Discipline for Students with Disabilities

There are many issues and controversies surrounding student discipline, when it
comes to students with disabilities. Students with disabilities include students with 504
plans as well as students with individualized education plans. When dealing with
discipline issues for these students there are procedures and safeguards that have to
be strictly adhered to. Many times school are unaware, or unwilling to follow these
procedures and it could land them in trouble. It is my opinion that schools should adopt
policies and follow those policies to protect themselves as well as protecting the
students rights.
Students with disabilities are afforded, under law, more due diligence when it
comes to discipline issues. Any student with a 504 plan or an individualized education
plan must have a manifestation determination meeting once he/she reached ten days
cumulative suspension. The manifestation determination review (mdr) is a meeting with
all of the stakeholders to determine if the behavior is a result of the disability. If it is
determined to be a result of the disability, the student cannot be disciplined for the
behavior, and the district must put a behavior plan in place to address the behavior.
Many schools are unaware, or simply do not follow this rule and suspend student far in
excess of the ten day rule. It is the schools responsibility to make sure they are
following the rule of law pertaining to students with disability. Ignorance of the law is no
excuse in this matter.
It is the districts responsibility to ensure that all people involved are properly
trained in dealing with discipline for students with disabilities. This is especially true due
to the intricacies involved that most people may not be aware of. An example of one of
these intricacies is denying a student with a disability access to the curriculum. Any time
a teacher removes a student from his/her class, such as sending a student to the office
or out in the hallway for the class period, it counts in the eyes of the law as a
suspension. A teacher could effectively suspend a student for ten days over a short
period of time, without the school administration knowing that it ever even occurred.
That is why we need strong training and policies put in place to ensure that everyone is
aware of the rules and potential consequences involved.
Another approach to preventing issues for disciplining students with disabilities is
using a system such as restorative justice. Restorative justice is the practice of looking
at the underlying cause of the behavior, based on the students needs or past
experiences. Often times if we know the why in advance, we can prevent the behaviors
in the first place. This is where school districts have to be proactive in their policies and
procedures to make sure they are preventing behaviors and avoiding discipline issues
in the first place.
 There are many proactive things districts can, and should do to protect the rights
of students with disabilities. The time to deal with the issue is well in advance, through
the use of effective policies and procedures to ensure the district is prepared and
equipped to properly handle discipline for students with disabilities. Ensuring that the
policies and procedures are in place and effective will protect the students as well as
the district and staff.