Special Education and School Discipline: Your Child's Rights in Texas

As a parent of a child with a disability in Texas, navigating the world of special education can feel overwhelming. When disciplinary issues arise at school, the complexities multiply. It's crucial to understand your child's rights and how special education laws protect them from unfair or discriminatory disciplinary actions. This guide will walk you through the key aspects of special education and school discipline in Texas, empowering you to advocate effectively for your child.

Understanding the Basics: IDEA and Texas Law

The Individuals with Disabilities Education Act (IDEA) is a federal law that guarantees a free and appropriate public education (FAPE) to eligible children with disabilities. This includes protections related to school discipline. Texas implements IDEA through the Texas Education Code, specifically Chapter 29, and rules and regulations set forth by the Texas Education Agency (TEA). These laws and regulations aim to ensure that students with disabilities are disciplined fairly and that their disabilities are considered when addressing behavioral issues.

One of the most important protections under IDEA is the requirement for schools to consider the relationship between a student's disability and their behavior. This means that if a student's misconduct is a manifestation of their disability, the school must take a different approach than they would with a student without a disability. This doesn't mean students with disabilities are exempt from discipline, but it does mean the school must consider the underlying causes of the behavior and implement appropriate interventions.

Texas Education Code §29.001 defines the framework for special education services in the state, emphasizing the importance of individualized education programs (IEPs) and related services to address the unique needs of students with disabilities. TEA rules further clarify the procedures and requirements for disciplinary actions involving students with disabilities, ensuring compliance with federal law.

Manifestation Determination: Is the Behavior Related to the Disability?

When a student with a disability violates a school conduct code, a crucial process called a "manifestation determination" must take place. This is typically conducted by the Admission, Review, and Dismissal (ARD) committee – the same committee that develops your child's IEP. The ARD committee must determine if the student's behavior was caused by, or had a direct and substantial relationship to, their disability. They must also consider whether the behavior was the direct result of the school's failure to implement the IEP.

The manifestation determination review must happen no later than 10 school days after the decision to change the student's placement due to a violation of a code of student conduct. During the review, the ARD committee will examine all relevant information, including the student's IEP, teacher observations, and any relevant medical or psychological evaluations. It's vital that you, as the parent, actively participate in this process and provide your insights into your child's behavior and disability.

If the ARD committee determines that the behavior was a manifestation of the disability or that the school failed to implement the IEP, the school must take immediate steps to address the issues. This could involve revising the IEP, providing additional supports and services, or implementing a behavior intervention plan. The student must be returned to their original placement unless the parents and the school agree to a change of placement as part of the IEP process.

However, if the ARD committee determines that the behavior was not a manifestation of the disability, the student can be disciplined in the same way as students without disabilities. Even in this case, the school must continue to provide special education services to the student during any period of suspension or expulsion.

Disciplinary Actions: Suspensions, Expulsions, and Alternative Educational Settings

Texas law allows for suspensions and expulsions of students with disabilities, but with certain limitations and safeguards. Short-term suspensions (generally 10 days or fewer) are typically permitted, even if the behavior is a manifestation of the disability, as long as services are maintained to the extent required by IDEA. However, longer suspensions or expulsions require a manifestation determination review and consideration of alternative educational settings.

If a student with a disability is removed from their current placement for more than 10 school days (whether consecutive or cumulative) for violating a code of student conduct, it constitutes a "change of placement." This triggers the manifestation determination requirements and necessitates a review of the student's IEP. The school must ensure that the student continues to receive FAPE during any period of removal, even if the behavior is not a manifestation of their disability. This may involve providing services in an alternative educational setting, such as a disciplinary alternative education program (DAEP) or a residential placement.

It's important to note that certain behaviors can lead to removal to an interim alternative educational setting (IAES) for up to 45 school days, regardless of whether the behavior is a manifestation of the disability. These behaviors typically involve weapons, drugs, or serious bodily injury. However, even in these cases, the school must conduct a manifestation determination review and ensure that the student receives appropriate special education services.

Behavior Intervention Plans (BIPs) and Proactive Strategies

A Behavior Intervention Plan (BIP) is a crucial component of a student's IEP if they exhibit behaviors that interfere with their learning or the learning of others. A BIP outlines specific strategies and interventions to address challenging behaviors and promote positive behavior change. The BIP should be based on a functional behavior assessment (FBA), which identifies the triggers, functions, and consequences of the student's behavior. A well-developed BIP can help prevent disciplinary issues by addressing the underlying causes of the behavior and teaching the student alternative, more appropriate ways to respond.

Parents play a vital role in the development and implementation of the BIP. Work closely with the ARD committee to ensure that the BIP is tailored to your child's individual needs and that it is implemented consistently across all settings, including home and school. Regular monitoring and evaluation of the BIP are essential to ensure its effectiveness and to make adjustments as needed.

Proactive strategies are key to preventing disciplinary problems. This includes creating a positive and supportive learning environment, providing clear expectations and consistent consequences, and teaching students social skills and self-regulation strategies. By focusing on prevention and early intervention, schools can reduce the likelihood of disciplinary issues and create a more positive and inclusive learning environment for all students.

What to Do Next: Action Steps for Parents

If your child with a disability is facing disciplinary action at school, here are some important steps you can take:

1. Document Everything: Keep detailed records of all communication with the school, including emails, phone calls, and meeting notes. This documentation can be invaluable if you need to advocate for your child's rights.
2. Request a Meeting: If your child is facing suspension or expulsion, immediately request an ARD committee meeting to discuss the situation and conduct a manifestation determination review.
3. Understand Your Rights: Familiarize yourself with IDEA, the Texas Education Code, and TEA rules regarding special education and discipline. Knowledge is power!
4. Seek Support: Connect with other parents of children with disabilities, advocacy organizations, or legal professionals who can provide guidance and support.
5. Advocate for Your Child: Be an active and informed participant in the ARD process. Voice your concerns, ask questions, and advocate for your child's needs.

Remember, you are your child's best advocate. By understanding your child's rights and actively participating in the special education process, you can ensure that they receive the support and services they need to succeed in school.