Should Multiple Suspensions for Discipline Trigger a Referral for Special Education?

Why is this Important? If your child has serious behavior problems and is frequently suspended, public schools are obligated to consider whether a behavioral disability could be the cause. Read on. . .

In a recent ruling, a federal judge found that a Wisconsin school district failed to comply with the Individuals with Disabilities Education Act's child find requirements in the matter of Jamie S v. Milwaukee Public Schools, et. al.

In this class action lawsuit, the plaintiffs alleged the district violated IDEA's child find requirements for a period ranging from 2000-2005. The plaintiffs prevailed in this decision by proving that the district did not consider students' multiple suspensions as a signal they should be evaluated for a possible disability. Consequently, the district continued to suspend without consideration that the students may be in need of special education services. No additional interventions were considered, and no referral for assessment was made. The court process in this case continued over a period of six years at a cost of millions of dollars.

Fast forward to June 10, 2008 when the courts finally approved a settlement on some of the issues in the case. The interesting part of the settlement is that it requires districts to implement systems to ensure timely referrals and ensure adequate opportunities for parent input into the process. The schools must also provide early intervention services to the majority of students who have been retained or who have been excessively suspended. The requirement for regular education remedies for the entire district is a first in special education litigation. Still to be decided is the issue of compensatory educational services for students identified in the class action.

All districts are required by the IDEA to:

• Locate and evaluate all students suspected of having disabilities, including those with behavior problems that may be signaled by repeated suspensions or expulsions;
• Provide a system of Response to Intervention to support struggling students while they are still in the regular education program; and
• Provide special education services for children who are not successful with regular classroom interventions and who meet the diagnostic requirements.

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