special education students suspension

Special Education Discipline: Suspensions and Expulsions

Is disciplining a special education student different than a non-special education student.

Yes! Special education students have more protections when facing discipline at school. The purpose of those protections is to make sure that a child is not missing many days of the services that they need. The protections also make sure that students with disabilities are not being disciplined due to their disability.

Can a special education student get suspended?

Unfortunately yes. A special education student can get suspended just like their non-disabled peers. But a special education student must still be educated and receive services while out on suspension if the discipline is considered a “change in placement.” A “change of placement” is when a student:

• Is removed from school for more than 10 school days in a row, or
• Is removed from school for more than a total of 10 school days in a school year if the behaviors that lead to the suspension are “substantially similar” or very much alike.  

This means it is possible for there to be no change in placement even if a child is removed from school for more than 10 days. It all depends on the facts. If the school determines that it is a change of placement, services could take place in the school setting or outside of the school setting.

A “manifestation determination” also needs to happen if a change of placement has occurred. (See below)

Whether the discipline is considered a change in placement, where services will be provided, and the manifestation determination will be determined by the IEP Team.  

What happens at a manifestation determination meeting?

An IEP Team meeting is held to decide if a student’s behaviors are “substantially related” to the child’s disability. If it is decided that the behavior is substantially related to the child’s disability, the child cannot be removed from school. The IEP team will review:

The child's file

The child's IEP

Any teacher observations

Any information provided by you. You can bring in outside evaluations or reports from your child's counselor for the team to review.

In deciding if there is a manifestation, the team will answer 2 questions:

Was the behavior caused by or directly and substantially related to the child's disability?

Was the behavior a direct result of the school's failure to implement the child's IEP?

If the answer to one of these questions is "yes," then the behavior is a manifestation of the child’s disability. Remember, you are an equal member at an IEP Team meeting! Be sure to explain why you think your child behaved inappropriately and how you think it is related to his or her disability.

What happens if the behavior is a manifestation of a child’s disability?

When there is a manifestation, the child cannot be further disciplined. This means the child cannot be recommended for expulsion or continue to be suspended for that behavior.

Instead, the IEP needs to be changed to address your child's behaviors. If the school did not follow the IEP, it must follow it immediately.

The IEP team must also conduct a functional behavioral assessment (FBA) unless one was completed earlier. The FBA will try to figure out the child's behaviors by looking at:

What makes the child’s behavior happen?

When does the behavior happen?

What is your child trying to get from the behaviors (attention, avoidance, etc.).

Once the FBA is completed a behavior plan must be put in place. If the child already had a behavior plan, it should be changed to address the behavior. The behavior plan should become part of the child's IEP.

The child should also be returned to the placement they were in before they were removed from school, unless:

The IEP Team decides to change the placement at the meeting, or

The school places your child in an

A child can only be placed in an IAES if 1 of 4 things happened:

• The child brought a weapon to school, on school grounds or at a school event.
• The child had illegal drugs at school, on school grounds, or at a school event.

The child inflicted serious bodily injury on another person at school, on school grounds or at a school event, or

The school asked for and won a due process hearing before the State of Maine Department of Education because the school was afraid your child was dangerous and was "substantially likely" to injure himself or someone else.

IMPORTANT: If a child did not have a weapon or drugs at school or did not cause serious bodily injury to another person while at school, on school premises or at a school event, the school cannot just place them in an IAES. The school must request a due process hearing before putting a child in an IAES. At the hearing, the school must prove that a child's continuation in his current placement is "substantially likely to result in injury to the child or to others." If the school does not prove this, your child cannot be put in an IAES.

In all cases, the IAES can be for only 45 school days . It is a temporary placement that gives the IEP Team time to develop an appropriate IEP while keeping the child and the school safe. The IEP Team decides what the IAES should be. Remember, the IAES must allow the child to advance in the general curriculum, meet his IEP goals, and address his inappropriate behavior. Again, you are an equal participant in the IEP Team meeting. You can invite other people who know your child to the IEP Team meeting. For example, if your child has a counselor or case manager who can talk about your child's behaviors and needs, invite him/her to attend in person or by phone. Make sure that your child's needs are being met in the IAES.

What if the behavior not a manifestation of the child’s disability?

If the IEP Team decides there is no manifestation, then your child can be disciplined just like any other student. This means he can be recommended for expulsion before a school board if the school wants him removed for more than 10 school days. Remember, your child must still receive educational services after being removed from school for more than 10 school days in a school year. If you disagree with the manifestation determination, you can request a due process hearing. Your child will stay in his current educational placement (Stay Put). This can include the IAES if your child is placed there. You can ask for an expedited hearing.  

What kind of services can a child get when removed from school?

If a student with a disability is removed from school for more than 10 school days in a school year, he must get educational services. The school district must make the arrangements. The services will be somewhere other than the school. This is true even if your child is expelled after a school board hearing. The services must allow the child to:

Progress in the general curriculum,

Progress toward his IEP goals, and

If appropriate, include a and a behavior plan that addresses the behaviors that caused the child to be removed from school.

If the removal is a change of placement, the IEP Team will decide what the services are. The IEP will then be changed. If your child have been out of school for more than 10 school day in a school year because of a series of short-term suspensions that do not amount to a change of placement, the IEP Team does not have to meet. Instead, an appropriate school staff person can decide what the services will be during your child's removal after talking with one of your child's teachers.

Is two hours a day of tutoring enough?

Tutoring by itself is probably not appropriate. It is a very restrictive placement because there is no contact with peers. Tutoring, along with other services, may be appropriate.

Think about the child's IEP goals. How will they be addressed? Also think about how your child's behaviors will be addressed? Remember, the educational services your child gets must allow him to advance in the general curriculum and meet his IEP goals. If your child is tutored, the tutor must be a certified special education teacher, certified regular education teacher or an ed tech 3. The State regulations are clear that there is no maximum on the number of hours of tutoring a day. A school policy of giving 2 hours of tutoring a day is not appropriate.

A tutoring program must be decided by the IEP Team and must be based solely on your child's needs, not school policy or practice. If tutoring will last more than 10 school days , a new IEP must be developed.

Can a child be referred for special education services while suspended or expelled?

Yes. If a referral is made, the evaluations must happen quickly. You can also claim the extra protections explained above (a manifestation determination and educational services when your child has been removed from school for more than 10 school days in a school year) if the school had knowledge that your child was a student with a disability.

The school is deemed to know that if:

The parent expressed concern in writing to a school administrator or the child's teacher that they believe the child needs special education services,

The parent requested an evaluation of the child, or

A teacher or other school staff expressed concerns about a child's pattern of behaviors to the special education director or other school staff person with supervisory responsibility.

A child will not be eligible for the extra protections if:

The school requested an evaluation and the parent or adult student said no,

The school offered special education services and the parent or adult student said no, or

The child was evaluated and the IEP Team decided that they do not have a disability under IDEA.

IDEA 2004 close up: disciplining students with disabilities

by: The GreatSchools Editorial Team | Updated: August 10, 2023

Print article

The Individuals with Disabilities Education Act (IDEA 2004) – and the federal regulations that provide guidance to states on how to implement the Act – contain important changes to the way schools can discipline students with disabilities. Understanding these changes is an important part of being your child’s best advocate.

Like all students, those with disabilities can be suspended or expelled for violating the school’s code of conduct. However, IDEA provides some additional procedures that schools must follow when disciplining students with disabilities. These procedures were put into IDEA to prevent schools from suspending or expelling students without considering the effects of the child’s disability. These procedures are different depending on:

• the length and type of disciplinary action the school proposes to take;
• the nature of the conduct that led to the disciplinary action; and
• whether the conduct is found to be connected to the student’s disability.

Know Your Child’s Code of Student Conduct

Schools have a responsibility to make sure that all students, including those receiving special education, are familiar with the school’s code of student conduct. Parents also have a responsibility to understand their child’s school code of conduct and help their child understand the expectations and consequences involved with violating the code. Your child’s Individualized Education Program (IEP) team should determine any specialized help and instruction the child may need to understand the code and consistently demonstrate the appropriate classroom and school behaviors, including a functional behavioral assessment and a behavior intervention plan.

Schools Can Make Case-by-Case Determinations

IDEA 2004 provides school personnel with the authority to consider any unique circumstances on a case-by-case basis when making a determination to discipline a student with a disability. This provision provides flexibility for school personnel who are often operating within a district’s “zero-tolerance” policy. A zero-tolerance policy usually requires school personnel to follow a suspension or expulsion policy for any student who violates the code of conduct, regardless of the circumstances. Now, school personnel may choose not to suspend a student with a disability if the unique circumstances lead school personnel to decide that suspension is not appropriate. Factors such as a student’s disciplinary history, ability to understand consequences, expression of remorse and supports provided to the student prior to the violation of a school code of conduct could be unique circumstances considered by school personnel. In all cases, the disciplinary action considered for students with disabilities must be the same as for students without disabilities. In other words, school personnel may not increase a student’s suspension because of the student’s disability.

Disciplinary action generally involves removing students from their current educational placement and placing them in some other setting, such as:

• In-school suspension
• Out-of-school suspension
• An interim alternative educational setting (IAES)

Whenever school personnel decide to discipline a student with a disability by removing the student from the current educational placement, the school must notify the parents on the same day the decision is made and provide the parents with a written copy of the district’s Procedural Safeguards Notice.

IDEA 2004 Discipline Rules

For disciplinary actions lasting 10 school days or less:

• A student with a disability who has an IEP in effect can be disciplined like any other student who violates the school code of conduct.
• During the time the student is in the disciplinary setting, the school is not required to provide any educational services (including special education) to the student, unless the school district provides educational services to non-disabled students in the same circumstances.
• Parents may request that the school continue educational services for the student during the time of the disciplinary action or somehow allow the parent to facilitate the student’s completion of school work. While the school is not required to grant such requests, many will agree so that the student doesn’t fall behind.

For Disciplinary actions resulting in removal of more than 10 school days in the same year (whether or not the days are consecutive):

• continue to participate in the general education curriculum, although in another setting; and
• progress toward meeting the goals outlined in the student’s IEP.
• If the action does not result in exclusion from school for more than 10 consecutive school days and does not constitute a change of placement (i.e., when there is evidence that there is a pattern of exclusions that do not exceed 10 school days), school personnel, in consultation, must determine what services the student should be provided. (Note: A “change of placement” occurs when the student is excluded from his/her current placement for more than 10 consecutive school days in a school year or upon the 11th school day that a child is excluded from his current placement when there is evidence of a pattern of a “series of removals.”)
• If the disciplinary action results in an exclusion from school that is a change of placement, the student’s IEP team must meet to determine the exact educational services needed while the student is assigned to the interim alternative education setting.
• Within 10 days from the beginning of a disciplinary action that results in an exclusion that exceeds 10 school days , the school district, the parents, and relevant members of the student’s IEP team must meet to determine if the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability.

The team must also determine if the conduct was the direct result of the school’s failure to implement the student’s IEP, including a behavior intervention plan. If the group decides that the student’s behavior was a direct result of the school’s failure to implement the IEP, the school must take immediate steps to remedy the deficiencies and return the student to his/her original placement .

A Series of Short Removals Can Constitute a “Pattern” and a “Change of Placement”

When frequent disciplinary actions add up to more than 10 school days in a school year, such removals may constitute a “pattern.” A pattern is indicated when the student’s behavior and the length of removal is the same or similar to previous incidents , and the incidents are in close proximity to one another. A pattern of removals of 10 days or less, once they total more than 10 school days, carries the same requirements as a removal of more than 10 days and is considered a change of placement for the student. While the school has the responsibility for making a determination about whether a pattern constitutes a change of placement on a case-by-case basis, parents should be alert to a possible pattern developing when their child’s misconduct is resulting in a series of disciplinary actions.

“Manifestation Determination” – How Is Behavior Related to Disability?

IDEA 2004 has made some significant changes to the manner in which a determination is made about the relationship between the student’s behavior that leads to the disciplinary action, and the student’s disability. These changes will make it more difficult than was previously the case to establish a connection between disability and behavior, and to reach a conclusion that the behavior resulted from the disability. The decision reached in the manifestation determination is important because it will influence what can happen to the student’s continued services and placement.

In making the manifestation determination, the team (comprised of school personnel, the student’s parents, and other relevant members of the student’s IEP team) will review:

• The student’s IEP
• The student’s behavior intervention plan
• Any teacher observations
• Any relevant information provided by the parents

Under IDEA 2004, the presumption of a connection between behavior and disability no longer exists. Now, the team is required to answer these questions:

• Considering the behavior subject to discipline, review the student’s behavior to determine if it was caused by, or had a direct and substantial relationship to, the student’s disability. For example, a student’s low self-esteem, while possibly a by-product of a learning disability, is not alone sufficient to be considered a basis for finding a direct relationship between the student’s disability and behavior.
• Did the school fail to follow a portion of the IEP including a behavior intervention plan in a manner that directly caused the misconduct?

Finding of Manifestation

If the behavior is found to be directly related to the student’s disability, the IEP team must plan for a functional behavioral assessment and the development of a behavior intervention plan based on the results of that assessment. If the student already had a behavior intervention plan in place, the IEP team must review if the plan was being followed and revise it as needed to address the problem behavior that led to this disciplinary action.

If the team finds that the student’s behavior was related to the disability or an improperly implemented IEP, the student is returned to the original education setting unless the parents agree to a new placement as part of the behavior intervention plan.

Finding of No Manifestation

For students whose behavior was not directly related to the disability, the same disciplinary actions can be imposed as those imposed on a non-disabled student. Such action could include expulsion. However, if the student is expelled from school, the student must continue to receive educational services that allow him or her to continue to participate in the general education curriculum and progress toward meeting the goals set out in the IEP.

For students whose behavior is not determined to be directly associated with their disability, the IEP team should nonetheless consider the need for a functional behavioral assessment and behavior intervention plan.

