1. DISCIPLINE PROCEDURES
FOR STUDENTS WITH
DISABILITIES

3. What is FAPE?
 A free appropriate public education (FAPE) is
available to all children with disabilities
residing in the State between the ages of 3
and 21 (Michigan is 26), inclusive, including
children with disabilities who have been
suspended or expelled from school.

4. Disciplinary Removals
10 DAYS OR LESS PER YEAR 11 DAYS OR MORE
 After 10 cumulative
 Children with
school days, services
disabilities can be
must be provided to allow
removed from school the student to continue to
for up to 10 cumulative advance in the general
schools days in a education curriculum and
school year, before the to progress toward
meeting
special education
 IEP goals. (FAPE)
“discipline
requirements” apply.

5. Change of Placement
 A single suspension
exceeding 10
consecutive school
days or a series of
suspensions that form
a pattern of exclusion,
constitute a change in
educational placement.

6. Change of Placement
 A change of placement is determined
on a case-by-case basis by school
personnel
 If there is a change of placement --
 On the date in which the decision is
made, parents must be notified of
the decision and provided with
procedural safeguards.
 Services are determined by the
child‟s IEP team.
 A manifestation determination is
required.

7. Student Discipline under IDEA „04
 Series or pattern:
 Long – term or
 Short – term change of
suspension:  Removals for placement:
conduct that
involves the same or
 Removal for 10 similar behavior and  Removal for more
school days or that may represent a than 10 days at a
less manifestation of the time or cumulative
student‟s disability removals of more
than 10 days in a
school year.

8. Behavior
• If the student’s behavior impedes his/her learning or the learning of
others, the IEP team must consider the use of positive behavioral
interventions and supports to address the behavior.
• http://www.pbis.org/
• http://www.michigan.gov/documents/mde/SchoolwidePBS_264634_7
.pdf

9. “Special
Circumstances”
In “special circumstances”
that involve a weapon,
illegal drugs, or serious
bodily injury, a student
may be administratively
assigned to an Interim
Alternative Educational
Setting (IAES) via an IEP
for up to 45 days without
parental agreement.

10. Figure 1
General Considerations
An incident of student behavior occurs that results in a disciplinary removal from
school
See Student Not Yet
Is the student receiving special Eligible for Special
education? YES No Education
(Figure 2)
Is this removal for 10 school days or See Removal – Not A
less? NO Yes Change in Placement
(Figure 3)
Is this removal for drugs or See Change in Placement:
weapons? Yes Drugs/Weapons/Serious
NO Bodily Injury (Figure 5)
Is this removal for behavior not
involving drugs or weapons? See Change in Placement:
Yes
NO Dangerous Behavior
(Figure 6)
See General Change in Placement (Figure
4)

11. Figure 3
Removals - Not a Change in Placement
(10 or less school days)
School sends parent notice of disciplinary action according to general education policy.
Has student accumulated more than 10 school days of removal in the school year?
YES NO
Do a series of removals form a
pattern of exclusion (change of District implements general
placement) taking into account: education discipline procedures.
•Length of removals;
•Total amount of time removed;
•Proximity of removals to each
other?
On 11th school day of removal in The IEP Team reviews the
a school year, school provides need for Functional
special education services Behavior Assessment
determined by school and (FBA) and Behavior
special education Intervention Plan (BIP).
administration.
See General Change in Placement (Figure 4)

12. Figure 4
Removals - General Change of Placement
(11 or more days or pattern of removals constituting a change in placement)
On the day on which the decision is made to remove the student, the school provides parent notice of special
education rights and procedures.
Within 10 school days of the decision to change the placement due to a violation of a code of student conduct, the
district, parent and relevant members of the IEP Team must determine: Is the behavior a manifestation of the
disability?
The IEPT reviews the need for Does the IEPT consider the
a Functional Behavior behavior a manifestation of
Assessment (FBA) and the disability?
Behavior Intervention Plan YES NO
(BIP)
The IEPT meets to determine services that
General disciplinary
will occur when the school implements general
procedures are terminated.
education discipline procedures. The services
The student returns to
must:
placement of last IEP or other
•Enable student to appropriately progress in
placement determined by the
the general curriculum, and
IEPT.
•Appropriately advance toward IEP goals
Parent disagrees and
School and parent agree on
requests due
manifestation determination
process hearing
and new IEP
Parent may request expedited
hearing to appeal the
Implement the new IEP manifestation determination
decided by the IEPT. and/or services. During due
process, student placement
remains in the last uncontested
IEP.

