Understanding Disciplinary Change of Placement
A disciplinary change of placement refers to a situation where a student with a disability is removed from their current educational setting due to disciplinary actions. This can occur if the student violates a code of conduct and the school decides to change their placement as a result.
Under the Individuals with Disabilities Education Act (IDEA), schools must follow specific procedures when considering a disciplinary change of placement for a student with a disability. This includes conducting a manifestation determination review to assess whether the behavior was linked to the student's disability.
When Does It Occur?
A disciplinary change of placement typically occurs when a student is suspended or expelled for more than 10 consecutive school days, or if a series of removals constitutes a pattern, even if each removal is for fewer than 10 days.
The determination of whether a series of removals constitutes a pattern is based on factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another.
Manifestation Determination Review
Before a disciplinary change of placement can proceed, the school must conduct a manifestation determination review. This meeting involves the IEP team and determines if the student's behavior was a manifestation of their disability.
If the behavior is found to be a manifestation of the student's disability, the school cannot proceed with the disciplinary change of placement. Instead, the IEP team may need to review and adjust the student's IEP to better address their needs.
Parental Rights and Procedural Safeguards
Parents have specific rights under IDEA when it comes to disciplinary changes of placement. Schools are required to provide parents with a notice of procedural safeguards, which outlines their rights and the procedures that must be followed.
Parents have the right to participate in meetings, access educational records, and request an independent educational evaluation if they disagree with the school's decisions.
Alternatives to Discipline
Instead of proceeding with a disciplinary change of placement, schools may consider alternative strategies to address behavioral issues. These can include positive behavioral interventions, supports, and modifications to the student's IEP.
The goal of these alternatives is to provide the student with the support they need to succeed in their current educational setting without resorting to a change of placement.
What to Do If You Disagree
If you disagree with the school's decision regarding a disciplinary change of placement, you have the right to challenge it. You can request a due process hearing or file a complaint with the state education agency.
It's important to document your concerns, gather evidence, and seek advice from professionals who understand special education law and your child's rights.
Practical tips
- Always request a copy of your state's procedural safeguards notice to understand your rights.
- Attend all meetings related to your child's disciplinary actions and participate actively.
- Document all communications with the school regarding disciplinary actions.
- Consider seeking advice from a special education advocate if you are unsure about the process.
- Explore alternative disciplinary strategies with the school before agreeing to a change of placement.
Common mistakes to avoid
- Not attending the manifestation determination review meeting.
- Failing to document communications and decisions related to disciplinary actions.
- Assuming the school will automatically follow all procedural safeguards.
- Not exploring alternative strategies before agreeing to a change of placement.
Frequently asked questions
- What is a disciplinary change of placement?
- It is a removal of a student with a disability from their current educational setting due to disciplinary reasons, usually involving suspension or expulsion.
- How long can a student be removed before it is considered a change of placement?
- A removal of more than 10 consecutive school days, or a series of shorter removals that form a pattern, can be considered a change of placement.
- What is a manifestation determination review?
- It is a meeting to determine if the student's behavior was related to their disability, which affects whether a disciplinary change of placement can proceed.
- What rights do parents have in this process?
- Parents have the right to receive procedural safeguards, participate in meetings, and challenge decisions through due process hearings.
- Can a school change my child's placement without my consent?
- Schools must follow specific procedures and conduct a manifestation determination review before changing a placement for disciplinary reasons.