(b) Was the behavior caused by or did it have a direct and substantial relationship to the child’s disability? There is NO relationship between the child’s action(s) and his/her disability (No Manifestation). 1. The IEP team considered all of the items listed above; AND 2. The IEP team determined that the answer to question (a) and (b) above is “YES.” ACTION :
1. The child is subject to the same discipline as used for nondisabled students; 2. FAPE must continue to be provided (special education services); and
3. If the parent disagrees with the school’s determination, an expedited due process hearing must be arranged and the child remains in the Interim Alternative Educational Setting (IAES) during hearing unless: (a) 45 days in an IAES expire; or (b) The parent and school agree on another setting. There IS a relationship between the child’s action(s) and his/her disability. 1. The IEP team considered all of the items listed above; AND 2. The IEP team determined that the answer to question (a) and (b) above are “NO.” ACTION: 1. The school may not suspend the child past 10 days or expel the child; and 2. Placement cannot be changed except through the usual IEP process. Important Additional Considerations 1. Children who violate conduct codes may claim IDEA protections if, prior to the incident: • The parent expressed concerns in writing to the LEA; • The child’s behavior or performance indicated a need for services; • Teacher(s) requested an evaluation or assistance regarding the behavior pattern; or • Teacher(s) or other personnel expressed concern about behavior to other professionals. 2. If an evaluation is requested during the time when the child is undergoing disciplinary action, the child remains in the current placement until the results of an expedited evaluation are available.
Chapter 9 – Behavioral Interventions and Supports for Students with Disabilities, Charter SELPA
Page 10
As of 11/18/2016
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