Be on the Alert for the “Special Circumstances”

Certain offenses can lead to a student being moved to an interim alternative educational setting for up to 45 school days even if the conduct is determined to be related to the student’s disability. Removing a student for these offenses does not require parent permission or agreement, nor does it require any involvement by a hearing officer or other impartial third party. These offenses are:

If a student carries or possesses a weapon:

• On the way to or at school
• On school premises
• At a school function  

If the student knowingly possesses or uses illegal drugs or sells or solicits the sale of illegal drugs:

• While at school
• Serious bodily injury

If a student has inflicted serious bodily injury upon another person:

• At a school function

An additional provision allows a school to seek to remove a student for up to 45 school days if the school believes that returning the student to the same educational placement is substantially likely to result in injury to the student or other students. The school must do this by making a request to a hearing officer, who, among other requirements, is not employed by the state education agency or local school district involved in educating the child; has specialized knowledge and skills related to IDEA; and has no interests that conflict with his objectivity in the hearing process.

Parent Right to Appeal

Parents have the right to challenge any decisions made regarding the interim alternative educational setting or the determination regarding the “manifestation determination” by asking for a due process hearing. Schools can also request a hearing if school personnel feel that returning a student to the original educational setting is highly likely to result in injury to the student or to others.

In either case, the hearing must be “expedited” by:

• holding the hearing within 20 school days of the date requested; and
• issuing a decision by the hearing officer within 10 school days after the hearing.

IDEA 2004 made an important change to the placement of students during this appeal process. Before, a student was to remain in his or her current educational placement during the appeal process – often referred to as “stay put.” Now, under IDEA 2004, the student remains in the interim alternative educational setting, unless the parent and the state agree otherwiseor the time period for the infraction (e.g., 45 school days for special circumstances or duration applied to non-disabled students) has expired.

Students Not Yet Eligible for IDEA

Under certain circumstances, the protections available to a student with a disability who is already eligible for special education services may also be available to a student who does not have an IEP in effect. These circumstances may apply to any student:

• If the child’s parent had expressed concern in writing to school personnel, including the teacher, that their child may be in need of special education prior to the behavior that resulted in the disciplinary action
• If the child’s parent had requested an evaluation, preferably in writing, as provided for by IDEA
• If the child’s teacher or other school personnel had expressed concerns about a pattern of behavior that might call for a referral for evaluation, such concerns would need to have been made directly to supervisory personnel at the school building or school district level. For example, a teacher expressing his or her concerns to a parent would not be considered an adequate basis of knowledge.

Certain exceptions apply to the above circumstances. They include:

• If the child’s parent had not allowed an evaluation of the child or had refused special education services that had been offered as required by IDEA
• If the child had been evaluated as required by IDEA and was not found eligible for special education

If a request is made to evaluate a student during the time period of the disciplinary action, the school must complete the evaluation as quickly as possible. During the evaluation, the student remains in the interim alternative educational setting.

Special Note:

Provisions in IDEA 2004 allow schools to provide early intervening services to students who are considered “at risk.” At-risk students are those who show a need for additional academic or behavioral support to succeed in general education, but who are not identified as needing special education. In addition, IDEA 2004 allows schools to use a “response-to-intervention” (RTI) process as part of its procedures for identifying students as having specific learning disabilities and needing special education. A child in either the “at risk” or “RTI” circumstances may not be considered to possibly need special education services unless at least one of the first three bulleted conditions in the section above has been met.

IDEA’s provisions regarding the discipline of students with disabilities are complex and often confusing. If your child becomes the focus of a disciplinary action, you should seek information and guidance from expert resources such as your state’s Parent Training and Information Center (PTIC) .

Homes Nearby

Homes for rent and sale near schools

How to get the right IEP or 504 for your child's learning disabilities

8 steps to kicking off your child’s IEP the right way

Extended school year services: What you need to know

Yes! Sign me up for updates relevant to my child's grade.

Please enter a valid email address

Thank you for signing up!

Server Issue: Please try again later. Sorry for the inconvenience

School Suspensions Take a Toll on Kids With IEPs and 504 Plans

By Andrew M.I. Lee, JD

Why are students with IEPs more than twice as likely as their peers to be suspended? Why do so many of these disciplinary removals involve kids with learning and thinking differences? And what can parents and educators do to help?

These are some of the questions raised in a new report by Understood founding partner the National Center for Learning Disabilities (NCLD). The report is called The State of Learning Disabilities: Understanding the 1 in 5 . The subtitle refers to the 1 in 5 children who have learning and thinking differences.

One chapter is devoted to social, emotional and behavioral challenges . That’s where the report looks at suspension data. It focuses on two of the 13 disability categories covered under special education law . One is “specific learning disabilities” (LD). The other is called “other health impairments” (often referred to as “OHI”), which covers many kids with ADHD .

These two categories account for two-thirds of suspensions of students with IEPs .

And all that missed academic time takes a toll on kids. According to The State of LD , suspending students from school increases their risk of dropping out . It also makes it more likely they’ll get tangled up in the juvenile justice system .

“We have an epidemic of school suspensions, and it’s hurting kids,” says attorney Robert Tudisco. “I see it in my legal practice every day.” Tudisco is a former prosecutor who now represents students facing school discipline actions.

“As bad as the suspension numbers look, they still seem to understate the problem,” adds Tudisco. “Because the data only includes students with IEPs.”

“Lots of kids with learning and thinking differences don’t have IEPs,” says Tudisco. “They may not have been evaluated, they may be undiagnosed, or they may have 504 plans .”

Another fact that may surprise parents: Many suspensions are for nonviolent acts.

The State of LD highlights a landmark study in Texas that followed more than 900,000 students over six years. The study found that 97 percent of students were disciplined for “discretionary” offenses. That can mean fighting. But it often means being disruptive or disrespectful. (See a PDF of the study .)

This is important to note because students with ADHD struggle with impulse control. They have trouble regulating their behavior. That’s why Tudisco says they’re at a much higher risk of getting suspended.

With “discretionary” offenses, schools don’t have to suspend students. The school can opt for less harsh discipline methods. But often the school chooses suspension.

The Texas study also looked at how often kids got suspended. Of the students who got suspended just one time, less than 1 in 12 had LD. But of the students who got suspended 11 or more times, 1 out of 6 had LD.

As noted in The State of LD , the high rates of suspension indicate that schools may not be aware of which behaviors are related to disabilities. (The technical term for this is “manifestation.”)

Under federal law, kids with IEPs and 504 plans have added protections . For instance, schools generally aren’t allowed to suspend kids for nonviolent conduct if it can be established that their conduct was related to their disability. The process involves a hearing called a “manifestation determination.”

The State of LD highlights ways to help. One tool is a guidance letter the U.S. Department of Education wrote last year. It reminded schools that they must give behavior support to kids in special education . If a child is repeatedly disciplined or suspended, the letter warned, it could mean the right services aren’t in place.

“Unfortunately, parents aren’t always aware of their legal rights,” Tudisco says. “And some may not want their kids to be evaluated for an IEP or 504 plan because of the stigma ,” he adds. Without an evaluation, though, there isn’t the added protection that comes with certain laws.

“I always tell my clients, if you suspect your child has behavioral issues, ask for an evaluation ,” says Tudisco. “Put the school on notice of the issue. Try to do this as soon as possible—before your child gets in hot water.”

“If you haven’t asked for an evaluation, you can still ask for one after your child gets in trouble,” he says. “But as a practical matter, seeking disability protection is much harder to do afterwards.”

Read more about school discipline rights for kids with IEPs and 504 plans , and the rights of kids who don’t have an IEP or a 504 plan . You may also want to learn about how schools can encourage good behavior through positive behavioral intervention and support (PBIS).

Any opinions, views, information and other content contained in blogs on Understood.org are the sole responsibility of the writer of the blog, and do not necessarily reflect the views, values, opinions or beliefs of, and are not endorsed by, Understood.

• Ver en Español
• Refer a family

What You Need To Know About School Discipline

When Behavior Interferes With Learning

Do any of these scenarios sound familiar? The school calls regularly, asking you to pick up your child from school early because of behavior. The school team recommends a shortened day or home-based instruction due to increasing behavior concerns in the afternoons. Or the team suggests that you should withdraw your child from school rather than risk a suspension or expulsion on their permanent record.

Parents might think their children won’t be disciplined, suspended or expelled if they receive services through an Individualized Education Program (IEP) or a 504 plan, but they can. While students with IEPs or 504 plans can receive discipline for violating school policies, additional protection is available to these students.

All parents are encouraged to become familiar with discipline policies for their schools and districts and to read the parent/student handbooks. Links to this information are usually available on the school or district website in the Governing Board section. Contacting the child’s teacher and school staff at the beginning of each school year and establishing strong communication plans can also be helpful, especially for students with known behavior challenges.

INFORMAL DISCIPLINE

Requesting early pickup removes a student from instruction and time with their peers. Public schools are required to provide Free and Appropriate Public Education (FAPE) to their students with IEPs. Sending a student home early potentially interferes with their right to receive FAPE.

If your child’s school calls you to get your child, ask questions. Is your child sick and unable to finish the school day? If there’s no health concern, you can then ask whether your child is being suspended. If the school is suspending your child, request an incident report and any other related documentation.

Amanda Glass, managing attorney of the education team at Arizona Center for Disability Law, encourages parents to assume best intentions from the school team but to also to keep in mind that students with disability-related behaviors are entitled to the same amount of school time as nondisabled students.

If your child is not being suspended and is not ill, you are not required to pick up your child before the end of the school day, Glass added. However, there are risks to refusing to pick up your child, such as schools calling the police, the Department of Child Safety or a crisis team. If you choose to pick up your child, document some information, including the sign-out time and the reason you were requested to get your child.

“Parents can confirm whether the school is asking them to pick up their child, or if they are informing them of a situation,” noted Sabrina Salmon, Ph.D., LMFT, senior director of exceptional education with the Tucson Unified School District. “If a child is being sent home, it’s also important to look at how the student will transition back in and what we will do differently. How can the student and school team learn from what happened?”

Keep track of the frequency and number of hours your child misses. When the amount of missed hours of school from early pickups equals 10 full school days, you can request a Manifestation Determination meeting. During this process, the school team investigates whether the behavior was a manifestation of the child’s disability. In other words, did the child’s disability cause the behavior issue?

Manifestation hearings are required once a special education student has been suspended for 10 school days in a school year. However, sending a student home early doesn’t necessarily trigger the 10-day rule. Parents can still track the hours missed and alert the team when it’s getting close to 10 full missed days. Parents can also request an IEP meeting earlier or at any time, to discuss concerns.

Parents can ask the school team for more specifics about why a student is being sent home. “Are they being sent home for a peer issue? Are they becoming dysregulated, overstimulated or tired at the end of the day?” said Jennie Hedges, senior program manager, Compassionate Education Systems with the National Center for Youth Law. “This information can help provide a roadmap. Do they need additional support in their IEP or 504 plan, or do they need a behavior assessment? All this information needs to be documented and used to formulate the next step. There will always be a next step.”

If parents start with the school team but don’t receive a response, they can move up the chain of command to contacting school leadership and then district leadership. Beyond that, families can contact the Arizona Department of Education for students on IEPs or the Office for Civil Rights to file a complaint.

If a student doesn’t have an IEP or 504 plan but parents receive recurring calls about behavior, parents can contact the school to discuss potential interventions. If there are documented interventions that have not resulted in improvement in behavior parents could request a formal evaluation, said Leila Williams, Ph.D., director of exceptional education with the Sunnyside Unified School District in Tucson. It’s highly likely that based on data collected, the school team might want to recommend formal evaluation as well, she added. “Ultimately, we want to have regular conversations with the family.”

In addition to any punitive action against the child, parents and the school team can create an opportunity for the child to receive support to make better choices, said Jennifer Olsen. As a parent and a former school principal, she’s seen both sides of school discipline. School counselors, psychologists and others should be a part of the disciplinary process, she noted, especially for a student who is struggling to meet the behavioral norms of the school. Parents can ask if their child can connect with school staff before, during or after a consequence is served.

In-school suspension removes a student from the class setting for a designated period of time. Students might work independently with supervision during this time. However, a student is still removed from classroom time, so parents are advised to track any in-school suspension time as well.

A school team could also recommend a shorter day or home-based instruction if they see a pattern of worsening behavior throughout the day. A shortened school day or home-based instruction could be appropriate for students with medical conditions who face fatigue or need intensive treatment during the school day. However, shortened school days or home-based instruction are considered more restrictive environments for students. Parents are encouraged to question whether the suggested option is the least restrictive environment possible for their student.

When facing this recommendation, parents can ask questions about whether the suggested method is needed to address their child’s specific disability-related needs. They can also ask what types of support the team uses to address challenging behavior, and for documentation to support recommended changes in placement.

If the team decides to move forward with a change like this and you do not agree, ask to have your disagreement noted in the IEP and the Prior Written Notice (PWN). The PWN outlines changes to the IEP. You can also request an Independent Educational Evaluation (IEE), asking the school to pay an independent provider to evaluate your child and provide a second opinion.

Families who participate in the Empowerment Scholarship Account (ESA) have opted out of the public school system and are not entitled to FAPE. If parents believe their child’s private school is discriminating on the basis of disability, they can file a complaint with the U.S. Department of Education’s Office for Civil Rights, the U.S. Department of Justice or the Arizona Attorney General’s Office. They can also pursue a lawsuit.

FORMAL DISCIPLINE

Formal discipline methods include out-of-school suspension or expulsion. When a student with an IEP or 504 plan is suspended for 11 or more school days, the team is required to hold a Manifestation Determination hearing.

If the behavior prompting the suspension or expulsion was caused by the child’s disability, the team must determine how to better support the child in school through different services, accommodations or placement. This must also include creating or redoing a Functional Behavioral Assessment (FBA) to identify causes and triggers of behavior and writing a Behavior Intervention Plan (BIP).

