Disciplinary procedures

Concerns about School Disciplinary Procedures
and Their Impact on Your Child

When it comes to school disciplinary procedures, parents of children with disabilities often face unique challenges and concerns. The way schools handle discipline can significantly impact a child's educational experience and overall well-being. This blog post aims to address common concerns regarding disciplinary procedures, outline the legal protections under the Individuals with Disabilities Education Act (IDEA), and provide practical strategies for parents to advocate effectively for their children.

Disproportionate Discipline

Children with disabilities are often disciplined more frequently and more severely than their peers without disabilities. This disproportionate discipline can lead to:
- Increased suspensions and expulsions: Students with disabilities are more likely to be suspended or expelled, disrupting their education.
- Negative academic outcomes: Frequent disciplinary actions can result in missed instructional time and falling behind academically.
- Emotional and psychological impact: Harsh disciplinary measures can affect a child's self-esteem, mental health, and overall well-being.

Misunderstanding of Disabilities

School personnel may not fully understand the nature of a child's disability or how it affects their behavior. This lack of understanding can lead to: <
> - Lack of necessary support: Failure to provide appropriate behavioral interventions and supports.

Inconsistent Application of Policies

Disciplinary policies may be inconsistently applied, leading to confusion and a sense of unfairness. Inconsistencies can arise from:
- Subjective decision-making: Disciplinary decisions based on subjective judgments rather than clear guidelines.
- Variability across staff: Different staff members may interpret and apply policies differently.

Legal Protections Under IDEA
Free Appropriate Public Education (FAPE)

Under IDEA, every child with a disability is entitled to a Free Appropriate Public Education (FAPE). This includes the right to receive education and services that meet their individual needs, even when disciplinary issues arise.

Manifestation Determination Review (MDR)

When a child with a disability faces disciplinary actions that result in a change of placement (e.g., suspension or expulsion for more than 10 consecutive days), an MDR must be conducted. The MDR determines whether the behavior in question was a manifestation of the child's disability.
- If behavior is a manifestation: The school must take steps to address the behavior through the IEP, and disciplinary actions should not include suspension or expulsion.
- If behavior is not a manifestation: The school may discipline the student in the same manner as other students, but must continue to provide educational services.

Behavioral Interventions and Supports

IDEA requires schools to consider the use of positive behavioral interventions and supports (PBIS) to address behaviors that impede learning. These interventions should be included in the child's IEP and tailored to their specific needs.

Procedural Safeguards

IDEA provides procedural safeguards to protect the rights of children with disabilities and their parents, including:
- Right to be notified: Parents must be notified of any disciplinary actions and changes in placement.
- Right to participate: Parents have the right to participate in meetings regarding disciplinary actions and IEP revisions.
- Right to dispute resolution: Parents can utilize dispute resolution mechanisms, such as mediation and due process hearings, if they disagree with disciplinary decisions.

Strategies for Advocating for Your Child

1. Educate Yourself

Understanding your child's rights under IDEA and the school's disciplinary policies is crucial. Familiarize yourself with:
- IDEA provisions: Read up on the protections and procedures related to discipline under IDEA.
- School policies: Obtain a copy of the school's disciplinary policies and procedures.

2. Document Everything

3. Communicate Effectively

Effective communication with school personnel is key to resolving disciplinary issues. Here are some tips:

• Be clear and concise: Clearly articulate your concerns and the impact on your child.
  
• Prepare for meetings: Go into meetings with a clear agenda and desired outcomes.
  
• Ask questions: Seek clarification on any points you don’t understand.
  
• Follow up in writing: After meetings, summarize key points and agreements in writing.

4. Request an MDR

If your child faces disciplinary actions that result in a change of placement, request an MDR to determine if the behavior was a manifestation of their disability. Be prepared to:

• Present evidence: Provide documentation and information that supports your position.
  
• Advocate for interventions: Suggest appropriate behavioral interventions and supports that should be included in the IEP.

5. Utilize Procedural Safeguards

If you disagree with the school's disciplinary decisions, utilize IDEA's procedural safeguards to resolve the dispute:
- Mediation: A voluntary process where a neutral third party helps resolve disagreements.
- Due process hearings: A formal legal proceeding where an impartial hearing officer hears evidence from both parties and makes a determination.
- State complaints: Parents can file a complaint with the state education agency if they believe the school has violated IDEA.

6. Seek External Support

Advocating for your child can be challenging, but you don't have to do it alone:

• Special education advocates: These professionals can help navigate the process and advocate on your behalf.
  
• Attorneys: If disputes escalate, consulting with or hiring an attorney specializing in special education law can be beneficial.
  
• Support groups: Joining parent support groups can provide valuable insights and emotional support.
  
  

Building a Collaborative Relationship with the School

While it's essential to advocate firmly for your child's needs, fostering a collaborative relationship with the school can lead to more positive outcomes. Here are some tips for building a cooperative partnership:

1. Focus on the Child’s Best Interest

Ensure that all discussions and decisions center on what is best for the child. This shared goal can help align the interests of parents and school personnel.

2. Stay Informed and Involved

Regularly attend meetings, stay updated on your child's progress, and be proactive in communication. Showing that you are engaged and informed can encourage the school to take your concerns seriously.

3. Acknowledge Positive Steps

Recognize and appreciate the efforts and positive steps taken by the school. Positive reinforcement can strengthen the relationship and encourage continued cooperation.

4. Be Open to Compromise

While it's important to advocate for your child's needs, be open to reasonable compromises that can still meet those needs effectively.

Conclusion

Concerns about school disciplinary procedures and their impact on children with disabilities are valid and significant. By understanding your child's legal rights under IDEA, maintaining thorough documentation, communicating effectively, requesting an MDR when necessary, utilizing procedural safeguards, and seeking external support, you can advocate more effectively for your child.

Remember, the ultimate goal is to ensure your child receives the education and support they need to thrive. Persistence, patience, and a collaborative approach can make a significant difference in achieving this goal. You are not alone in this journey—there are resources, professionals, and communities ready to support you and your child every step of the way.