Disciplinary IEP Team Meetings - Children with
learning disabilities and others served by
special education programs have specific protections under the
IDEA that are designed to ensure their educational needs are met despite behavioral problems that may lead to suspension or expulsion. The
IDEA federal regulations mandate that certain disciplinary actions by schools trigger the need for an
IEP team meeting when:
- A student is suspended for ten consecutive days in a school year;
- A student is considered for expulsion.
The IDEA regulations are not fully included here, but in brief, they require that, IEP team meetings held to address disciplinary issues must perform these tasks:
- Review the child's IEP to determine if it contains all of the required parts.
- Determine if the IEP is appropriate, given the child's behavioral needs.
- If the IEP is not appropriate, the team must develop appropriate goals, objectives, a behavior intervention plan, and support services such as counseling, referral to area mental health services, or other appropriate service to address any deficient areas on the plan.
- Determine if the educational setting is appropriate for the child. Does he need a more structured environment, an alternative program, day treatment, or other program? If the setting is not appropriate, the team must provide an appropriate placement.
- Determine if the child's behavior is related to his disability. If the child's behavior is related to his disability, schools are not to continue suspending or expelling the student without providing special education services that are required by the IEP. Instead, they must focus on providing an appropriate program to accommodate the disability. Schools are required to provide a full continuum of educational placements to meet a broad range of needs.
Schools must ensure that regardless of suspensions or expulsions:
- Special education students receive the same services that regular education students receive during suspension or expulsion;
- Special education services receive services required by the IEP; and
- That services are provided in appropriate settings.
Special circumstances exist when students are disciplined for weapons, assault with serious bodily injury, or drugs, and different rules will apply.