If the behavior was caused by the student’s disability, the student can’t be removed from the school except in specific scenarios including possession of a dangerous weapon or illegal drug or causing serious bodily injury. Even if the behavior is found not to be a manifestation of a student’s disability, the school is still tasked with providing FAPE and related services to special education students during their suspension or expulsion in an interim alternative education setting.

When facing long-term suspension or expulsion, it’s important for parents and students to know they can bring witnesses and documentation about their disability needs, Hedges said. “Students will have the opportunity to tell their side of the story,” she added. However, she warns that if a student faces criminal charges, information from the long-term suspension or expulsion hearing could also be used in criminal hearings.

Previously, students under age 7 could only be suspended or expelled if specific conditions were met. This applied to all students, not only those with IEPs or 504 plans. This law is changing in fall 2023; check with your school district for up-to-date information.

When a student faces long-term suspension or expulsion, the school team could propose that parents withdraw their child from school instead to avoid the suspension or expulsion appearing on the child’s record. While this may sound tempting, it could leave parents with few options. If the family agrees to withdraw from their home school district, no other district is required to accept the student.

If a family decides to keep a child with an IEP enrolled and proceed with a Manifestation Determination hearing, the student is still entitled to FAPE regardless of the outcome. “If a child has an IEP, they are always entitled to receive the services in their IEP, even if they are long-term suspended or expelled,” Glass said.

In some cases, it might be better to withdraw the child rather than face expulsion, Glass noted, as Arizona state law permits schools to refuse to enroll a student who has a previous expulsion on their record.

Above all, professionals encourage regular communication with their child’s school team. “Parents (or guardians) are critical to the child’s success,” Williams said. “They know their children better than anyone, and they are their children’s best advocates.”

Raising Special Kids provides discipline resources including fact sheets on our website at raisingspecialkids.org/resources/education .

• Spanish / Español
• Korean / 한국어
• Chinese / 中文
• Vietnamese / Tiếng Việt
• Khmer / ភាសាខ្មែរ a>

(8.7) Under what circumstances could my child with a disability be suspended or expelled from school?

• SERR - Special Education Rights and Responsibilities
• Chapter 8: Information on Discipline of Students with Disabilities

Students with disabilities are subject to the same suspension rules as nondisabled students.  However, before a school district can recommend that a student with a disability be expelled, a “manifestation determination” meeting must be held to discuss whether the student’s behavior was related to his disability or his IEP was implemented. [34 C.F.R. Sec. 300.530(e).]

If the behavior was related to the student’s disability or his IEP was not implemented, the student cannot be expelled and appropriate services need to be determined and provided to the student.  The determination of placement is an IEP team decision and expulsion from school is a “change of placement”.  A change of placement such as expulsion cannot be made without holding a “manifestation determination” meeting. The IEP team must hold a “manifestation determination” meeting upon a “change of placement.”

A “change of placement” also occurs when the student is suspended for more than 10 consecutive school days or when a student has more than 10 cumulative suspensions that constitute a pattern of removals due to proximity of suspensions and/or similarity of the incidents. [34 C.F.R. Sec. 300.536.] In this situation, the school district must also hold a manifestation determination meeting to determine the student’s educational, behavioral and placement needs and services.  The school district cannot change your child’s placement without your consent, or without a manifestation determination meeting, except for certain serious behaviors. (See Question 11 below.)

State law defers to federal law for most of the rules governing suspension and expulsion of special education students. [Cal. Ed. Code Sec. 48915.5.] Federal and state law allow for up to 10 consecutive days of suspension of special education students without any requirement of a manifestation determination, but for suspensions in excess of 10 days, there must be a special meeting. [20 U.S.C. Sec. 1415(k)(1)(B).] Principals, therefore, sometimes extend students’ five-day suspensions by an additional five days. A student may be suspended on a first offense only for reasons (1) through (5) in the list in question 2 below, or because his presence causes a danger to persons. [Cal. Ed. Code Sec. 48900.5.]

specialeducation

Special education.

• Early Childhood
• Emotional, Social, and Behavioral Development
• Family Empowerment Video Series
• Post-Secondary Life

School Discipline

• Special Education Eligibility & Implementation
• Transitions

When it comes to school discipline, all students have rights and protections. Special education students have the same rights, as well as several additional protections. Below, you can find the answers to many common questions about school discipline and special education.

Can My Special Education Student be Suspended?

Yes, special education students can be suspended for disciplinary infractions. However, they cannot receive longer or more stringent suspensions than their general education peers would receive for the same infraction.

Can I Appeal My Special Education Student’s Suspension?

All students have the right to appeal an out-of-school suspension. Your should check your school's discipline policy for their exact appeal process. DCPS suspensions must be appealed within two days of the suspension being issued. DC public charter school suspensions must be appealed within one day of the suspension being issued (please note, this may vary based on the individual charter school).

Did You Know?

All discipline policies are public and available on the website for your child’s school district or charter network!

What Additional Protections Does My Special Education Student Have?

In addition to the protections all students have, special education students have the right to a Manifestation Determination Review (also called a manifestation meeting or MDR) in several disciplinary circumstances. A manifestation meeting is required in the following circumstances:

• A special education student is suspended for ten or more cumulative days in a school year,
• A special education student is being considered for expulsion,
• or a special education student is being considered for a disciplinary change in placement (for example, a non-voluntary transfer).

This meeting brings together the parent, the school/LEA, and “relevant members” of the student’s IEP team (as determined by the parent and LEA). This team will then decide if the student’s misconduct was:

• a manifestation of their disability, or
• the direct result of the school failing to implement the student’s IEP .
• If the answer is yes, the student must be allowed to return to their previous programming (although this does not apply to infractions involving weapons, drugs, or serious bodily injury). The school must also take immediate further steps to support the student (for example, a Functional Behavioral Assessment (FBA) or Behavior Intervention Plan (BIP) ).

If the answer is no, the school has the authority to take the same disciplinary actions they would take for a general education student.

What is My Student Entitled to During their Suspension?

During an out-of-school suspension, all students have the right to:

• receive all appropriate schoolwork,
• communicate with their school about schoolwork assignments,
• and make up any schoolwork (including tests and assessments) missed during their suspension.

Special education students also have the right to receive the specialized instruction and related services (counseling, speech therapy, etc.) detailed in their IEPs.

Additional Resources:

• District of Columbia Student Discipline Guide
• DCPS Student Behavior Guidance for SY21-22
• DC Public Charter School Board Attendance and Discipline Report

Need Assistance?

Feel free to give us a call at (202) 671-2890 or reach out via our Contact Us form .

Westchester County: (914) 684-2100

New york city: (212) 490-2020.

• Bernard A. Krooks
• Mitchell C. Littman
• Mark F. Coldwell
• Martin W. Enright
• Nicholas N. Khayumov
• Joel Krooks
• Jackson Lamb
• Brian L. Miller
• Amy C. O’Hara
• Jessica A. Saio
• Steven D. Uslaner
• Marion M. Walsh
• Barry M. Bordetsky
• Bruno D. Lerer
• Joseph Levey
• Kevin Pendergast
• Robert Tucker
• Estate Planning
• Estate Litigation
• Advance Health Care Directives
• Asset Protection
• Guardianship
• Long-Term Care Planning
• Medicaid Planning & Applications
• Nursing Home Representation
• Probate & Estate Administration
• Mental Health & the Law
• Estate Planning in New York State
• Special Needs Planning
• Special Needs Trusts
• Letter of Intent
• Transition Planning
• Compare ABLE Accounts with Special Needs Trusts
• Special Education Advocacy
• Evaluations
• Impartial Hearing Process
• School Discipline Matters
• Special Education in New York City
• The Special Education Process
• The IEP and CSE Meetings
• Corporate & Securities Law
• Hospitality, Branding & Marketing
• Mergers & Acquisitions
• Private Investment Funds
• Private Placements
• Representative Transactions
• Our Attorneys
• Testimonials
• Make an Appointment
• Make a Payment
• Client Portal
• Newsletters
• Newsletter Sign Up
• Make A Payment

FIND A SERVICE

Find a resource, large firm service. small firm attention., student suspensions, littman krooks special education advocacy attorneys work for the empowerment of individuals with special needs., what you need to know about student suspensions.

By Harriet P. Schleifer

You get the dreaded call from the assistant principal that your child has been suspended from school.  What are your rights as a parent and what do you do?

The first thing to know is that school districts are required to develop a written code of conduct (“code”) that governs the conduct of students, teachers, school personnel, and visitors. Summaries of the code must be provided to all persons in parental relation to students prior to the start of each school year and to students at a general assembly at the beginning of each school year. In addition, the code must be made available for your review. Make sure you have a copy of the summary in your possession so that you understand the rights and responsibilities of both your child and the district.

Different student infractions of the code may result in different disciplinary measures. The most serious are the out-of- school suspensions. Suspensions may be short-term (up to five days) or long-term (more than five days and as long as a year).  Since out-of-school suspensions may result in a serious loss of instruction, parents should know their rights, as well as the authority of the school to discipline its students.

Short-Term Suspensions

Let’s start with the short-term, out-of-school suspension.  A principal has the right to suspend a student for a violation of the code for a maximum period of up to five days.  The law affords a person in parental relation the right to an informal conference with the principal (not a delegate) prior to a proposed suspension.  This is to allow the parent the right to ask questions of the complaining witness and the student to tell his side of the story.  The purpose of this informal conference is to get the facts surrounding the allegation and to dismiss, reduce, or mete out the maximum suspension allowed by the principal (five days.)  If the student is a danger or so disruptive of the educational process that the informal conference must be delayed, then it must be held as soon as practicable.

Parents typically learn about short-term suspensions through a phone call from the assistant principal.  Under the law, that alone is not sufficient notice. Schools are required to provide written notice of the proposed suspension in a manner reasonably calculated to be received by the person in parental relation within 24 hours of the proposed suspension.  The written notice must also inform the parent of the right to an informal conference with the principal.  If this information is not contained in the notice, the notice is deficient and parents may want to have the record annulled and expunged from their child’s school files.  The allegation contained in the notice should be specific enough to inform the parent of the nature of the violation.

Long-Term Suspensions

What about your rights when the principal wants to keep your child out of school for more than five days?  The principal must request a superintendent’s hearing for that. In fact, the hearing must be held on at least the fifth day, or your child has the right to return to school until the superintendent’s hearing (“hearing”) takes place (unless you request an adjournment of the hearing). In other words, your child has the right to a superintendent’s hearing.

I would not advise parents to allow the hearing to proceed without them or without an attorney present.  Parents may not understand the stakes. The hearing is like a mini-trial without all of the judicial rules of evidence.  For example, witnesses may be sworn in but hearsay is allowed. The superintendent may serve as the fact finder or may appoint a hearing officer to hear the facts and propose a finding and penalty. The hearing is usually taped, but there may be a stenographic recording instead.  The school district bears the burden of proof.

There are two phases to a hearing.  The first is the fact-finding phase. The school must present competent and substantial evidence to uphold a finding of guilt.  If the school cannot meet its burden, the student may return to school immediately.  If the student is found guilty of the allegation, the hearing moves into the second phase– the penalty phase.  At this point, the fact-finder may take into account the student’s prior academic, disciplinary, and attendance records to determine the extent of the penalty.  The student’s attorney should be protecting the student’s substantive and procedural rights during the hearing.  The attorney should be creating a record in case the superintendent’s decision is appealed first to the district’s board of education and, if necessary, to the commissioner of education in Albany.

Disabilities and the Disciplinary Process

The attorney will need to know if the police or the courts are involved as a result of the same violation alleged by the school.  In that case, although the student has the right to speak on his own behalf at the hearing, the attorney may decide to advise against this.  In addition, parents should authorize the attorney to gather records from the school district, therapists, and hospitals. The reason?  Students who are classified to receive special education services or who are “presumed to have a disability for discipline purposes” are entitled to receive a manifestation determination.  The function of a manifestation determination is to identify whether the alleged violation was caused by, or was directly or substantially related to, the student’s disability or if the alleged violation was the direct result of the district’s failure to implement the IEP.  The student’s attorney can play a crucial role in arguing that an unidentified student should be considered “presumed to have a disability for discipline purposes.”

If manifestation is found, the student must be immediately returned to school (there are circumstances where this does not  apply, however, and which are the subject for another discussion) and the Committee on Special Education must review the student’s educational program and services.  If no manifestation is found, the student may be disciplined as would any other student for the same violation.

Please note that while students are suspended from school, they are not allowed on school grounds (exceptions may apply and you need to check them) or to attend school functions,even if those functions are held in another district.  If your general education child is of compulsory school age, he is entitled to instruction in an interim alternative educational setting.  If your child is designated to receive special education services, instruction is mandated even beyond compulsory school age.

A frequent by-product of the disciplinary procedure is the discovery of an undiagnosed learning or emotional issue that has an adverse impact on the student’s educational performance.  That, too, is the subject of another discussion.

If you have any questions with regard to your child’s rights when it comes to school discipline issues, please do not hesitate to contact us.

Special Education Advocacy Services

Planning for your child’s future can seem overwhelming, but you do not need to face these tasks alone., additional services, contact littman krooks to learn how we can serve your special education needs..

OSPI Building Closed Thursday, August 22

The building will be closed to incoming phone calls and walk-ins from 10:30 am until 1:30 pm on August 22, 2024 . We appreciate your understanding during this time . Normal operations will resume at 1:30 pm on August 22, 2024. We look forward to serving you soon.

• Behavior and Discipline
• Contact Information

Special Education

When a student in special education gets suspended or expelled, the school district must still follow Washington State laws and regulations governing discipline that apply to all students. At the same time, however, there are additional special education discipline protections for when school districts remove a student who is eligible, or deemed eligible, for special education from their educational placement.

