Does the law have rules for special education?

The law does require schools to follow special rules. Read more about An Overview of Special Education.

Do I talk about behavior at the IEP meeting?

If your child’s behavior gets in the way of his learning, the IEP team must talk about behavior at the IEP meeting. If your child has a history of behavior problems, do not wait for your child to get in trouble to ask for help. Ask the school to write a plan that teaches your child how to behave. This plan is called a “behavior intervention plan.”

What is a good behavior plan?

To write a good behavior plan, the IEP team must understand why your child gets in trouble. This is the purpose of the functional behavior assessment, or FBA. Someone with special training will watch your child at school. He writes down what he sees. He watches your child in class and during free times.

You can watch your child at home too. Watch your child several times. Write down what you see. Try to answer the following questions.

• How often does your child get in trouble while you are watching her?

• What happens right before she gets in trouble?

• How long does the behavior problem last?

• What do other people do when your child gets in trouble?

• Is your child usually with the same person or people when she does or does not get in trouble?

• Is there a place where your child usually does or does not get in trouble?

What can I do if my child has behavior problems?

If your child has behavior problems, ask for an FBA before the IEP meeting. The person who watches your child will have ideas on why your child is getting in trouble. He will also have suggestions on how to teach your child to behave. The IEP team can use the information to write a behavior plan at the meeting.

The IEP team writes the behavior intervention plan, or BIP, that teaches your child how to behave. Do not just punish your child when she gets in trouble. Use the plan to teach your child how and why to act differently in the future.

What is in a behavior plan?

Behavior plans have two parts: “interventions” and “consequences.” Interventions are what you and the school will do to help your child avoid bad behavior.

Look at the following examples.

• Move your child’s seat, e.g. toward the teacher or away from another student.

• Remind your child what the rules are.

• Have a “cool-off room” for your child when she is upset.

• Use a “behavior chart” that rewards your child for good behavior.

• Give your child counseling.

• Teach your child social skills or how to get along with other students.

• Role-play with your child or show her “right” and “wrong” behavior in different situations.

What are consequences?

Consequences are what happens when your child does get in trouble. Remember that the purpose of the plan is not to punish your child. However, the behavior plan is also not a free pass for your child to get in trouble. The plan helps change your child’s behavior. Talk about punishments you and the school have used in the past. Did your child change her behavior? If not, do not use that punishment. Try something else.

Look at the following examples for more information.

Example One:

Goal: Susie will use words and not touch other students when she is upset.

Intervention 1: Susie will learn to recognize when she is upset. She will get permission, no more than twice a day, to go to the guidance office to cool down.

Intervention 2: Teacher will send Susie to cool off area in the classroom if she does not recognize when she is getting upset and ask for help.

Intervention 3: Teacher will send Susie to guidance office if she does not calm down within 5 minutes in room.

Intervention 4: Principal will call Susie’s mom to come pick her up if she does not calm down within 20 minutes in guidance office.

Choose someone to explain the behavior plan to your child. Your child will not change her behavior if she does not know when and why she will be rewarded and punished.

What are the special rules for disciplining a disabled child?

Unless your child’s behavior plan says otherwise, the school discipline code applies to your child in the same way it applies to all children. The IEP team decides if any part of the code should not apply to your child. If any part will not apply, write that clearly in the behavior plan.

The school can suspend or expel your child for 10 days or less just as they can a child without a disability. The school must give your child a chance to tell his side of the story. They must also tell you in writing why and how long they will suspend your child.

The school must do more if they want to suspend or expel your child for 11 days or more. They must have a “manifestation determination review” and a new IEP meeting.

The purpose of a manifestation determination review is to decide if your child’s disability caused the behavior that got your child in trouble. If the behavior is because of his disability, the school cannot suspend or expel your child.

Who makes the decision about disciplining my child?

The IEP team makes the decision. You are a member of the IEP team. You must be invited to the meeting. You do not have to agree with the team’s decision. If you do not agree, you must ask for a due process hearing to stop the school from disciplining your child. Learn more about due process hearings in Disagreeing with Your Child’s School District.

To make the decision, the IEP team must look at your child’s evaluations and IEPs. The team must answer the following questions.

• Does your child’s IEP have all the special education and services he needs to learn?

• Does the IEP address your child’s behavior problems?

• If so, was the school following the IEP?

• Can your child control his behavior even with his disability?

If the answer to any question is “no,” the school cannot discipline your child. Your child’s disability caused the behavior problem. If the school is not following the IEP and that is causing your child’s behavior problems, it must take immediate steps to start following the IEP.

If the answer to every question is “yes,” the school can suspend or expel your child like any other child. However, your child must still get services. The services must help your child reach the goals in his IEP. Schools usually give children home instruction or send them to an alternative school.

Whether your child is disciplined or not, the IEP team must meet. The team must talk about a behavior plan. If your child does not have a plan, the team should plan a “functional behavior assessment.” If your child has a behavior plan, the team should change it. The new plan should address the behavior that got your child in trouble.

What if there about problems with behavior that involve weapons or drugs? 

When your child brings a weapon or drugs to school, different rules apply. The school can move your child to an interim alternative educational setting, or IAES for 45 days. The school does not need your permission or agreement.

The IAES must provide your child services so he can meet the goals in his IEP. The IAES must also address the behavior that got your child in trouble. The school cannot just kick your child out of school. The IEP team must meet. The IEP team decides what IAES is appropriate for your child. Most schools put students on home instruction or in an alternative school during this time.

If the school wants to remove your child for more than 45 days, the school must have a manifestation determination review. If your child is removed from school, the school must give you a list of your rights.

Where Can You Get Help?

• Contact your local legal aid office or call 1-866-LAW-OHIO (529-6446)

• Ohio Legal Rights Service (OLRS)or call 1-800-282-9181
  

• Ohio Coalition for the Education of Children with Disabilities (OCECD) or call 1-800-374-2806
  

• Parent Mentors - Ask your school district if they have one.

• Private Attorneys - Ask your local Legal Aid office or check your local yellow pages.