Behavior and Discipline
School Responsibility for Providing FAPE

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In This Issue ...

ISSN: 1538-320
February 5, 2019

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A child with a language impairment who receives special education is suspended. Does the school have to provide any educational services during suspension?

What is the school required to do?

IDEA protects a child with a disability from losing the right to FAPE because of behavior caused by their disabilities.

Yet, today, schools continue to suspend and expel students with disabilities for behavior. Often this behavior is a minor infraction of the school code of conduct.

In this issue of the Special Ed Advocate you will learn about the school's responsibility in behavior and discipline issues. We also provide you with information and resources about Functional Behavior Assessments and Positive Behavioral Interventions.

We hope you will forward this issue to other friends, families, or colleagues.

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Discipline: Suspension, Expulsions, & IEPs

Parent attorney Bob Crabtree describes the school's responsibilities under IDEA.

Learn about the provision of FAPE, alternative educational placements, functional behavioral assessments, behavior intervention plans, and more.


Behavior Management & Appropriate School Response

We have a Behavior Management Plan in place. But the school is NOT following the plan!

The school's position: BIP is not intended for every behavior issue. Is this correct?

Learn about Functional Behavior Assessments, Behavior Intervention Plans, parent's right to an Independent Educational Evaluation, and what a BIP should look like.

Wrightslaw: Special Education Law


Discipline: Alternative Placement

IDEA: 20 U.S.C. Section 1415(k)

The law about disciplining children with disabilities is in Wrightslaw: Special Education Law, 2nd Edition, pages 118-123. If you have a child who is being disciplined or put out of school, you need to read this section.

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Behavior Problems: What are Schools Required to Do?

A 15-year-old tenth grader diagnosed SED is functioning on a 2nd grade level. He is in a self-contained classroom, with a few hours in general education.

  • Must the school continue to provide special education services to the child in this setting if he is a danger to himself or others?
  • What about the safety of the other students, teachers, and administrators?

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