Thus, a student in special education may be involved in two processes simultaneously:

• General education discipline process, following the rules and procedures to address whether the student actually engaged in the misconduct, including any decisions about the length and type of removal; and
• Special education discipline rules and procedures to make decisions about whether a student will be removed from their current special education placement, and if so, the services that will be provided to the student.

Be sure to familiarize yourself with both the general education discipline timelines and procedures, and the special education procedures. For more information about general education discipline procedures, visit OSPI’s Student Discipline page .

Students eligible for special education, in general, may not be removed from their educational placement for more than 10 school days in a row or be subjected to a series of removals that total more than 10 school days in a year. Removals of 10 days or more are considered to be a change of placement.

When a student is removed from their educational placement for more than 10 school days, a manifestation determination meeting must be held within 10 days of the removal. This meeting is to determine whether the student’s behavior was a manifestation of their disability. This determination is made by you, the district, and other relevant members of the IEP team (as decided by you and the district). A manifestation determination meeting is a distinct process only for students in special education that is separate from any other general education disciplinary hearings or procedures.

The exception to the rule, however, is when your student's misbehavior involves Special Circumstances – weapons, illegal drugs, or serious bodily injury. A manifestation determination meeting must still occur, but, your student may be removed for up to 45 school days regardless of whether your student’s behavior was a manifestation of their disability.

• Frequently Asked Questions

A behavioral intervention plan is a plan incorporated into your student’s IEP if determined necessary by the IEP team for your student to receive FAPE. The behavioral intervention plan, at minimum, must describe:

• The pattern of behavior(s) that impedes your student’s learning or the learning of others;
• The instructional and/or environmental conditions or circumstances that contribute to the pattern of behavior(s) being addressed by the IEP team;
• The positive behavioral interventions and supports to: (1) reduce the pattern of behavior(s) that impedes your student’s learning or the learning of others and increases the desired prosocial behaviors; and (2) ensure that the consistency of the implementation of the positive behavioral interventions across all of your student’s school-sponsored instruction or activities;
• The skills that will be taught to your student and monitored by the school district as alternatives to the pattern of challenging behavior(s) identified.

Positive behavioral interventions are defined as strategies and instruction that can be implemented in a systematic manner in order to provide alternatives to challenging behaviors, reinforce desired behaviors, and reduce or eliminate the frequency and severity of challenging behaviors. Positive behavioral interventions include the consideration of environmental factors that may trigger challenging behaviors and teaching your student the skills to manage their own behavior.

A functional behavioral assessment (FBA) is a type of evaluation used by a school district to determine the cause (or “function”) of behavior before developing an intervention(s). An FBA is generally considered as part of a problem-solving process for addressing challenging student behavior. It relies upon a variety of techniques and strategies to identify the purposes of specific behavior and is used to inform and guide IEP teams in selecting positive behavioral interventions to directly address student behavioral needs.

If any behavioral violation is determined to be a manifestation of your student’s disability, then the IEP team reviews and revises your student’s BIP, if one is already in place. If no BIP is place, but it is determined by the IEP team to be appropriate to incorporate into your student’s IEP, then an FBA is conducted to help inform the development of a BIP for your student.

If the district was not implementing your student’s IEP (including a BIP if one is already in place), then the district must take immediate action to correct those deficiencies. After the removal period, your student returns to their current placement unless you and the district agree to a different placement or a hearing officer orders a different placement.

If the behavioral violation is determined not to be a manifestation of your student’s disability, then school personnel may use the same general education discipline procedures, in the same manner, and for the same period of time, as it would for a student who does not receive special education services. On the other hand, if the removal is for more than 10 school days, then the school must still provide special education services to your student. The IEP team decides the appropriate Interim Alternative Educational Setting and special education services to meet your student's needs. If appropriate, an FBA may still be conducted and used to develop a BIP for your student’s IEP.

No. Your student may not be disciplined for misconduct that results in a change of placement (more than 10 days) if the behavior was caused by, or had a direct and substantial relationship to your student’s disability or, if the school district failed to implement your student’s IEP, including any BIP. A manifestation determination meeting, however, must first take place to determine whether your student’s behavior was a manifestation of their disability.

It depends. If the misconduct was determined to be a manifestation of your student’s disability and does not involve Special Circumstances, then no – the district may not send your student to another school and they will return to their original placement unless you, the IEP team, and the district agree otherwise.

When your student's misconduct involves Special Circumstances, however, the district may remove your student to an Interim Alternative Educational Setting as determined by the IEP team. This action may occur regardless of whether your student’s behavior was a manifestation of their disability for up to 45 school days.

If you disagree with the reason why your student is being disciplined, you can use the general education procedures for appealing disciplinary decisions made by the school.

If you disagree with the manifestation determination, disagree with decisions about the special education services provided to your student during their removal, or disagree with any decision regarding your student’s placement, then you can request an expedited special education due process hearing. For more information on due process hearings, go to the Disagreements & Complaints section and visit the Dispute Resolution page.

