Restraint refers to limiting a student's movements. Rhode Island bans chemical restraint or drugging a student but does allow manual or mechanical restraint in limited situations. It's limited to emergency situations when a student poses a threat of harm to themselves or others.
If a student has a BIP in place, school staff must follow all steps in the plan before resorting to restraint. Schools are also expected to use other techniques to de-escalate a situation or behavior before using restraint on a student.
Schools must inform parents if they restrain a student. If your child has been subjected to restraint or seclusion at school, contact the Education Law Team at the Lento Law Firm immediately.
College and University Students in Rhode Island
Once students enter college, IDEA no longer applies. The two governing rules are Section 504 and the Americans with Disabilities Act (ADA). While both prohibit disability-based discrimination and require schools to provide accommodations, neither has anything on the intersection of disabilities and discipline.
Colleges and universities also have fewer reporting requirements, meaning it's difficult to determine outcomes and disciplinary actions involving students with disabilities. Even if this data were collected, the majority of students with disabilities don't inform their school of their disability.
Once in college, students must become self-advocates. They're responsible for informing the school of their disability, providing documentation, and requesting accommodations. If a student is missing documentation or needs updated information, they're responsible for paying for any assessments.
Each university sets its policies for requesting disability accommodations. Some schools, particularly larger universities, may have different ways to request accommodations depending on a student's disability, their program, or the type of accommodation requested.
The Rhode Island School for Design has a general process for requesting accommodations. Certain programs, such as the Brown|RISD Dual Degree, may have specific requirements.
College students report that the current system doesn't adequately support disabilities. In other words, students not only have to bear the costs and effort to request accommodations, these accommodations may not be sufficient to help them reach their academic goals.
Being accused of misconduct only adds to a student's burden. Whether an academic or code of conduct violation, a possible disciplinary hearing puts even more pressure on a student.
Discipline and Disability
Most college and university disability services offices have procedures for appeals and filing complaints. Brown University's appeals process is similar to that of most schools because the focus is exclusively on appealing decisions on accommodations.
These offices generally don't handle discipline. Disciplinary hearing boards generally aren't well-versed in disabilities. The result is that a student with disabilities who is facing a disciplinary hearing lacks an advocate. Disciplinary boards don't have to consider their disability. Disability services offices can't offer support because it's not part of their responsibilities.
College and graduate students don't have to fend for themselves in these situations. The Education Law Team at the Lento Law Firm can help you understand the disciplinary process, build a defense, and protect your education. You've worked hard to get to this point, and you shouldn't have your dreams taken away because of alleged disciplinary issues.
Protect Your Education
The unfair use of discipline against students with disabilities deprives them of their right to an education. It makes it more difficult for students to reach their goals and may leave long-term mental and emotional scars.
The Education Law Team at the Lento Law Firm works with students and families in Rhode Island and throughout the United States. We help our clients find collaborative, education-centered solutions. Call us at 888-535-3686 or fill out an online form.
