The Discipline Process for Children with Disabilities

Chapters

• What is the first thing that must happen when a child with a disability is accused of a violation of the code of conduct or of a charge related to drugs, weapons, or serious bodily injury?
• What happens when it is determined that a disciplinary action is required?
• When a child is removed from school for disciplinary reasons, what is considered a change of placement?
• What happens if the district is suspending the child for less than 10 days for the current infraction and all removals of the child, including the current suspension, do not total 10 cumulative days in the school year?
• What happens if the district is suspending the child for less than 10 days for the current infraction and all removals of the child, including the current suspension, total more than cumulative days of removal for the school year?
• What is a Functional Behavioral Assessment (FBA)?
• What is a Behavioral Intervention Plan (BIP)?
• What if the child has been removed from school for more than 10 consecutive or cumulative school days or cumulative school days and these removals constitute a pattern?
• Who and what is involved in making the manifestation determination?
• How may the child be disciplined if it is determined that a child’s behavior is NOT a manifestation of the child’s disability?
• If it is determined that the child’s behavior IS a manifestation of the child’s disability but did not involve drugs, weapons, or serious bodily injury and the child violated the school’s code of conduct, how may a child be disciplined?
• What happens if it is determined that the behavior was a result of the district’s failure to implement the IEP?
• What does the school district do if the parent refuses to consent to completing a functional behavioral assessment as a result of the manifestation determination meeting?
• If it is determined that the child’s behavior is a manifestation of the child’s disability and the child’s action involved drugs, weapons, or serious bodily injury, how may a child be disciplined?
• What happens if the parents of the child with a disability disagree with the placement decision?
• If children are not yet eligible for special education and related services, do the IDEA protections for disciplinary purposes apply?
• What are the criteria to determine if the school district had knowledge that the child is a child with a disability?
• Why does Ohio have both an optional form and a required form for the manifestation determination?