Behavior & Discipline Resources

• TAP #2: Discipline Requirements for Students Who Receive Special Education Services
• Special Education Discipline Flowchart
• OSEP Technical Assistance Center on PBIS
• OSPI Student Discipline
• Dear Colleague Letter on the Inclusion of Behavioral Supports in Individualized Education Programs
• Parent Center Resources on Positive Behavior Supports, Functional Behavioral Assessment, and School Discipline
• Artificial Intelligence (AI)
• Learning Standards
• Performance Assessments
• Resources and Laws
• K-12 Learning Standards
• Computer Science Grants
• Learning Standards and Best Practices for Instruction
• Comprehensive Literacy Plan (CLP)
• Strengthening Student Educational Outcomes (SSEO)
• Washington Reading Corps
• OSPI Contacts
• Regional ELA Coordinators
• Assessments
• Environmental and Sustainability Literacy Plan
• Resources and Research
• About FEPPP
• Trainings and Events
• Committees, Meetings, and Rosters
• Partnership
• Resources and Links
• Legislation and Policy
• Laws & Resources
• ASB Frequently Asked Questions
• Comprehensive Sexual Health Education Implementation
• Sexual Health Education Standards Comparison
• 2023 Sexual Health Education Curriculum Review
• 2024 Sexual Health Education Curriculum Review
• Sexual Health Curriculum Review Tools
• Training/Staff Development
• Math Graduation Requirements
• Family Resources
• Modeling Our World with Mathematics
• Modern Algebra 2
• Outdoor Education for All Program
• Grants, Resources, and Supports
• SEL Online Education Module
• Academic Learning is Social and Emotional: Integration Tools
• Learning Standards & Graduation Requirements
• OSPI-Developed Social Studies Assessments
• Resources for K-12 Social Studies
• Civic Education
• Holocaust Education
• History Day Program Components
• Washington History Day and Partners
• Temperance and Good Citizenship Day
• Social Studies Grant Opportunities
• Social Studies Laws and Regulations
• Social Studies Cadre of Educators
• Social Studies Showcase
• Early Learning Curriculum
• Elementary Curriculum
• Middle School Unit 1C Washington State History—Medicine Creek Treaty of 1854
• High School Unit 1 Contemporary World Problems
• High School Unit 1 US History
• High School Unit 2 Contemporary World Problems
• High School Unit 2 US History
• High School Unit 3 Contemporary World Problems
• High School Unit 3 US History
• High School Unit 4 Contemporary World Problems
• High School Unit 4 US History
• High School Unit 5 US History
• High School Unit 6 US History
• Tribes within Washington State
• Implementation and Training
• Indigenous Historical Conceptual Framework
• Regional Learning Project Videos
• Language Proficiency Custom Testing
• Proficiency Assessment Options
• Credits & Testing for Students
• Testing Process For Districts
• Laws/Regulations
• Washington State Seal of Biliteracy
• Talking to Young People About Race, Racism, & Equity
• Open Educational Resources
• Course Design & Instructional Materials
• Reporting Instruction and Assessment
• Washington State Learning Standards Review
• Learning Standards Public Comment
• High School and Beyond Plan
• Waivers and CIA
• Career Guidance Washington Lessons
• High School Transcripts
• Graduation Pathways
• Credit Requirements
• Career and College Readiness
• Family Connection
• Whole-child Assessment
• Early Learning Collaboration
• Training and Webinars
• WaKIDS Contacts
• Professional Development
• Calculator Policy
• ELA Assessment
• Smarter Balanced Tools for Teachers
• 1% Alternate Assessment Threshold
• Access Point Frameworks and Performance Tasks
• Scoring and Reporting
• INSIGHT Portal
• State Testing Frequently Asked Questions
• Achievement Level Descriptors
• Technical Reports
• Testing Statistics (Frequency Distribution)
• Scale Scores State Assessments
• Sample Score Reports
• Request to View Your Student’s Test
• ELP Annual Assessments
• English Language Proficiency Screeners
• Alternate ACCESS
• WIDA Consortium
• Trainings, Modules, and Presentations
• Assessment Resources
• Monitoring of State Assessments
• Principal Letter Templates
• NAEP State Results
• NAEP Publications
• Timelines & Calendar
• Approval Process
• Carl D. Perkins Act
• Program of Study and Career Clusters
• 21st Century Skills
• Career Connect Washington
• Methods of Administration (MOA)
• Statewide Course Equivalencies
• Work-Based Learning
• Skill Centers
• Federal Data Collection Forms
• Special Education Data Collection Summaries
• File a Community Complaint
• Special Education Due Process Hearing Decisions
• Request Mediation (Special Education)
• Request a Due Process Hearing
• Special Education Request Facilitation
• Early Childhood Outcomes (Indicator 7)
• Transition from Part C to Part B (Indicator 12)
• Preschool Least Restrictive Environment (LRE) - Indicator 6
• Disagreements and Complaints about Special Education
• Eligibility for Special Education
• Evaluations
• How Special Education Works
• Individualized Education Program (IEP)
• Making a Referral for Special Education
• Need Assistance?
• Parent and Student Rights (Procedural Safeguards)
• Placement Decisions and the Least Restrictive Environment (LRE)
• Prior Written Notice
• Transition Services (Ages 16–21)
• What Is Special Education?
• Special Education WAC and Federal IDEA
• Policy Guidance and Resources
• Rulemaking and Public Comment
• Current Nonpublic Agencies
• Personnel Qualifications Guidance
• Annual Determinations
• Model Forms for Services to Students in Special Education
• Self-Study and System Analysis
• Significant Disproportionality
• Washington Integrated System of Monitoring
• Technical Assistance
• Special Education Community Complaint Decisions
• State Needs Projects
• Mental Health Related Absences
• Attendance Awareness Materials
• Improving Attendance for Schools
• Attendance Resources
• Policies, Guidance, and Data Reporting
• District Truancy Liaison
• Building Bridges Grant Program
• GATE Equity Webinar Series
• Contact Us - CISL
• Course-Based Dual Credit
• Exam-Based Dual Credit
• Transitional Kindergarten
• Early Learning Resources
• Early Learning District Liaisons
• Early Learning Fellows Lead Contact List
• How the IPTN Works 
• Menus of Best Practices & Strategies
• MTSS Events
• Integrated Student Support
• MTSS Components and Resources
• Ninth Grade Success
• Equity in Student Discipline
• Student Discipline Training
• Student Transfers
• Powerless to Powerful
• Continuous School Improvement Resources
• Migrant Education Health Program
• Migrant Education Parent Advisory Council
• Migrant Education Workshops and Webinars
• Migrant Education Student Resources
• TBIP Program Guidance
• WIDA Resources
• Dual Language Education and Resources
• Title III Services
• Family Communication Templates
• Webinars and Newsletters
• Migrant & Multilingual Education Program Directory
• Tribal Languages
• Types of Tribal Schools
• State-Tribal Education Compact Schools (STECs)
• Support for Indian Education and Culture
• Curriculum Support Materials
• Rules and Regulations
• Title VI Indian Education Programs — By District
• Native Educator Cultivation Program
• Tribal Consultation
• McKinney-Vento Act
• Liaison Training Update Webform
• Homeless Student Data and Legislative Reports
• Homeless Education Posters and Brochures for Outreach
• Resources for Homeless Children and Youth
• Interstate Compact for Military Children
• Military Kids Resources and Links
• Foster Care Liaison Update
• Building Point of Contact Update Form
• State and Federal Requirements
• Foster Care Resources and Training
• Postsecondary Education for Foster Care
• Children and Families of Incarcerated Parents
• Project AWARE
• Youth Suicide Prevention, Intervention, & Postvention
• Best Practices & Resources
• Prevention/Intervention SAPISP Coordinators
• Behavioral Health Resources
• Workforce Secondary Traumatic Stress
• Continuity of Operations Plan (COOP)
• Digital/Internet Safety
• HIB Compliance Officers Contact List
• Student Threat Assessment
• School Safety and Security Staff
• Restraint and Isolation
• Active Shooter
• Bomb Threat & Swatting
• Gangs in Schools
• School Drills
• Terrorism and Schools
• Weapons and Schools
• Reducing Restraint & Eliminating Isolation (RREI)
• Youth-Centered Environmental Shift Program
• Erin's Law 2018 Curriculum Review
• Erin’s Law – House Bill 1539
• Health Services Resources
• Health Services Sample Forms
• Immunizations
• School Nurse Corps
• 2021 COVID-19 Student Survey Results
• Healthy Youth Survey
• School Health Profiles
• Alternative Learning Experience
• Continuous Learning
• Graduation, Reality And Dual-Role Skills (GRADS)
• Guidance and Resources for Educators and Families
• HiCapPLUS Professional Learning Modules for Educators
• Home-Based Instruction
• Home/Hospital Instruction
• For Applicants
• For Schools & Districts
• Course Catalog
• Online Learning Approval Application
• Approved Online Schools and School Programs
• Approved Online Course Providers
• Getting Started Toolkit
• Open Doors Reports
• Washington's Education Options
• The Superintendent's High School Art Show
• Daniel J. Evans Civic Education Award for Students
• Washington State Honors Award
• Pre-Residency Clearance In-State Applicant
• Teacher College Recommendation
• Conditional Teacher Certificate - In-State
• Intern Substitute Certification In-State Applicants
• Emergency Substitute Certification In-State Applicants
• First Peoples' Language, Culture and Oral Traditions Certification
• Pre-Residency Clearance Out-of-State Applicant
• Residency Teacher Out-of-State
• Professional Teacher Out-of-State
• Substitute Teaching Out-of-State
• Conditional Teacher Out-of-State
• Intern Substitute Teacher Certificate Out-of-State
• Emergency Substitute Teacher Certification Out-of-State
• Foreign Trained Applicants Teacher Certification
• Residency Teacher Renewal
• Professional Teacher
• Transitional Teaching Certificate
• Conditional Teacher Certification
• Emergency Substitute Certificate
• First Peoples' Language, Culture and Oral Traditions Renewal
• Initial Teaching Certificate
• Standard/Continuing Teaching Certificate
• Provisional Teaching Certificate
• Upgrading Initial to Continuing
• Upgrade from Residency to Professional
• Converting Initial to Residency Teaching Certificate
• STEM Renewal Requirement for Teacher Certification
• Adding a CTE Certification Vocational Code (V-Code)
• Renewal of a Career and Technical Educator (CTE) Initial Certificate
• Renewal of a Career and Technical Educator (CTE) Continuing Certificate
• Career and Technical Educator Conditional Certificate
• Initial/Continuing CTE Career Guidance Specialist Certificate
• Career and Technical Educator (CTE) Director Certificate
• Washington State Certification - Frequently Asked Questions
• General Paraeducator
• English Language Learner Subject Matter
• Special Education Subject Matter
• Paraeducator First Time Applicant - Advanced Paraeducator
• English Language Learner Subject Matter Renewal
• Special Education Subject Matter Renewal
• Advanced Paraeducator Renewal
• Administrator College Recommendation
• Substitute Administrator Certificate In-State
• Conditional Administrator (Principals Only)
• Superintendent College Recommendation
• Residency Principal or Program Administrator
• Substitute Administrator Out-of-State
• Professional Principal or Program Administrator
• Initial Superintendent
• Professional Principal or Program Administrator Renewal
• Initial (Superintendent, Program Administrator, or Principal)
• Continuing (Superintendent, Program Administrator, Principal)
• Standard/Continuing Administrator Certificate
• Transitional Administrator Certificate
• Residency Principal and Program Administrator Upgrade to Professional
• Initial Upgrading to Continuing
• Initial Converting to Residency Administrator
• School Orientation and Mobility Specialist
• School Counselor First Time Applicant
• School Psychologist First Time
• School Nurse
• School Social Worker First Time
• School Occupational Therapist First Time
• School Physical Therapist First Time
• Speech Language Pathologist/Audiologist First Time
• School Behavior Analyst
• Substitute ESA
• School Behavior Analyst Renewal
• School Orientation and Mobility Specialist Renewal
• School Counselor Reissue and Renewal
• School Psychologist Reissue and Renewal Applicant
• School Nurse Renewal
• School Social Worker Renewal Applicant
• School Occupational Therapist Renewal
• School Physical Therapist Renewal Applicant
• Speech Language Pathologist/Audiologist Renewal Applicant
• Conditional ESA
• Transitional ESA Renewal
• Upgrade from Residency to Professional ESA
• Upgrade from Initial to Continuing ESA
• Converting Initial to Residency ESA
• Military-Affiliated Educator Certification Applicants
• Professional Certification Webinars and Presentations
• Regulations and Reports
• National Board Candidate FAQ
• OSPI National Board Conditional Loan
• Support National Board Candidates
• National Board Certification and Washington State Teaching Certificate
• National Board Candidate and NBCT Clock Hours
• Washington State National Board Certified Teacher Bonus
• National Board Cohort Facilitator
• National Board Certification Regional Coordinators
• Washington State National Board Certification - NBCT Spotlight
• Helpful Links
• Certification-Forms
• Professional Certification Fee Schedule
• Fingerprint Office Locations
• Fingerprint Records Forms and Resources
• Fingerprint Records Alternatives for Applicants
• Fingerprint Records Private School Applicants
• Fingerprint Records Frequently Asked Questions
• International Education
• Washington State Recommended Core Competencies for Paraeducators
• Standards for Beginning Educator Induction
• Washington State Standards for Mentoring
• Mentor Foundational Opportunities
• Mentor Extended Learning
• Mentor On-going Opportunities
• Induction Leader Opportunities
• Educator Clock Hour Information
• STEM Clock Hours
• Approved Providers
• Become an Approved Provider
• Department of Health License Hours as Clock Hours Information
• Comprehensive School Counseling Programs
• School Psychology
• School Social Work
• Laws, Regulations & Guidance
• Support & Training
• Teacher-Librarians
• School Library Programs - Standards and LIT Framework
• School Library Research and Reports
• Student Growth
• Research and Reports
• Training Modules
• AWSP Leadership Framework
• CEL 5D+ Instructional Framework
• Danielson Instructional Framework
• Marzano Instructional Framework
• CEL 5D+ Teacher Evaluation Rubric 3.0
• Charlotte Danielson’s Framework for Teaching
• Marzano’s Teacher Evaluation Model
• Washington State Fellows' Network
• NBCT Leadership Opportunities
• Teacher of the Year and Regional Winners
• History Teacher of the Year
• Winners' Gallery
• Presidential Awards for Excellence in Mathematics and Science Teaching (PAEMST)
• From Seed to Apple
• ESEA Distinguished Schools Award Program
• U.S. Department of Education Green Ribbon Schools
• Blue Ribbon Schools Program
• Disciplinary Action Notices
• Investigation Forms
• Investigations FAQ
• OSPI Reports to the Legislature
• Asset Preservation Program
• High-Performance School Buildings Program
• School District Organization
• School Construction Assistance Program (SCAP) Revision Planning
• School Facilities Construction Projects Funding
• Building Condition Assessment (BCA)
• Information and Condition of Schools (ICOS)
• Forms and Applications
• Small District Energy Assessment Grant
• Emergency Repair Pool Grant
• CTE Equipment Grant Program
• Health and Safety ADA Access Grants
• Healthy Kids-Healthy Schools Grants
• Skill Centers Capital Funding
• Lead in Water Remediation Grant
• Small School District Modernization Grant
• Urgent Repair Grant
• Regulations and Guidance
• Special Education Funding In Washington State
• Applying for Safety Net Funding
• Apportionment, Enrollment, and Fiscal Reports
• Apportionment Attachments
• Budget Preparations
• District Allocation of State Resources Portal
• Election Results for School Financing
• ESD Reports and Resources
• Tools and Forms
• ABFR Guidelines
• Accounting Manual
• EHB 2242 Accounting Changes
• EHB 2242 Guidance
• Enrollment Reporting
• Federal Allocations
• Indirect Cost Rates
• Personnel Reporting
• School District Budget Challenges and Financial Insolvency
• School Apportionment Staff
• 1801 Personnel Reports
• Financial Reporting Summary
• Organization and Financing of Washington Public Schools
• Personnel Summary Reports
• Property Tax Levies
• Training and Presentations
• Legislative Budget Requests
• 2023 Proviso Reports
• Washington State Innovates
• Washington State Common School Manual
• EGMS Resources & Guides
• OER Project Grants
• Nita M. Lowey Grant Competition
• Program Guidance
• Balanced Calendar
• Beginning Educator Support Team Grants
• Ask a Question about the Citizen Complaint Process
• Professional Learning Opportunities for Title I, Part A and LAP
• Fiscal Guidance
• Digital Equity and Inclusion Grant
• Private School Participation in Federal Programs
• Public Notices & Waiver Requests to the U.S. Department of Education
• State Applications and Reports Submitted to U.S. Department of Education
• Washington School Improvement Framework
• Homeless Education Grants
• Allowable Costs
• Educator Equity Data Collection
• LifeSkills Training (LST) Substance Abuse Prevention Grants
• Rural Education Initiative
• Student Support and Academic Enrichment (Title IV, Part A)
• Washington School Climate Transformation Grant (SCTG)
• Federal Funding Contact Information
• CGA Contacts
• Meals for Washington Students
• Washington School Meals Application Finder
• At-Risk Afterschool Meals
• Family Day Care Home Providers/Sponsors
• Meal Patterns and Menu Planning
• CACFP Requirements and Materials
• Child and Adult Care Food Program Training
• Menu Planning and Meal Patterns
• Bulletins and Updates
• Summer Food Service Program Training
• Food Distribution
• Procurement
• Local Food for Schools
• Food Service Management Companies
• Claims, Fiscal Information and Resources
• Washington Integrated Nutrition System (WINS)
• Child Nutrition Program Reports
• Child Nutrition Grants
• EdTech Plan for K-12 Public Schools in Washington State
• IP Address Assignment
• School Technology Technical Support
• E-rate Program
• Computers 4 Kids (C4K)
• Digital Equity and Inclusion
• Legislation & Policies
• Media Literacy & Digital Citizenship Grants
• Best Practices
• State Technology Survey
• 2023-24 State Quote Specifications
• Student Transportation Allocation (STARS) Reports
• Instructor Training Programs
• CWU Training Program
• Publications and Bulletins
• Online School Bus Information System
• Online Bus Driver Certification
• Complaints and Concerns About Discrimination
• Information for Families: Civil Rights in Washington Schools
• Resources for School Districts
• Nondiscrimination Law & Policy
• Language Access
• Report Card
• Data Portal
• Data Administration
• Education Data System Administration (EDS)
• EDS Application User Guides
• Training and Materials
• District and School Resources
• Student Growth Percentiles FAQ
• Student Data Sharing
• Educator Data Sharing
• Implementation of I-2081, the Parents’ Bill of Rights
• Discipline COVID-19 Data Display
• Monthly Enrollment and Absences Display
• Substitute Teachers Data
• K-12 Education Vision & McCleary Framework
• Use of the OSPI Logo
• Nondiscrimination Policy & Procedure
• Agency Leadership
• News Releases
• Special Projects
• Job Opportunities
• OSPI Interlocal Agreements
• Competitive Procurements
• Sole Source Contracts
• Accounting Manual Committee
• Children & Families of Incarcerated Parents Advisory Committee
• Committee of Practitioners (COP), Title I, Part A
• Publications and Reports
• Family Engagement Framework Workgroup
• GATE Partnership Advisory Committee
• Institutional Education Structure and Accountability Advisory Group
• K-12 Data Governance
• Language Access Advisory Committee
• Multilingual Education Advisory Committee
• Online Learning Advisory Committee
• Reopening Washington Schools 2020-21 Workgroup
• School Facilities Advisory Groups
• School Safety and Student Well-Being Advisory Committee Meetings
• Social Emotional Learning Advisory Committee
• Special Education Advisory Council (SEAC)
• Teacher Residency Technical Advisory Workgroup
• About Dyslexia
• Screening Tools and Best Practices
• Washington State Native American Education Advisory Committee (WSNAEAC)
• Work-Integrated Learning Advisory Committee
• African American Studies Workgroup
• Compensation Technical Working Group
• Ethnic Studies Advisory Committee
• Expanded Learning Opportunities Council
• K–12 Basic Education Compensation Advisory Committee
• Language Access Workgroup
• Race and Ethnicity Student Data Task Force
• Past Meeting Materials
• School Day Task Force
• Sexual Health Education Workgroup
• Staffing Enrichment Workgroup
• Student Discipline Task Force
• Transitional Bilingual Instruction Program (TBIP) Accountability Task Force
• OSPI Public Records Request
• How to File a Complaint
• Directions to OSPI
• Social Media Terms of Use
• 2023-24 School Breaks
• 180-Day School Year Waivers
• ESD Contact Info
• Maps & Applications
• Websites and Contact Info
• Web Accessibility Request Form
• Emergency Relief Funding Priorities
• State & Federal Funding
• School Employee Vaccination Data
• Washington’s Education Stimulus Funds
• Special Education Guidance for COVID-19
• Academic and Student Well-being Responses
• School Reopening Data

          ED Facts          

Discipline data,                                  , types of disciplinary removals, states and leas must report five types of disciplinary removals for children and youth with disabilities., states and leas can apply disciplinary actions to any child and youth, including children and youth with disabilities. when reporting disciplinary actions, include all children with 0.5 or greater cumulative days removed (exclude parentally-placed private students)., in-school suspension.

Instances in which the LEA temporarily removed a child or youth from his/her regular classroom(s) for disciplinary purposes but the child or youth remains under the direct supervision of school personnel. Direct supervision means school personnel are physically in the same location as the child or youth under their supervision.

Out-of-school suspension

Instances in which the LEA temporarily removed a child or youth from his/her regular school for disciplinary purposes to another setting (e.g., home, behavior center). This includes both removals in which the LEA provides no IEP services are provided because the removal is 10 days or less as well as removals in which the child or youth continues to receive services according to his/her IEP.

An action the LEA took removing a child or youth from his/her regular school for disciplinary purposes for the remainder of the school year or longer in accordance with LEA policy. This includes removals resulting from violations of the Gun Free Schools Act that the LEA modified to less than 365 days.

Removal to interim alternative educational setting

An appropriate setting determined by the child or youth’s IEP team in which the LEA placed the child or youth for no more than 45 school days. This setting enables the child or youth to continue to receive educational services and participate in the general education curriculum (although in another setting) and to progress toward meeting the goals set out in the IEP. As appropriate, the setting includes a functional behavioral assessment and behavioral intervention services and modifications to address the behavior violation so that it does not recur.

Removal by hearing officer

Instances in which an impartial hearing officer orders the removal of a child or youth with disabilities from his/her current educational placement to an appropriate alternative educational setting for not more than 45 school days based on the hearing officer’s determination that maintaining the child's or youth’s current placement is substantially likely to result in injury to the child or youth, or others. The IEP team is responsible for determining the interim alternative educational setting.

