What happens when my child gets into trouble at school?

If you think your child's disability is the reason they are getting into trouble:

1. Ask for a Team Meeting, and then
2. Ask the school to do a “Functional Behavioral Assessment” (“FBA”).

An FBA is an evaluation that looks at a student’s behavior. This helps the Team understand why the behavior is happening and think about how to help. The written result of the FBA:

• Explains the reason for the student’s behavior. Example: a student may act out because they are looking for attention.
• Explains what usually happens just before the behavior, and what happens right after the behavior.

The school uses the results of the FBA to write a Behavior Intervention Plan (“BIP”). This plan tells teachers what to do to prevent your child’s behaviors and to keep the behaviors from getting worse.

See Special Education Overview.

Yes, the school can suspend or expel a child with a disability. But, the school should not suspend or expel your child for behavior that is caused by or related to your child’s disability. All students have the right to a hearing before they are suspended.

Important

Ask for a team meeting and an FBA if the school is disciplining your child for the same type of behavior over and over.

Suspended for 10 days or less in the school year

All students have the right to a hearing before they are suspended. At the hearing, you can explain why you think your child's disability is the reason for their behavior. Ask for a Team Meeting to discuss more support for your child.

Suspended for more than 10 days in the school year

The IEP Team must hold a "Manifestation Determination Review" meeting if:

• Your child has an IEP (Individualized Education Program), or
• The school is considering suspending your child for more than 10 days at once, or more than 10 days over the course of a school year.

At the meeting, the Team must discuss and decide if:

• Your child’s disability caused the behavior,
• Your child’s behavior had a direct relationship to their disability, or
• Your child’s behavior was a direct result of the school’s failure to follow the IEP.

The school cannot suspend or expel your child if:

• Your child’s behavior was related to their disability, or
• The school failed to implement the IEP.

Your child has the right to go back to their placement immediately if the school agrees that your child's disability was the reason for your child's behavior. But you and the school can agree to a different placement. The school must do a Functional Behavioral Assessment or update your child’s Behavioral Intervention Plan.

Certain behaviors give the school the right to change your child's placement even if their behavior is related to their disability. If your child's behavior involved drugs, weapons, or serious bodily harm, the school can change your child’s placement for up to 45 days. The new placement is an “Interim Alternative Educational Setting.”

If the Team decides your child’s disability did not cause your child’s behavior, they can discipline your child like they would any other student.

If you disagree with the Team’s decision, and you believe your child’s disability caused the behavior, you can appeal to the Bureau of Special Education Appeals (BSEA).

Note


If your child has a 504 Plan make sure the school holds a "Manifestation Determination Review meeting” before they suspend your child for more than 10 days.

Your child has the right to make up assignments, tests, papers and other work while suspended or expelled.

If your child is suspended or expelled for more than 10 days the school should offer educational services, like:

• tutoring,
• remote learning, or
• an alternative school.

Students with disabilities should get IEP services while out of school for more than 10 days.

If the school does not offer these services, see BSEA or Problem Resolution System.

The school district can keep your child out of school in an “Interim Alternative Educational Setting” for up to 45 school days if your child:

• Knowingly has, uses, or sells illegal drugs on school grounds or at a school function;
• Brings or has a weapon on school grounds or at a school function; or
• Seriously physically hurts another person while on school grounds or at a school activity.

Even if the bad behavior was because of your child’s disability, if it involved drugs, weapons, or serious physical harm the school can keep your child out of their regular school for up to 45 days.