Students with disabilities are more likely to be subjected to school discipline. This can lead to them being unfairly labeled as problems.
All students deserve to attend school without discrimination, but the overuse of discipline against students with disabilities is serious enough that it amounts to discrimination. The U.S. Department of Education has even released guidelines on the topic.
K-12 students have some protection against the unfair use of discipline. College and university students aren’t given the same level of protection.
All students deserve to be able to attend school without fear. Allegations of misconduct can disrupt a student’s education and make it more difficult for them to reach their goals.
If you or your student has a disability and has been accused of misconduct, contact the Education Law Team at the LLF National Law Firm. Call us at 888-535-3686 or fill out an online form.
K-12 Students in Maine
The United States gives all children the right to a free appropriate public education (FAPE). For students with disabilities, this includes the right to special education services. The overuse of discipline against students with disabilities may deprive a student of their FAPE rights.
Students with disabilities qualify for special education support under either the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973. These two laws use different definitions of disabilities, and schools must assess a student to determine their eligibility.
Students who qualify under IDEA will receive an Individualized Education Plan (IEP). This written document lists what services and accommodations a student will receive as well as a student’s goals.
Students who qualify under Section 504 receive a 504 Plan. These plans can include accommodations and modifications for both the classroom and extracurricular activities.
In matters of school discipline, a student’s IEP or 504 Plan is less relevant than the potential for unfair use of discipline. Any student with disabilities has the same due process rights.
Manifestation Determination
In disciplinary cases, schools don’t always have to consider a student’s disability. Manifestation determination refers to when schools must 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 an example of a change in 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?
These meetings should focus on the specific details and events. Discussions about a student’s disability should focus on the student in question and not general guidelines for a student’s disability.
Not a Manifestation
Schools may discipline a student based on their policies if a student’s misconduct wasn’t a manifestation of their disability. Disciplinary actions must be similar to what any other student would receive in a similar situation.
During any disciplinary action, such as suspension, schools must continue to provide a student with special education services. These accommodations and support must still be effective but can differ from what’s on a student’s IEP or 504 Plan.
Manifestation of a Disability
If a student’s actions were a manifestation of their disability, schools cannot discipline a student based on school policy. If the student’s behavior relates to a school’s failure to implement its IEP or 504 Plan, the school must take immediate action to provide those services.
Schools must also schedule a functional behavior assessment (FBA) for the student. The results of the FBA will help determine how to help a student improve their conduct through 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. These discussions should incorporate any needed changes to the student’s IEP or 504 Plan.
In general, parents and guardians may want to request a meeting to discuss a student’s IEP or 504 Plan. Families can request meetings to review an IEP at any point, and misconduct might be a sign that a student’s IEP or 504 Plan isn’t effective.
Special Circumstances
Even when a change in placement is over ten days, schools may not have to conduct a manifestation determination meeting. These situations are known as special circumstances and focus on serious cases of misconduct.
When these special circumstances occur, schools may place students in an interim alternative educational setting (IAES) for up to 45 days. Schools don’t have to consider what role a student’s disability plays in their behavior.
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
Schools must continue to provide special education services to students who are in an IAES. These accommodations don’t have to be what’s listed on a student’s IEP or 504 Plan. As long as these services allow a student to make progress with their goals, they qualify.
Appeals
Families don’t have to simply accept a school’s decision. 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 in situations when they think a student’s current placement is substantially likely to result in harm or injury to a member of the school community.
Hearing officers oversee these appeals. These appeals are different from IDEA’s dispute resolution procedures, which include mediation and IEP Facilitation.
If you disagree with a school’s decision or if a school has appealed your child’s placement, you may be unsure of the best way to proceed or what’s best for your student. The Education Law Team at the LLF National Law Firm helps our clients understand their options and pick the one that’s best for their goals and situation.
PBIS
The Maine Department of Education and the University of Maine system partnered to support Positive Behavior Interventions and Supports (PBIS). While schools aren’t required to offer PBIS, the state offers training and other support to schools that either are or want to implement the program.
The goal of PBIS is to improve student behavior and student outcomes. PBIS supports all students but recognizes that some students require more support. Tier 1 supports all students, while Tier 3 provides more individualized support. Functional Behavior Assessments (FBA) and Behavior Intervention Plans (BIP) are part of Tier 3.
FBAs
Functional behavior assessments (FBA) use data and evidence to help understand a student’s behavior. The goal of an FBA is to develop a theory about the reasons or triggers behind a student’s behavior. This theory is then used to craft a behavior intervention plan (BIP).
While FBAs are required after some manifestation determination meetings, they can be conducted at any point. By allowing schools and parents to understand the reasons beyond a student’s actions, FBAs help support improved student outcomes.
