IDEA 2004 Close Up: Disciplining Students With Disabilities


By Candace Cortiella, The Advocacy Institute


Like all students, those with disabilities can be suspended or expelled for violating the school's code of conduct. However, IDEA provides some additional procedures that schools must follow when disciplining students with disabilities. These procedures were put into IDEA to prevent schools from suspending or expelling students without considering the effects of the child's disability. These procedures are different depending on:

Know Your Child's Code of Student Conduct

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. Your 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.

Schools Can Make Case-by-Case Determinations

IDEA 2004 provides school personnel with the authority to consider any unique circumstances on a case-by-case basis when making a determination to discipline a student with a disability. This provision provides flexibility for school personnel who are often operating within a district's "zero-tolerance" policy. A zero-tolerance policy usually requires school personnel to follow a suspension or expulsion policy for any student who violates the code of conduct, regardless of the circumstances. Now, school personnel may choose not to suspend a student with a disability if the unique circumstances lead school personnel to 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 of a school code of conduct could be unique circumstances considered by school personnel. In all cases, the disciplinary action considered for students with disabilities must be the same as for students without disabilities. In other words, school personnel may not increase a student's suspension because of the student's disability.



IDEA 2004 Discipline Rules

For disciplinary actions lasting 10 school days or less:


The team must also determine if the conduct was the direct result of the school's failure to implement the student's IEP, including a behavior intervention plan. If the group decides that the student's behavior was a direct result of the school's failure to implement the IEP, the school must take immediate steps to remedy the deficiencies and return the student to his/her original placement.

A Series of Short Removals Can Constitute a "Pattern" and a "Change of Placement"

When frequent disciplinary actions add up to more than 10 school days in a school year, such removals may constitute a "pattern." A pattern is indicated when the student's behavior and the length of removal is the same or similar to previous incidents , and the incidents are in close proximity to one another. A pattern of removals of 10 days or less, once they total more than 10 school days, carries the same requirements as a removal of more than 10 days and is considered a change of placement for the student. While the school has the responsibility for making a determination about whether a pattern constitutes a change of placement on a case-by-case basis, parents should be alert to a possible pattern developing when their child's misconduct is resulting in a series of disciplinary actions.

"Manifestation Determination" - How Is Behavior Related to Disability?

IDEA 2004 has made some significant changes to the manner in which a determination is made about the relationship between the student's behavior that leads to the disciplinary action, and the student's disability. These changes will make it more difficult than was previously the case to establish a connection between disability and behavior, and to reach a conclusion that the behavior resulted from the disability. The decision reached in the manifestation determination is important because it will influence what can happen to the student's continued services and placement.

In making the manifestation determination, the team (comprised of school personnel, the student's parents, and other relevant members of the student's IEP team) will review:


  1. Considering the behavior subject to discipline, review the student's behavior to determine if it was caused by, or had a direct and substantial relationship to, the student's disability. For example, a student's low self-esteem, while possibly a by-product of a learning disability, is not alone sufficient to be considered a basis for finding a direct relationship between the student's disability and behavior.

Finding of Manifestation


If the team finds that the student's behavior was related to the disability or an improperly implemented IEP, the student is returned to the original education setting unless the parents agree to a new placement as part of the behavior intervention plan.

Finding of No Manifestation



Be on the Alert for the "Special Circumstances"

Certain offenses can lead to a student being moved to an interim alternative educational setting for up to 45 school days even if the conduct is determined to be related to the student's disability. Removing a student for these offenses does not require parent permission or agreement, nor does it require any involvement by a hearing officer or other impartial third party. These offenses are:

If a student carries or possesses a weapon:


If a student has inflicted serious bodily injury upon another person:


Parent Right to Appeal

Parents have the right to challenge any decisions made regarding the interim alternative educational setting or the determination regarding the "manifestation determination" by asking for a due process hearing. Schools can also request a hearing if school personnel feel that returning a student to the original educational setting is highly likely to result in injury to the student or to others.

In either case, the hearing must be "expedited" by:

IDEA 2004 made an important change to the placement of students during this appeal process. Before, a student was to remain in his or her current educational placement during the appeal process - often referred to as "stay put." Now, under IDEA 2004, the student remains in the interim alternative educational setting, unless the parent and the state agree otherwiseor the time period for the infraction (e.g., 45 school days for special circumstances or duration applied to non-disabled students) has expired.

Students Not Yet Eligible for IDEA


Certain exceptions apply to the above circumstances. They include:


Special Note:

Provisions in IDEA 2004 allow schools to provide early intervening services to students who are considered "at risk." At-risk students are those who show a need for additional academic or behavioral support to succeed in general education, but who are not identified as needing special education. In addition, IDEA 2004 allows schools to use a "response-to-intervention" (RTI) process as part of its procedures for identifying students as having specific learning disabilities and needing special education. A child in either the "at risk" or "RTI" circumstances may not be considered to possibly need special education services unless at least one of the first three bulleted conditions in the section above has been met.

IDEA's provisions regarding the discipline of students with disabilities are complex and often confusing. If your child becomes the focus of a disciplinary action, you should seek information and guidance from expert resources such as your state's Parent Training and Information Center (PTIC).