ED Facts Files

States report children and youth with removals and number of removals in six ed facts files., states report idea disciplinary removals using the following ed facts files specifications. the interactive graphic helps illustrate how the six ed facts files are interrelated. hover over individual file specifications to learn how the files are related., some of the files report counts of students; others report counts of removals. for more information about specific ed facts files, including the purpose of the file and guidance for reporting, select any of the buttons., children and youth with disabilities ages 3–21, total disciplinary removals.

Number of children and youth suspended, expelled, or removed.

•   FS005
•   FS006
•   FS143

Number of times children and youth were suspended, expelled, or removed.

•   FS088

Removals to an interim alternative educational setting

Number of children and youth removed to an interim alternative educational setting.

•   FS007

Reasons why children or youth were removed unilaterally.

Suspensions or expulsions

Number of children and youth suspended or expelled.

•   FS144

Educational services during expulsion

Whether children or youth received educational services during an expulsion.

•   This document applies to all children ages 3–21

Children with Disabilities (IDEA) Disciplinary Removals

Disciplinary removals.

Primary Disability

The primary disability identified in a student’s IEP . The disability code set is based on the Individuals with Disabilities Education Act (IDEA).

Deaf-blindness

Developmental delay

Emotional disturbance

Hearing Impairment

Intellectual disability

Multiple disabilities

Orthopedic impairment

Specific learning disability

Speech or language impairment

Traumatic brain injury

Visual impairment

Other health impairment

English Learner Status

An indication of whether a student meets the definition of an English Learner at the time of removal.

English learner

Non-English learner

Race/Ethnicity

The general racial category that most clearly reflects individuals’ recognition of their community or with which the individuals most identify:

American Indian or Alaska Native

Black or African American

Hispanic/Latino

Native Hawaiian or Other Pacific Islander

Two or more races

An indication that students are either female or male.

collapse all

To report the unduplicated number of children who are ages 3 through 21 with disabilities (idea) who were subject to any kind of disciplinary removal during the school year., to report the unduplicated number of children with disabilities (idea) who are ages 3 through 21 who were subject to any kind of disciplinary removal during the school year. edfacts fs088 is submitted at both the sea and lea level., students to report, report children with disabilities (idea) as defined in the edfacts workbook who were ages 3 through 21 as of the child count date and were subject to a disciplinary removal . seas submit the file with the child’s primary disability category, english learner status, race/ethnicity and sex., students to exclude, students who have been suspended for less than a half a school day., parentally placed private school students., what is a disciplinary removal, any instance in which a child with a disability is removed from his/her educational placement for disciplinary purposes, including in-school suspension , out-of-school suspension , expulsion, removal by school personnel to an interim alternative educational setting for drugs or weapon offenses or serious bodily injury, and removal by hearing officer for likely injury to the child or others., removal length, the cumulative number of days children with disabilities (idea) were removed from their current educational setting during the school year..

Description	Code
Less than 0.5 cumulative days
≥0.5 cumulative days and
≥1.5 cumulative days and ≤10.0 cumulative days
>10.0 cumulative days

For example , a child who was suspended four times for three days each during the school year and who was removed 12 cumulative days would be reported once as greater than 10 days in the "GREATER10" category.

How are cumulative days counted, students who have cumulatively been suspended for a half a day or longer should be reported. states that are unable to record data on a half-day basis should count all half-day suspensions as whole-day suspensions., for full ed facts fs088 file visit:, https://www2.ed.gov/about/inits/ed/edfacts/file-specifications.html, total disciplinary removals, this file specification is used to collect the number of times children with disabilities (idea) who were ages 3 through 21 and subject to any kind of disciplinary removal . ed facts fs143 is submitted for both the sea level and lea level., students who have cumulatively been suspended for less than half a school day., students parentally placed in a private school., for full ed facts fs143 file visit:, children with disabilities (idea) removal to interim alternative educational setting, removal to interim alternative educational setting, this file specification is used to collect the number of children with disabilities (idea) who are ages 3 through 21 and removed to an interim alternative educational setting. ed facts fs005 is submitted for both the sea level and lea level., report children with disabilities (idea) as defined in the edfacts workbook who were ages 3 through 21 as of the child count date and were subject to either:, unilateral removal by school personnel, removed based on a hearing officer's determination, in instances in which the iep team meets to determine the appropriate setting where the child will receive educational services following a unilateral removal by school personnel or a removal by a hearing officer for likely injury, the removal must be included in this file. seas submit the file with the child’s primary disability category, english learner status, race/ethnicity and sex., students who were removed from their current educational placement as a result of a decision by the iep team to change the student’s placement, students parentally placed in a private school, students who are removed by school personnel for drugs , weapon or serious bodily injury and were not sent to an interim alternative educational setting (these students should be reported in fs006 as having been suspended.), interim removal codes, the types of interim removal from current educational setting experienced by children with disabilities (idea) include:.

Description	Code
Unilaterally removed to an interim alternative educational setting by school personnel (not the IEP team) for drugs, weapon, or serious bodily injury.
Removed to an interim alternative educational setting based on a hearing officer finding that there is substantial likelihood of injury to the child or others.

For Full ED Facts FS005 file visit:

Children with disabilities (idea) reasons for unilateral removal, reasons for unilateral removal, this file specification is used to collect the number of times children with disabilities (idea) who were ages 3 through 21 and unilaterally removed by school personnel (not the iep team) from their current educational placement to an interim alternative educational setting (determined by the iep team) due to drug or weapon offenses or serious bodily injury. edfacts fs007 is submitted for both the sea and lea level., report children with disabilities (idea) as defined in the edfacts workbook who were ages 3 through 21 as of the child count date and were subject to unilateral removal by school personnel for drugs or weapon offenses or serious bodily injury ., instances in which school personnel (not the iep team) order the removal of children with disabilities from their current educational placement to an appropriate interim alternative educational setting for not more than 45 school days., the iep team is responsible for determining the interim alternative educational setting., unilateral removals do not include decisions made by the iep team to change a student’s placement., seas submit the file with the child’s primary disability category, english learner status, race/ethnicity and sex., students who were moved from their current educational placement as a result of a decision by the iep team to change a student’s placement., for example , if following a discipline offense, the iep team meets and determines that the child’s current placement is not the least restrictive environment for that child, and therefore makes a permanent change in the child’s iep placement, do not report the child in this file., students who are removed by school personnel for drugs, weapons, or serious bodily injury and were not sent to an interim alternative educational setting. (these students should be reported in fs006 as having been suspended.), what type of count is this, this file is a count of removals by type of offense. if a removal was triggered by more than one type of offense, the removal would be reported in this file more than once., for example , if a student was removed because the student committed both a drug offense and a weapon offense, the removal would be reported twice., what is a unilateral removal, instances in which school personnel (not the iep team) order the removal of children with disabilities from their current educational placement to an appropriate interim alternative educational setting for not more than 45 school days. the iep team is responsible for determining the interim alternative educational setting. unilateral removals do not include decisions by the iep team to change a student’s placement., how are counts reported at the lea level, report removals at the lea that has responsibility for the student’s iep., interim removal reason, the reasons why children with disabilities (idea) were unilaterally removed from their current educational placement to an interim alternative educational setting..

Reason	Code
Drugs
Weapons
Serious Bodily Injury

For Full ED Facts FS007 file visit:

Children with disabilities (idea) suspensions/expulsions, suspensions/ expulsions, this file specification is used to collect the number of children who are ages 3 through 21 with disabilities and were suspended ( in-school suspension or out-of-school suspension ) or expulsion for disciplinary reasons., this file specification is used to collect the number of children with disabilities (idea) who are ages 3 through 21 and suspended or expelled for disciplinary reasons. ed facts fs006 is submitted for both the sea and lea level., report children with disabilities (idea) as defined in the ed facts workbook who were ages 3 through 21 as of the child count date and were subject to:, out-of-school suspension or expulsion, in-school suspension, students who are removed by school personnel for drugs , weapon or serious bodily injury and were not sent to an interim alternative educational setting should be reported as having been suspended., include students who are suspended pending an iep team meeting in which the students’ iep placements are changed., in instances in which the iep team meets to determine the appropriate setting where the student will receive educational services following an expulsion, out-of-school suspension or in-school suspension, the removal must be included in this file., for example, if following a discipline offense, the iep team meets and determines that the child’s current placement is not the least restrictive environment for that child, and therefore makes a permanent change in the child’s iep placement, do not report the child in this file., exclude parentally placed private school students., discipline method, the type of suspension or expulsion used for the discipline of children with disabilities..

Discipline Method	Code
Out of School Suspensions/Expulsions – removal from regular school for disciplinary purposes temporarily, for the remainder of the school year, or longer according to LEA policy
In School Suspensions – temporary removal from regular classroom(s) for disciplinary purposes but still under supervision of school personnel

How are students reported by removal length?

Students are reported for out-of-school suspensions or expulsions separately from in-school suspensions., the cumulative number of days children with disabilities (idea) were suspended or expelled during the school year for disciplinary reasons..

Cumulative Days of Removal	Code
10 days or less during school year
More than 10 days during the school year

For Full ED Facts FS006 file visit:

Children with or without disabilities, educational services during expulsion.

Disability Status (IDEA)

An indication of whether children (students) are children with disabilities (IDEA).

Children with one or more disabilities (IDEA)

Children without disabilities

Educational Services

An indication of whether children (students) received educational services when removed from the regular school program for disciplinary reasons.

SERVNOTPROV

Received educational services

Did not receive educational services

Definition of Expulsion

An action taken by the local educational agency (LEA) removing a child from his/her regular school for disciplinary purposes for the remainder of the school year or longer in accordance with LEA policy.

This file specification is used to collect the unduplicated number of children (students) who were removed for disciplinary reasons from their regular school program for the remainder of the school year or longer, including all removals resulting from violations of the Gun-Free Schools Act (GFSA) of 1994. EDFacts FS144 is submitted for both the SEA level and LEA level.

Report students in grades k through 12 without disabilities and children with disabilities (idea), ages 3 through 21 as of the child count date who were expelled from their regular school for disciplinary purposes. seas submit the file with the disability status and provision of educational services., how are student counts reported by disability status(idea), students who meet the definition of children with disabilities (idea) in the ed facts workbook should be reported as disability status, except those students who were parentally placed in private schools. students who do not meet that definition should be reported as no disability status., which children with disabilities (idea) are required to receive educational services after being expelled from regular school, all children with disabilities (idea) must receive educational services during any removal of more than 10 school days., for full ed facts fs144 file visit:, data quality questions to consider, consider the following questions before submitting your ed facts files. states must submit ed facts files annually through the ed facts submission system (ess) on or before the first wednesday in november. go to ed.gov/edfacts for more detail about file due dates., did you report zeros in categories, applicable to your state, for which you took a count, did you report counts only in the categories the state uses, according to the information the state entered in the e maps idea state supplemental survey (sss-idea), do your category counts equal your subtotals and grand totals within each ed facts file, how do you support leas in consistently using discipline data definitions, including preschool discipline data definitions, how do you validate discipline data at the sea level how do you distinguish between outliers and invalid data, if your sea encounters an anomaly, what is your process for deciding how to count and report these discipline incidents, reporting idea discipline data.

Federal and state required public reporting

Part B Annual Performance Report (APR) Indicator 4 – Discipline measure of significant discrepancy

Component in your state’s determination of whether LEAs must reserve 15 percent of the IDEA federal allocations to implement Comprehensive Coordinated Early Intervening Services (CCEIS) due to significant disproportionality

Enhanced Pre-submission Edit Check Tool for IDEA 618 Part B Discipline Data

IDEA Data Quality: Outlier Analyses Tools

IDEA Part B Discipline Data Collection Questions and Answers

For full ED Facts system documentation, visit the U.S. Department of Education website.

Mar. 18-19 - VA via ZOOM

-->

& -->

Directories             Glossaries

Print this page

Discipline: Suspensions, Expulsions & IEPs by Robert K. Crabtree, Esq.

Your daughter's rights are governed by the 2004 amendments to IDEA concerning suspension or expulsion of children with special educational needs. (These provisions are found mostly at 20 U.S.C. § 1415(k) . The law states explicitly that a free appropriate public education ("FAPE") must be available to all children with disabilities, "including children with disabilities who have been suspended or expelled from school." (20 U.S.C. §1412(a)(1)(A)). Your daughter is certainly entitled under this law to continue to receive an appropriate education if she is suspended for any time beyond 10 days. See 34 CFR 300.530 in regard to "ten day" suspensions. Be sure to read the IDEA Regulations about discipline at 34 CFR 300.530-537.

Alternative Educational Settings There are certain behaviors for which a school system can change a student's placement to an "interim alternative educational setting" for up to 45 school days. This is so if the student carries a dangerous weapon to school or a school function, knowingly possesses, uses, sells or attempts to sell illegal drugs at school or at a school function, or has inflicted serious bodily injury upon another while at school or at a school function. (§1415(k)(1)(G))

A school department can also try to convince a hearing officer in your state's special education due process system to order an interim alternative educational placement for up to 45 days by proving that maintaining the child in her current placement "is substantially likely to result in injury to the child or to others." (§ 1415(k)(3)(A))

In either case, any alternative educational placement for up to 45 days under these provisions must provide FAPE. Accordingly it must be designed to "enable the child to continue to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP." (§ 1415(k)(1)(D)

The placement must also include services to address the behavior for which the student is being suspended in the first place. (A home tutoring program would not normally satisfy these requirements, though if the only alternative is a program for students with severe emotional / behavioral disabilities, sometimes a parent is faced with either accepting an inappropriate home-bound instruction program or placement in a volatile setting with an inappropriate peer group. If it is feasible to use the expedited hearing process, described below, it may be best to accept home tutoring while contesting the matter.)

