Washoe Country School District
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Discipline - Students, Special Education
When it comes to discipline, students with disabilities are entitled to receive special protections not afforded to the general student population. Different rules and limitations apply to disciplinary actions taken against students with disabilities. The Washoe County School District has created the following question/answer format to assist parents/guardians, students, school personnel and the community to better understand the procedural safeguards afforded to a student with a disability as governed by Individuals with Disabilities Education Improvement Act, IDEIA.
Can a student with a disability be suspended from school?
Yes. Typically suspensions are determined by the school administrator in relation to the school district's disciplinary codes. Suspensions are generally categorized into two types 1) Out of school and 2) In-school suspensions. The following provides additional clarification:
Out of school suspension(s):
The "10 Day Rule"
Generally, a student with a disability cannot be suspended for more than 10 school days, within the same school year, if his misconduct had a direct and substantial relationship to, his disability. Suspensions of more than 10 school days are subject to special rules and limitations when the student is disabled under either the Individuals with Disabilities Education Act, IDEA.
In-School suspension(s):
An in-school suspension lasting less than 10 days does not trigger the procedural safeguards of the IDEA. An in-school suspension that lasts more than 10 school days also is not considered a significant change in placement or a denial of services, assuming the in-school suspension placement meets these three factors:
- The student is afforded the opportunity to continue to appropriately progress in the general curriculum,
- the district continues to provide the services specified in the student's IEP, and
- the student continues to participate with non-disabled students to the same extent as he does in his current placement.
When is a manifestation determination required?
When it comes to discipline, there are several procedures that must be followed on behalf of students with disabilities. One such procedure is the manifestation determination. A manifestation determination examines the relationship between a student's disability and his or her misconduct. Such an evaluation must be undertaken when the school district proposes to take specified serious disciplinary actions. The Individuals with Disabilities Education Improvement Act, IDEAIA established a new standard for determining if a disciplinary infraction and/or conduct in question was a manifestation of the child's disability. A manifestation determination is conducted by "relevant members" of the IEP team (as determined by the parent and the district) in an effort to "review all relevant information" to determine whether the conduct was a manifestation of the child's behavior. The behavior is a manifestation of child's disability if either of the following applies:
- The conduct in question was caused by, or had a direct and substantial relationship to the child's disability; or
- the conduct in question was the direct result of the LEA's failure to implement the IEP.
If it is determined that the student's behavior is a manifestation of the child's disability, the child's placement cannot be changed beyond the duration of the short-term suspension, except as agreed upon through the IEP team process.
If the district, parent and members of IEP team determine that child's behavior was the direct result of district's failure to implement IEP, then the district must take immediate steps to remedy deficiencies.
It is important to note that no manifestation review is required when a child is removed from his current placement for not more than 10 school days to an interim alternative educational setting, another setting or via suspension. School personnel may make such short-term removals for violations of a code of student conduct to the extent that such alternative settings are also applied to students without disabilities.
Do special guidelines apply when considering a long-term suspension for a student with a disability?
Districts may consider unique circumstances on case-by-case basis when determining whether a change of placement is appropriate for a student with a disability who violates code of conduct. A long-term disciplinary action can be imposed upon a student with a disability if:
- the student's behavior is determined not to be a manifestation of the child's disability;
- the student is treated the same as a student without a disability would be treated for the same infraction; and
- the school continues to make a Free and Appropriate Public Education, FAPE available.
Under these circumstances a student can be "removed" for the same length of time as a student without a disability would be removed, and can be served in an interim alternative educational setting.
Are there special circumstances that allow school personnel to immediately remove a student with a disability to an interim alternative educational setting?
Yes. School personnel may remove a student to an interim alternative educational setting, IAES for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability. IDEA 2004 at Section 615(k)(l)(G)(I)-(iii) identifies three specific instances of conduct that may trigger unilateral placement of a student with a disability in an interim alternative educational setting. When a student:
- carries weapon to or possesses weapon at school, on school premises or at school function;
- knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises or at school function; or has
- inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency.
According to Section 615(k)(7)(D), the term "serious bodily injury" has the meaning given it under 18 USC 1365 (h)(3). That section of federal law, which is unrelated to education, defines "serious bodily injury" as a "bodily injury" that involves one or more of the following:
- A substantial risk of death.
- Extreme physical pain.
- Protracted and obvious disfigurement.
- Protracted loss or impairment of the function of a bodily member, organ or mental faculty.
Does a school district have the right to call police when a student with a disability engages in illegal behavior?
School districts have the right and obligation to summon the police (notwithstanding the disability of a student) when students with disabilities commit criminal behavior on their school campuses. Notwithstanding the existence of a behavior intervention plan, BIP, the district has the right to protect its employees, students and property from criminal conduct.
Additional resources regarding the discipline of students with disabilities may be found at:
Nevada Department of Education http://www.doe.nv.gov/
