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Discipline

The issue of discipline when it comes to students with disabilities must be carefully considered on a case-by-case basis. In general, a student with disabilities must follow the same rules as typical peers, and may be subject to the same punishment for rules violations. Often, however, a student’s behavior can be directly traced to his/her disability. When that is determined to be the case, a complex array of protections apply.

Students with disabilities who have conduct that violates school rules must undergo a “manifestation determination” to review the unique circumstances. If the student’s conduct is deemed to be a manifestation of his/her disability, a number of options including a functional behavioral assessment, must be considered. In some cases, it may be determined that the IEP was not properly implemented, or that the student’s placement is not appropriate.

If the behavior involves a weapon, illegal drugs, or if the student has inflicted bodily injury, the student may be placed in an “interim educational setting,” for up to 45 days.

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