In This Issue . . .
February 15, 2011
If the school wants to suspend your child for more than 10 days, they must determine if his behavior was caused by his disability - a “manifestation determination.”
If your child's behaviors are symptoms of a larger problem that needs to be addressed, putting him out of school will not address these problems.
In this issue of the Special Ed Advocate, you'll learn what the school must do to determine if your child's behavior is caused by a disability. We answer some of the many questions we are receiving from parents and teachers who have questions about discipline.
Please don't hesitate to forward this issue to other friends, families, or colleagues.
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What Parents & Teachers Need to Know about Behavior Problems & Discipline
If your child has a behavior problem, your child's IEP team is required to consider "Special Factors" that affect his ability to learn.
IDEA includes procedural safeguards that are designed to protect your child's rights and yours.
Behavior Problems & Discipline:
What Parents & Teachers Need to Know.
You'll find a list of useful publications and resources that include strategies parents and teachers can use to assess problem behavior and teach appropriate behavior skills to children.
See Chapter 7: Special Factors in IEPs, p. 59, Wrightslaw: All About IEPs.
"How To" Guide for a Manifestation Determination
A Manifestation Determination Review to determine if your child's behavior is caused by his disability is a BIG deal. It is your last best chance to keep the issue out of the school disciplinary officer's hands.
Based on practical experience, attorney Bill Brownley provides a “how to” guide attorneys (and parents) can use during a Manifestation Determination Review.
Read the guide - Handling a Manifestation Determination Review
Caselaw About Discipline
Honig v. Doe, 484 U.S. 305 (1988). Decision from U. S. Supreme Court in discipline case. Clarifies that schools may not expel children for behaviors related to their handicaps; stay put; procedural safeguards are designed to protect children and parents; describes parent role.
Community Consolidated Sch. Dist. #93 v. John F. (IL) Excellent decision in discipline case; includes procedural violations, prior written notice requirements, manifestation determination review, suspensions for more than 10 days, expedited hearings, special education and related services under IDEA, "passing grades" are not evidence of FAPE, homebound instruction violated LRE, more.
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