Maine uses the following steps for FBAs:
- Define the behavior in observable, measurable terms
- Learn about the behavior through interviews and other evidence
- Look for where, when, and why the behavior occurs
- Summarize findings
- In some situations, witness the behavior or interview those who have witnessed the behavior
- Establish a hypothesis about the behavior and where, when, and why it happens
FBAs should use several types of data. This can include school records, interviews with school staff, and anything that helps shine a light on a student’s actions and behavior.
BIPs
Once an FBA is complete, the next part of the process is a behavior intervention plan (BIP). Maine defines BIPs as proactive action plans intended to minimize behaviors that interfere with a student’s ability to learn. This can include behavior that affects other students and their ability to learn.
BIPs are similar to IEPs or 504 Plans; they only focus on behavioral issues rather than the need for special education services. BIPs should work with a student’s IEP or 504 Plan.
When parents and school staff draft a BIP, they should take a student’s IEP or 504 Plan into account. All of these documents should work together, and it may be necessary to revise a student’s IEP or 540 Plan to ensure goal uniformity between these documents.
Possible components of a BIP:
- Defining target behaviors
- Measurable, specific goals
- Evidence-based interventions
- Who’s responsible for implementing the BIP
- How to monitor a student’s progress
Just like IEPs and 504 Plans, BIPs should be unique to the individual student. Just as two students with the same disability may require entirely different accommodations, similar behavior doesn’t mean two students will benefit from identical support.
Seclusion and Restraint
Seclusion refers to involuntarily confining a student in a room or other space from which the student cannot leave. Restraint refers to limiting a student’s movement. Both practices are controversial.
Maine limits the use of either to situations when:
- A student’s behavior poses an imminent threat of serious physical injury to anyone
- Less restrictive interventions would be ineffective
- The restraint or seclusion ends as soon as the imminent threat of danger ends
- School staff use the least amount of force necessary
Referred to as crisis management intervention, Maine encourages schools to use other proactive strategies for handling emergencies and other crises.
Numerous reports indicate that being subjected to seclusion or restraint can have long-term, negative effects on a student’s health. While schools are required to report on the use of either, evidence indicates schools underreport their use.
If your child has been subjected to seclusion or restraint, contact the Education Law Team at the LLF National Law Firm immediately. No child should be afraid to go to school.
College and University Students in Maine
The good news is that colleges and universities must still provide accommodations and support for students with disabilities. The bad news is that the level of support is much lower, and much of the work now falls to students.
College and graduate students need to self-advocate. They’re now responsible for documentation and requesting accommodations.
Each college or university sets its policies for requesting accommodations and what’s required. Some colleges have different documentation requirements for different disabilities or types of accommodations. Others divide disability services by departments or between undergraduate and graduate.
The University of Maine, for example, has three types of accommodation requests: academic, housing, and ESA. As their FAQ states, students may not receive the same accommodations as they did in high school.
The result is that the majority of students with disabilities, once in college, don’t request accommodations. This not only deprives them of needed support but may also make it more difficult if and when they face misconduct allegations.
Disabilities and Discipline
Unlike K-12 schools, colleges and universities don’t have to consider a student’s disability during disciplinary hearings. Students with disabilities once again have the full responsibility for navigating the process with little help.
While many university disability offices have grievance and appeals processes, these relate to accommodations. Disability services offices generally aren’t equipped to handle misconduct allegations such as Title IX or academic issues.
These officers often do have appeals and grievance procedures, but they’re different than disciplinary proceedings. The appeals process usually relates to the office’s primary purpose: accommodations. Colby College’s grievance process is for denied accommodations requests and inappropriately implemented accommodations.
If and when college or graduate students face a disciplinary hearing, they need support. They need an advocate and someone who can help them navigate the process.
The Education Law Team at the LLF National Law Firm assists college and graduate students. We appreciate the time and effort it’s taken you to get to college, and we want to help you protect your education and your goals.
Protect Your Future
You or your student has a disability and has been accused of misconduct. Such allegations can affect not only a student’s ability to participate in school activities, it can negatively affect their opportunities and their future. When schools fail to consider how disabilities can influence behavior, they may resort to punishments rather than prevention.
Proactive services that address behavioral issues can minimize misconduct. Effective accommodations can also reduce misconduct.
When students with disabilities don’t receive sufficient support in school, they’re more likely to act out. These students can unfairly be labeled as problems and bear the full brunt of a school’s lack of support and preventative training.
All students have a right to an education free from discrimination. The Education Law Team at the LLF National Law Firm works with students and families in Maine and throughout the United States.
We understand the issues that face students with disabilities and focus on collaborative, education-centered solutions. Call us at 888-535-3686 or fill out an online form.