The behavior of which your daughter has been accused does not fall into the categories that would allow the school system to move her to an alternative 45-day setting since there was apparently no dangerous weapon or drugs involved. While the school could try to convince a hearing officer that she represents a danger to herself or others, it would be unlikely to succeed. It is easy to think of steps the school system could take to "minimize the risk of harm in the child's current placement." Ordinary security measures in the halls, a peer mediation program, the assignment of an aide, and/or modifications to your daughter's IEP are some of the options that might be considered.

Long term Suspensions or Expulsions Most importantly, a school system cannot impose a long-term suspension or expel a student with special educational needs if the behavior for which s/he is being disciplined was a "manifestation" of his or her disability. (§1415(k)(4)(B),(C)) IDEA provides that the IEP team must find that behavior was a manifestation of the child's disability if:

• the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
• the conduct in question was the direct result of the local educational agency’s failure to implement the IEP.

If either of these circumstances applies, the IEP team must correct the IEP or its implementation and, except for the 45-day provisions I described earlier, the school cannot legally suspend the student beyond ten days . If the team finds that the behavior is not a manifestation of the child's disability, the school can suspend longer than ten days as it can a student without a disability, but must still provide ongoing education under his/her IEP during the suspension.

Functional Behavioral Assessment & Behavioral Intervention Plan

In addition to, or as part of, this review (and regardless whether the behavior is found to be a manifestation of the child's disability), the school system must conduct a "functional behavioral assessment" and develop or modify a behavioral intervention plan as necessary to address the behavior for which the student is being disciplined. (§ 1415(k)(1)(D)) What You Can Do

In your daughter's case, you will want to be sure that the IEP team evaluates the link between her language processing difficulties and her behavior in stressful circumstances with peers when she does not understand social cues or how to use words rather than physical aggression.

The school should also perform a behavioral assessment to see what strategies will help your daughter recognize and re-channel feelings of anger or frustration. She might benefit from a social skills group for students with similar language impairments. If so, that service should be added to her IEP.

Parents are entitled to an expedited hearing if they appeal either a finding that their child's behavior was not a manifestation of his/her disability or a placement decision made under the suspension/ expulsion provisions. (§ 1415(k)(4)) Unless the child is properly moved to a 45-day alternative placement, s/he is entitled to remain in the current educational placement. If s/he has been properly moved to an alternative placement, that is where s/he must remain until either the hearing officer orders a change or the assigned time period for the interim placement expires.

Student Rights

The rights I have discussed here apply to students who are already identified as having special educational needs. Importantly, the law also applies to students who the school system knew or should have known have disabilities. IDEA treats a school system as "knowing" about a disability for these purposes if:

• a parent expressed concern that his/her child needs special education (this must be in writing unless the parent is illiterate or unable to write because of a disability);
• a parent requested an evaluation of his/her child; or
• a teacher or other school employee has expressed concern about behavior or performance to other school staff. (§1415(k)(5)(B))

Also, even if the school system is not deemed to have "knowledge" of a disability, parents can request an evaluation when their child is being suspended or expelled, which must be expedited. (§ 1415(k)(5)(D) In that case, however, the child must remain in whatever placement is determined by the school pending the outcome of the evaluation.

Obviously, these provisions are very complex and the stakes are high. Moreover, the inter-relationship between these federal requirements and a state's own laws and regulations concerning student discipline will raise many questions. (For example, if a state tries to use a broader definition of "dangerous weapon" than applies under the provisions allowing 45 day interim placements, it may be held that the state's requirements must give way to the federal. It has been held that a state can adopt greater protections for children with special education needs, but not lesser. See David D. v. Dartmouth School Committee , 775 F.2d 411 (1st Cir. 1985), cert. denied, 475 U.S. 1140 (1986).

If your child is faced with long-term suspension or expulsion you should consult with an expert in special education law to be certain that her rights are protected and that the school system does not lose sight of your child's educational needs in its effort to enforce discipline.

Statute & Regulations : The complete text of the discipline statute, 20 USC Section 1415(k), can be found on pages 118-123 of Wrightslaw: Special Education Law, 2nd Edition ;  the complete text of the discipline regulations at 34 CFR Section 300.530-300.537 can be found at pages 264-268 of Wrightslaw: Special Education Law. 2nd Edition .

Caselaw : The complete text of the U. S. Supreme Court discipline case, Honig v. Doe , can be found on pages 369-381 of Wrightslaw: Special Education Law, 2nd Edition . Editor's Note : Mr. Crabtree wrote the original article soon after IDEA-97 was enacted. IDEA was re-authorized in 2004 and this article has been edited to reflect the current statute. The statute and regulations are difficult to read and understand. Many courts have taken different, sometimes opposite interpretations of a word or phrase in a particular statute or regulation. To understand this law in your state, get your state special education regulations and read the leading cases in your state and judicial circuit .

Meet Robert Crabtree Bob Crabtree is a partner at Kotin, Crabtree, and Strong, LLP , a general practice law firm in Boston, MA. Among other areas of practice, Bob concentrates in special education and disability law. This article was originally published by the Family Education site at www.familyeducation.com

Contact Info Robert K. Crabtree Kotin, Crabtree & Strong, LLP One Bowdoin Square Boston, MA 02114-2925 Phone: 617/227-7031 Facsimile: 617/367-2988 Email: [email protected] Website: www.kcslegal.com

-->

-->

-->

-->

We’re sorry, this feature is currently unavailable. We’re working to restore it. Please try again later.

• Our network

The Sydney Morning Herald

‘false choice’: the decision about schools that leaves parents with few options, by kayla olaya, save articles for later.

Add articles to your saved list and come back to them any time.

The NSW government must create a system across the public, independent and Catholic sectors to ensure more students with a disability can access mainstream schools and teachers are better equipped to meet the learning needs of all students, a parliamentary inquiry has found.

The findings of the inquiry into disability education also called for an increase in funding for distance education as data shows demand for places in the public system for children with disabilities has been steadily growing over the past decade.

Valentina Borbone and her daughter Angelique, who attends the support unit at Moss Vale High. Credit: James Brickwood

Accreditation of initial teacher education courses should also be expanded to ensure educators are better equipped to meet the learning needs of students with disability, particularly students with autism spectrum disorder, the inquiry found.

NSW Greens MP Abigail Boyd, who chaired the inquiry, said that disability education is a “false choice” for parents who must choose between an unfit mainstream setting, or a “segregated” setting.

“It is clear that the current education system in NSW is not working for people with disability ... Every child has the right to quality accessible education,” she said.

“Students with disability are increasingly being channelled into segregated schools and classes because our mainstream education system is not equipped to provide the necessary supports and resources that children with disability need.”

Demand for places in schools for children with special needs has risen more than 20 per cent over the past decade as the NSW Department of Education continues to add more classes and teachers despite some members of the disability royal commission recommending they be phased out.

Enrolments in SSPs have risen by 51.4 per cent in the past 20 years and, since 2005, the NSW Department of Education has hired more than 350 teachers to the SSPs and committed to opening 12 more classrooms this year.

The schools provide higher level support for students with intellectual disabilities, mental health, physical disabilities and behavioural issues. Some classes are also held at juvenile detention centres and children’s hospitals.

There are 206,000 students with disabilities in NSW public schools, and a majority of these students learn in a mainstream class environment.

Institute of Special Educators researcher Jennifer Stephenson said the sector was facing a lack of qualified teachers.

“The main issue is the lack of qualified teachers and the lack of interest by education systems to insist that those working in special education and support roles in both mainstream and special schools either have qualifications or must be enrolled in a special education course in order to work in such a role,” she said.

This year, the department increased the number of support classes by 243 across NSW to a total of 4500 – about a 10 per cent increase – and is to accommodate a further 1500 students with a disability.

One of those students is Angelique, the daughter of Valentina Borbone, who has attributed her daughter’s success to her support class in the mainstream Moss Vale High School.

“I think inclusion is absolutely essential,” Borbone said. “I think keeping the right frameworks in place, there’s very different needs in disability and the scale is enormous. You need the right people with the right education and training to be able to support the right kids, and each end of those scales.

“Angelica is in a beautiful placement. She’s in the best place for her, and that’s at Moss Vale High School. There is an excellent support unit there, and it’s exactly the right place she needs to be,” she said.

A spokesperson for the Department of Education said: “All students with disability have the right to access and fully participate in learning in a NSW public school.

“However, there is no one-size-fits-all model for improving outcomes and experiences for students with disability and their families.”

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter .

• Disability royal commission
• For subscribers

Most Viewed in National

Site search

6.3.4 suspension due process, suspension due process.

Suspension removes a student from their classroom and/or the school campus, and results in the student losing important academic time.  Students are urged to seek assistance and support from a staff member with whom they have a positive relationship, in order to avoid making a behavior choice that could result in a suspension being issued.  Staff are encouraged to intervene and provide support and/or a restorative process in order to assist the student(s) to deescalate behavior and resolve any conflicts or misbehavior that could result in suspension and/or referral for expulsion.

Jurisdiction for Suspension

(CA Education Code 48900(s))

No student shall be suspended or expelled for any of the acts enumerated above unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent or principal or occurring within any other school district. 

A student may be suspended or expelled for acts which are enumerated in CA Education Code 48900 and related to school activity or attendance which occur at any time, including but not limited to, any of the following:

• a.  While on school grounds.
• b. While going to or coming from school.
• c.  During the lunch period, whether on or off the campus.
• d. During, or while going to or coming from, a school sponsored activity.

Suspension by a Teacher/Required Due Process

(CA Education Code 48910)

Maximum Days of Suspension:

Any teacher or substitute teacher may suspend a student from their classroom for the day of suspension plus the following day for any of the acts described in CA Education Code 48900.

Parent/Guardian/Caregiver Conference

The teacher who issued the suspension shall immediately report the suspension to the principal of the school and send the student to the principal for appropriate action. The teacher shall ask the parent/guardian/caregiver of the student to attend a parent/guardian/caregiver-teacher conference regarding the suspension.

Classroom Visitation

A teacher may request, when reasonable, a parent/guardian/caregiver to attend the classroom from which their child was suspended by the teacher for offenses, which involve defiance, disruption, committing an obscene act, and/or engaging in habitual profanity or vulgarity.  If a teacher wishes to have the parent/guardian/caregiver visit the classroom, the principal shall send a written notice to the parent/guardian/caregiver stating that attendance by the parent/guardian/caregiver is pursuant to law (CA Education Code 48900.1).  This requirement shall apply only to a parent/guardian/caregiver who is actually living with the student.

The teacher shall ensure the principal or designee meets with the parent/guardian/caregiver after completing the classroom visitation and before leaving the school site.  The principal or designee shall contact parents/guardians/caregivers who do not respond to the teacher’s request to attend school.  The principal or designee shall follow procedures pursuant to this section.  (CA Education Code 48900.1)

Supports During In-School Suspension

Consistent in-school options must be available to students who have been suspended by a teacher, with appropriately credentialed intensive supervision, behavioral counseling, and completion of schoolwork as required by CA Education Code 48911.1.

Suspension by the Principal / Required Due Process

(CA Education Code 48911)

Maximum Days of Suspension: 

The duration of a suspension by the Principal is limited to 5 consecutive school days for any one incident, up to a maximum of 20 school days during the school year.  This limitation on the number of days of suspension does not apply when the suspension is extended pending an expulsion.

Informal Conference:  

Before suspending the student, the principal or designee shall have an informal conference with the student and when practicable, the teacher, supervisor, or school employee who referred the student to the principal.  At the informal conference, the student shall be informed of the reason for the disciplinary action and the evidence against him/her, and shall be given an opportunity to present their version and evidence in their defense.

Emergency Situation: 

A student may be suspended without a conference if the principal or designee determines that an emergency situation exists.  Emergency situation means a situation determined by the principal, the principal’s designee, or the superintendent, to constitute a clear and present danger to the life, safety, or health of students or school personnel. 

If a student is suspended without a conference prior to suspension, the student, the student's parent/guardian, or if the student is a foster youth, the foster youth's educational rights holder, attorney, and county social worker, or if the student is an Indian child, the Indian child's tribal social worker and, if applicable, county social worker,  shall be notified of the student’s right to such a conference, and the student’s right to return to school for the purpose of a conference. 

The conference shall be held within two school days, unless the student waives this right or is physically unable to attend for any reason including, but not limited to, incarceration or hospitalization.  The conference shall then be held as soon as the student is physically able to return to school for the conference.

Notice of Suspension:  

At the time of suspension, a school employee shall make a reasonable effort to contact  the student’s parent or guardian, or if the student is a foster youth, the foster youth's educational rights holder, attorney, and county social worker, or if the student is an Indian child, the Indian child's tribal social worker, and, if applicable, the county social worker, in person or by email or telephone.  If the parent/guardian/caregiver/representatives cannot be reached, the student is to remain on campus until the parent/guardian/caregiver/representatives are  contacted or to the end of the school day. 

Whenever a student is suspended from school, the parent or guardian or, if applicable, the foster youth's educational rights holder, attorney, and county social worker, or the Indian child's tribal social worker and, if applicable, the county social worker, shall be notified in writing of the suspension.

Re-Entry Conference:

Every student who is suspended from school shall receive a re-entry conference and an intervention plan to be developed with the student and guardian/parent(s) that shall include clear documented behavioral and academic expectations for the student, and any additional services or support that school staff will provide to assist the student in meeting those expectations.  If school officials request to meet with the parent/guardian, a foster youth's educational rights holder, attorney, and county social worker, or an Indian child's tribal social worker, and, if applicable, the county social worker, the notice may state that the law requires such individuals to respond to the request without delay. However, the student shall not be penalized for the failure of the parent/guardian, a foster youth's educational rights holder, attorney, and county social worker, or an Indian child's tribal social worker, and, if applicable, the county social worker, to attend such a conference. The student may not be denied reinstatement solely because such individuals failed to attend the conference , nor will it prevent the school and student from holding the conference or developing the intervention plan.  

