School discipline for students with disabilities

School discipline for students with disabilities

Schools have a responsibility to make sure that all students, including those receiving special education, are familiar with the school?s code of student conduct. Parents also have a responsibility to understand their child?s school code of conduct and help their child understand the expectations and consequences involved with violating the code.

A child?s Individualized Education Program (IEP) team should determine any specialized help and instruction the child may need to understand the code and consistently demonstrate the appropriate classroom and school behaviors, including a functional behavioral assessment and a behavior intervention plan.

IDEA 2004 provides school personnel with the authority to consider any unique discipline circumstances on a case-by-case basis when determining how to discipline a student with a disability. This provision provides new flexibility for school personnel who are often operating within a district?s ?zero-tolerance? policy that usually requires school personnel to follow a suspension or expulsion policy for any student who violates the conduct code, regardless of the circumstances.

Now, school personnel may choose not to suspend a student with a disability, if they decide that suspension is not appropriate. Factors such as a student?s disciplinary history, ability to understand consequences, expression of remorse, and supports provided to the student prior to the violation could be unique circumstances considered. In all cases, the disciplinary action considered for students with disabilities cannot exceed those for students without disabilities (Education Law Center, 2007).
IDEA?s approach is to treat children with disabilities primarily the same as children without disabilities. Such cases like Ferraro -vs- the Board of Education of the City of New York (1961) and Grooms -vs- Malboro County School District (1992)are examples of criminal court cases involving students with disabilities. Dissect the 2 court cases concerning discipline where the special needs students was also charged with criminal conduct. Outline what school districts can do in cases where criminal wrongdoing has been determined.

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