13. Figure 5
Change of Placement: Special Circumstance Behaviors (Drugs/Weapons/Serious Bodily Injury)
On the day on which the decision is made to remove the student, the building
administrator or designee provides parent notice of special education rights and
procedures.
Manifestation Determination
The IEPT reviews the need for a
held - Does the IEPT consider
Functional Behavior Assessment (FBA)
the behavior a manifestation of
and Behavior Intervention Plan (BIP)
the disability?
Yes or No
The district may use general discipline procedures and
place the student in an interim alternative education
setting (IAES). Setting and services are determined
by the IEP Team. The IAES must:
•enable the student to continue to progress in the
general curriculum; and
•continue services and modifications to enable the
School and parent student to meet the goals in the IEP; and
Parent disagrees
agree on •include services and modifications that are designed
and requests due
manifestation to prevent the behavior from recurring.
process hearing.
determination, IAES,
and services.
Parent may request expedited
hearing to appeal the manifestation
determination and/or IAES. During
IAES and services decided due process, student placement
by the IEPT begins. remains in the IAES proposed by
the school.

14. Serious Bodily Injury
 The term “serious bodily injury” is
defined as being inflicted with an injury
or illness that involves:
 (1) a substantial risk of death;
 (2) extreme physical pain;
 (3) protracted and obvious
disfigurement; or
 (4) protracted loss or impairment of
the function of a bodily member, organ
or mental faculty.

15. Serious Bodily Injury
In order to defend a decision to issue a 45-day
alternative placement, a school district must be able to
demonstrate that the injury to the victim was significant.
There must be evidence that the victim required some
type of involved or ongoing medical treatment and that
the subject injury is of the type that requires pain
management. In other words, cuts, abrasions or
bruises resulting from the typical fist-fight are unlikely to
be sufficient in and of themselves to meet the criteria
for establishing “serious bodily injury.”

16. Figure 6
Change of Placement: Dangerous Behavior (Not Special Circumstance
Behavior)
On the day on which the decision is made to remove the student, the school provides parent notice of
special education rights and procedures.
Does the IEPT consider the
behavior a manifestation of
The IEPT reviews the need for a the disability?
Functional Behavior Assessment YES NO
(FBA) and Behavior Intervention Plan
(BIP)
Relevant disciplinary procedures applicable
Student returns to placement of last uncontested to children without disabilities may be used.
IEP. Agency must take immediate steps to (Service standards are the same as for
remediate any deficiencies in the IEP General Change of Placement, see Figure
4.
Manifestation appeal
Manifestation
unsuccessful
appeal Parent may appeal manifestation
successful determination. Student continues
Expedited Hearing – Manifestation placement in effect for last uncontested
A hearing officer may also, at district request, IEP during manifestation hearing.
order a placement to an IAES for not more If it is believed that maintaining the
than 45 calendar days. (Service standards are student in the current placement is
the same as for Drugs and Weapons, see substantially likely to result in injury to the
Figure 5. Other placement may be used if student or others, the district may seek a
school and parent agree. court order for an alternative setting.
Placement ordered by Student continues
hearing officer begins.
Placement ordered by hearing placement in effect for
officer is in effect pending last uncontested IEP
further appeal. during appeal.

17. School days mean………………
Any day, including a
partial day that the
student is in attendance for
instructional purposes.
The term “school day” has
the same meaning for all
students in school,
including students with or
without disabilities.

18. Interim Alternative Educational Setting
 An Interim Alternative Educational Setting
(IAES) is a forty-five day placement that can
only be used when certain types of discipline
are involved; weapons possession/use of
illegal drugs sale/solicitation of a controlled
substance, or serious bodily injury has been
inflicted upon another person while at school
or at a school function under the jurisdiction of
a State or local educational agency.

19. Interim Alternative Educational
Setting
 Cannot exceed forty-five (45) school days
 Must be implemented through an IEP Team
 Must allow for access to general education
curriculum
 Must provide services indicated on the IEP as
well as any necessary modifications to enable
the student to meet IEP goals
 Must provide for services and modifications to
address the specific problem behavior

20. Confidentiality and “need to
know”
It is important that the school's administrative staff understand that, even within
the school,
FERPA restricts access (absent written parental permission) to only those
individuals with a
legitimate need for access. Accordingly, absent special reason, a faculty
member generally should not have access to education records of students to
whom she is not providing instruction.
A school's records confidentiality policy and procedures, if they are to be sound,
should ensure limits on access to records not only to individuals or entities
unassociated with the school, but to faculty and staff as well. To ensure that
school personnel are aware of this requirement, the school may wish to
require employees to sign annually a confidentiality agreement, through which