Suspension Pending Expulsion: 

In a case where expulsion from any school is being processed, the Superintendent or designee may extend the duration of the suspension until the Board has rendered its final decision in the action. 

An extension of the suspension pending the Board’s decision regarding the expulsion may be granted only if the Superintendent or designee (Student and Family Services Division) has determined, following a meeting in which the student and the parent/guardian , or if the student is a foster child, the foster youth's educational rights holder, attorney, and county social worker, or an Indian child's tribal social worker, and, if applicable, the county social worker,  are invited to participate, that the presence of the student would cause a danger to persons or property or a threat of disrupting the instructional process.

Foster Youth:  The foster youth’s attorney and child welfare agency representative or homeless student’s liaison must be notified of the expulsion proceedings and invited to participate in the extension of suspension meeting.  (CA Education Code 48853.5, 48911). 

If the student involved is a homeless child or youth, the Superintendent or designee shall notify the district liaison for homeless students.  (Education Code 48918.1)

While pending expulsion, students may be given the option to complete Independent Study assigned by their home school site, or to enroll at Civic Center Secondary School (or another County program if this is determined to be a better match).

Homework/Assignments: 

The principal or designee shall ensure that the student's teacher provides the student with the homework that the student would otherwise have been assigned. If a homework assignment is requested and is turned in to the teacher by the student either upon the student's return from suspension or within the timeframe originally prescribed by the teacher, whichever is later, and is not graded before the end of the academic term, the homework assignment shall not be included in the calculation of the student's overall grade in the class. (CA Education Code 48913.5)

The teacher of any class from which a student is suspended may require the student to complete any assignments and tests missed during the suspension. (Education Code 48913)

The teacher of any class from which a student is suspended may require the suspended student to complete any assignments and tests missed during the suspension. (CA Education Code 48913)

Community Service: 

As part of or instead of disciplinary action, the principal of a school or designee may require that a student perform community service on school grounds or, with written permission of the parent or guardian of the student, off school grounds, during the student’s non-school hours.  It is advisable that this approach be combined with a Restorative Practices approach such as a conference in which the student and other affected members of the school community delineate the harm done, develop a plan to promote future positive behavior, and reintegration of the student into the school and classroom. 

“Community service” may include, but is not limited to, work performed in the community or on school grounds in the areas of outdoor beautification,  community or campus betterment, and teacher, peer, or youth assistance programs.  This section does not apply if a student has been suspended, pending expulsion, pursuant to Section 48915.

Parent/Guardian/Caregiver Request to Meet to Discuss a Student's Suspension

In accordance with CAState Education Code 48914, if a suspension is ordered by a principal pursuant to CA Education Code 48900, the parent/guardian/caregiver may request a meeting to discuss:

• The cause for suspension,
• The duration of the suspension,
• The school/district policy involved, and
• Other matters pertinent to the suspension.

Special Education Students:

Please refer to “Suspension and Expulsion Procedures for Special Education Students” in chapter 6.3.7 for additional rights.

This page was last updated on July 19, 2024

• Criminal justice
• Economy + workforce
• Election 2024

Hundreds of SC preschoolers suspended each year for offenses like hitting, spitting

Sc preschools suspend more students than any other state, according to federal data, by: skylar laird - august 20, 2024 3:00 pm.

Louise Johnson, head of the Department of Mental Health’s division for children and adolescents, talks during a Joint Citizens and Legislative Committee on Children on Tuesday, Aug. 20, 2024. (Screenshot of SCETV legislative livestream)

COLUMBIA — More than 900 children ages 3 and 4 were suspended from South Carolina preschools last school year for offenses such as hitting, spitting and disobeying their teachers, according to a report given Tuesday to a panel of lawmakers, agency heads and community members.

South Carolina suspends more pre-K students than any other state, according to the most recent federal data, University of South Carolina researchers told the Joint Citizens and Legislative Committee on Children.

Suspensions at any grade level, but especially as young as 3 or 4 years old, can have long-term consequences on how well a student does in school and even how likely they are to get arrested later in life, according to the U.S. Department of Education .

The latest federal data offering state-by-state comparisons comes from the 2017-2018 school year. It shows 438 preschoolers in public schools statewide were given at-home suspension at least once. That’s nearly twice as many as in Texas, which reported the next-highest number of preschoolers suspended at 262.

“If our default is suspension, that’s not good,” Senate Minority Leader Brad Hutto, D-Orangeburg, said during an April committee meeting.

The Palmetto State’s numbers have grown since then.

The state didn’t start tracking suspensions for 3- and 4-year-olds until 2016. Last school year marked an all-time high since. The numbers reflect suspensions at public schools only. They do not include preschoolers in state-funded 4K programs at private providers or federally funded Head Start programs.

School districts reported suspending 928 students during the 2023-2024 school year, compared to 812 the year before, according to department data. That represents 3.3% of the 27,500 preschoolers enrolled in 3- and 4-year-old classes when the school year started.

Whether the suspension is handled at school or the child is sent home — and for how long — depends on what happened and district policy. Last school year, 658 students received out-of-school suspensions, and 270 received in-school suspension, researchers said.

What in-school suspension looks like for a preschooler varies across school districts.

In most cases, a student is removed from the classroom for some period of time. Sometimes, the student must sit in a school administrator’s office or do their work in a different classroom. Other times, they’re asked to step outside or sit in the hallway until they calm down, districts said in response to a survey.

Students at any grade level who are expelled or suspended are up to 10 times more likely to drop out of school, have a hard time getting good grades or end up getting arrested later in life than their peers. Suspending a preschooler increases the likelihood they will face similar discipline in later grades, according to a U.S. Department of Education statement disavowing expulsions and suspensions for young children.

“A child’s early years set the trajectory for the relationships and successes they will experience for the rest of their lives, making it crucial that children’s earliest experiences truly foster — and never harm — their development,” the statement reads.

If a student is repeatedly taken out of the classroom, even for a brief amount of time, they can lose out on time during which they could be learning foundational skills, said Louise Johnson, who oversees the Department of Mental Health’s division for children and adolescents.

“If it’s habitual and they’re going somewhere on their own and supposed to keep up on their work, then that’s a problem, and I’ve seen that happen in some of the schools,” Johnson said.

Who’s getting suspended?

Preschoolers being suspended are most likely to be Black and male, the researchers said.

Last year, more than 60% of the children who received in-school or out-of-school suspensions were children of color, and 77% were boys, researchers found.

Students with some form of disability account for nearly a fifth of all suspensions over the past eight years the committee evaluated.

Children in a state-funded preschool are already considered “at risk.” It’s unclear how the suspension rates compare to the overall demographics.

To be eligible for state-funded pre-K, children must live in poverty, be in foster care, have a parent in prison, or have a disability, which can include developmental delays. However, some school districts use local tax dollars to expand who’s eligible for their pre-K programs.

Over the period of eight school years, 4,765 children received suspensions. A demographics breakdown:

• Male: 3,767; or 79%
• Female: 977
• Black: 2,484; or 52%
• White: 1,575
• Multi-race: 353
• Hispanic: 322
• Asian/Indian/Pacific Islander: 30
• Students with disabilities: 997; or 21%

Still, committee members said they worried that teachers might treat Black and male students more harshly than their counterparts. Plus, students being repeatedly disciplined are likely to be acting out because they have a problem at home, they said.

“We talk about the behavior of the children — what if the behavior isn’t really that bad but it’s the bias of the teacher?” said Michael Leach, Department of Social Services director. “I hate to say it, but it exists.”

‘Problem behaviors’

What qualifies a student for a suspension is up to school districts. In some cases, preschools reported suspending students for running, excessive noise, failing to complete classwork or leaving class, committee researchers found.

Because school districts report the reasons to the state, the severity of cases is unclear, researchers said.

Some students might genuinely be causing harm or difficulties for already-overburdened teachers, Hutto said during a previous meeting.

“I get it,” Hutto said. “If I’m a teacher and there’s one child that’s just keeping me from teaching the other 20, I’ve got to do something, right? I can’t just let one child run the show.

“But on the other hand,” he continued, “you move that one child out at this level, and you’re putting them on a course to eventually be right at (the Department of Social Services’) or (Department of Juvenile Justice’s) doorstep because we haven’t dealt with the problem as a 3- and 4-year-old.”

Some schools apply a universal code of conduct across grade levels. That means a high school senior and preschooler could face the same level of punishment for offenses like horseplay or disrupting class. High schoolers should know better than to roughhouse or interrupt class time, but that type of behavior is “par for the course” for a 3-year-old, said committee member Bronwyn McElveen.

For instance, she has 3-year-old and 6-year-old sons who sometimes get rowdy, but that doesn’t mean they’re acting out in a way that should get them suspended from school, she said.

“We get the comments, ‘Oh, they’re all boy,’ or, ‘They have a lot of spirit,’” McElveen said of her sons. “How that would be treated in a classroom might be different.”

In many cases, students receive more than one suspension each year. The 928 students suspended last year received more than 1,900 suspensions total, according to the data presented to the committee.

“I’ve gone into schools and said, ‘Why is this child always sitting outside the room, or always removed?’” Johnson said.

That suggests suspensions are not changing the children’s behavior, Sen. Mike Reichenbach said.

“Sounds like there’s a high degree of recidivism,” the Florence Republican said. “I’m not advocating against suspensions — if they work, then so be it — but how do we get (students) better instead of just suspending them and they do it again?”

Children that young likely don’t understand what a suspension really means, Hutto said. To some, it may even seem more like a reward than a punishment to be sent to a different room or home for a few days.

“Think about it: ‘Hey, if I act out, I can go home, I can watch TV,’” Hutto said. “I think I’m acting out.”

One solution could be requiring preschool teachers to take a course on how to deal with students acting out in class instead of sending them home, committee members said.

In a statewide survey, which 58 of 76 school districts completed, 31% said they already required training for teachers on handling challenging behavior in young children. Another 52% said they offered training but did not require it, while 10% said they had no training at all on that topic.

When asked what could help reduce preschool suspensions, districts suggested standardized training courses for teachers, help developing more age-appropriate codes of conduct or behavior specialists to work with students repeatedly causing problems.

Requiring standardized training on behavioral problems in 3- and 4-year-olds would be a relatively easy way to start reducing suspensions, said McElveen, who is also a deputy solicitor. That training could also teach educators how to avoid bias in their decisions and consider whether a child’s behavior is an indicator of a deeper problem, such as abuse at home, she added.

“For minimal cost, you could have a lot of bang for your buck on that,” McElveen said. “Bringing in a behavioral specialist would be ideal, but that would be a lot more cost-prohibitive, in my opinion.”

The state could also require districts to change their codes of conduct to use different methods of discipline for different age groups, committee members said. Several school districts reported that they were already reevaluating those policies or would be open to help from behavioral professionals in deciding what is age-appropriate and what’s not.

Beyond that, the committee will continue gathering more information and evaluating possible solutions to see what might work.

“There is no silver bullet,” Johnson said. “We’ll need a comprehensive approach in order to address these issues.”

GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Let us know what you think...

Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. AP and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics.

Skylar Laird

Skylar Laird covers the South Carolina Legislature and criminal justice issues. Originally from Missouri, she previously worked for The Post and Courier’s Columbia bureau.

SC Daily Gazette is part of States Newsroom , the nation’s largest state-focused nonprofit news organization.

Related News

• "If School Not Safe, No Point Of Right To Education": High Court On Thane Rape
• Kolkata Doctor Rape-Murder Case: CBI Submits Status Report In Supreme Court
• BMW F 900 GS, F 900 GS Adventure India Launch Confirmed; Bookings Open
• Here's How Pilates Can Help Improve Your Health
• Bengaluru Man Dies After Angry Driver Chases, Rams Bike. Incident On CCTV
• Change Font Size A A
• Change Language हिंदी | Hindi বাঙালি | Bengali தமிழ் | Tamil
• Focus on Story
• Dark Theme Light Theme

UGC Offers Free Entry To Students And Faculty At Amrit Udyan Till September 15

Hels are requested to extend the special invitation to all sports persons/faculties and teachers in delhi ncr..

University Grants Commission (UGC) has released a notification informing students, teachers and other stakeholders about the celebration of National Sports Day and Teachers Day at Rashtrapati Bhavan. As part of the celebration, the authorities have decided to host National Sports Day and Teachers Day at Rashtrapati Bhavan by offering exclusive and free entry to students, teachers and sports personalities on these days. 

An official notification on the website reads, "It is informed that the Hon'ble President has decided that August 29, 2024 will be celebrated as National Sports Day and September 5, 2024 as Teachers Day at Rashtrapati Bhavan, with Amrit Udyan being open exclusively for sports persons and teachers on respective days." 

Students and faculties will not be charged with any entry fee during this period. Interested candidates can make online booking for the visits on Rashtrapati Bhavan website and follow the 'Amrit Udyan' link in the 'Visit' tab. The online forms are hosted on the official website https://rashtrapatibhavan.gov.in

The UGC has asked the higher education institutions to share this information among the students, faculties and staff to ensure maximum visitation by students and faculties during this period. 

Further, HEls are also requested to extend the special invitation to all sports persons/faculties and teachers in Delhi NCR to visit Amrit Udyan on August 29, 2024 and September 5, 2024 respectively. Their entry will be provided with a valid Id card.

The 'Amrit Udyan' at Rashtrapati Bhawan will be open to the public for viewing summer annuals from August 16, 2024 to September 15, 2024, from 10 am to 6 pm, except on Mondays. The upcoming edition will introduce new features such as 'Bal Vatika,' Theme Garden, Nature's Classroom, ' and' Musical Fountain' for visitors to explore.

Track Education News , Exam updates , Campus , Study Abroad related news live on NDTV.com

• Notifications
• Web Stories
• TV Schedule
• Big Bonus REGISTER NOW
• मध्य प्रदेश