Special Education Discipline and Interim Educational Settings
by
Joseph C. Maya on Feb. 07, 2024
Summary: Children that require special education and related services must comply with a school district’s student code of conduct. That being said, the disciplinary procedures that apply are somewhat distinct from those used with non-special education students. In an article posted previously, I described the expulsion process for special education students in more general terms – today, let’s narrow that focus.
Special Education Discipline Process
If your special education child faces disciplinary action, his or her planning and placement team (PPT), of which you may be a member, will schedule a meeting to conduct a “manifestation determination.” In other words, the PPT will figure out whether “your child’s behavior was caused by or had a direct and substantial relationship to his or her disability.”[1] The PPT will also figure out whether the school district failed to implement your child’s individualized education program (IEP), thus prompting the misbehavior. The manifest determination must be conducted no later than ten (10) days after a decision to change your child’s placement.[2]
If the PPT concludes that your child’s behavior did not result from his or her disability, he or she will be disciplined consistent with that received by any other student who behaved in the same way. However, if the PPT establishes either that the behavior “was a manifestation of his or her disability or was due to a failure to implement his or her IEP,”[3] the PPT must perform a functional behavioral assessment (assessment) as well as create and implement a behavioral intervention plan (plan).[4]
The assessment is used to gather information that may shed light on why your child acted the way he or she did, as well as “identify strategies to address your child’s behavior.”[5] In turn, the plan should be designed in a way so as to teach your child how to properly behave, as well as deter and eliminate negative behaviors.
Long-Term Placement in an IES
It is important to keep in mind, however, that your child could be removed from his or her current placement and into an interim educational setting (IES). In most instances, this alternative placement must not exceed ten (10) days and is determined by your child’s IEP. In limited situations, however, your school district may decide to place your child in an IES for upwards of forty-five (45) days. This is without regard to the results of the PPT’s manifestation determination. The three circumstances where this may occur are as follows:
- Your child carried or possessed a weapon to school or to a school-sponsored activity.
- Your child knowingly possessed or used an illegal drug, or sold or solicited the sale of a controlled substance on school grounds or at a school-sponsored activity.
- Your child inflicted serious bodily injury upon a fellow student, staff member, or any other person while on school grounds or at a school-sponsored activity.
What if I disagree with my child’s placement?
If you, as a parent, disagree with any decision relating to the above, you have the right to file for a due process hearing.[6] Unless you and the school district agree to otherwise, your child will remain in the IES until either the placement expires or a post-hearing decision is rendered.[7] Your local education agency must hold the hearing within twenty (20) days of the filing, and the hearing officer must render a decision within ten (10) days after the hearing.[8] Furthermore, the hearing officer has authority to your child’s regular placement if he or she “determines that removal was not valid or your child’s behavior was a manifestation of his or her disability.”[9]
[1] “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq.,, pp.31.
[2] 34 C.F.R. § 300.530(e).
[3] See Footnote 1.
[4] 34 C.F.R. § 300.530(f)(1)(i)-(ii).
[5] See Footnote 1.
[6] 34 C.F.R. § 300.532(a).
[7] 34 C.F.R. § 300.533.
[8] 34 C.F.R. § 300.532(c)(2).
[9] See Footnote 1.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
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If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.
