Discipline Procedures for Students with Disabilities

School Board of the City of Virginia Beach Regulation 5-21.3

Overview

A Free Appropriate Public Education (FAPE) must be made available to all children with disabilities aged three to twenty-one residing within its district’s boundaries who have not received a high school diploma, including children with disabilities who have been suspended or expelled for more than ten school days in a school year. Students with disabilities are entitled to all the same due process protections as students who do not have disabilities and have additional protections under federal law, Individuals with Disabilities Education Act (IDEA), and Americans with Disabilities Act (ADA), and state law, Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

Considerations

Prior to administering disciplinary action that would result in a change in placement (disciplinary removal for more than ten days, consecutive or cumulative), particularly if the student had more than one disciplinary referral during the school year, the school administrator should:

• Review eligibility documents regarding effect of the disability;
• Review the IEP/Section 504 Plan for behavioral supports and implementation;
• Identify if the team met to review student’s instructional needs;
• Determine if the team considered and proposed a Functional Behavior Assessment (FBA) and/or Behavioral Intervention Plan (BIP) and/or revision;
• Consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a student with a disability who violates a Code of Student Conduct;
• Contact the Special Education Coordinator/Section 504 Instructional Specialist; and,
• Schedule a Manifestation Determination Review and IEP meeting.

Building administrators should consider options to continue to provide IEP/Section 504 accommodations, supports, and services so that students have access to their educational programming during removals from the classroom. Benefits to providing educational programming in these instances ensure that students do not fall behind in coursework and offer the opportunity for students to acquire skills necessary to modify behavior upon return to school.

Removals

A short-term removal is for a period of time of up to ten consecutive school days or for ten cumulative school days in a school year and does not constitute a pattern or change of placement.

A long-term removal (change in placement) is for more than ten consecutive days, or if there has been a series of short-term suspensions totaling more than ten days that form a pattern of behavior:

1. Because the removals cumulate to more than ten school days in a school year;
2. Because the child's behavior is substantially similar to the child's behavior in previous incidents that results in a series of removals; and
3. Because of such additional factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another.

Manifestation Determination Review – IDEA

If a student with a disability is removed for more than ten school days, consecutive or cumulative, due to a disciplinary infraction, it is considered a long-term removal or change in placement, and a Manifestation Determination Review (MDR) must be conducted. Within ten (10) school days after the decision to take disciplinary action is made, the manifestation determination review meeting must be held unless the conditions for an expedited meeting exist. The manifestation determination team works toward consensus of the participants not a majority vote on the final manifestation determination decision. The special education coordinator is the Local Educational Agency (LEA) representative for the meeting and makes the final decision if consensus cannot be reached. The participants must consider: the behavior subject to the disciplinary action; all relevant information including evaluations and diagnostic results: information supplied by the parent; observations of the student; and the student’s current IEP and placement. Parents who disagree with the decision made by a manifestation determination review team may exercise their right to request an expedited due process hearing which must be filed simultaneously with the school division and the Virginia Department of Education.

Section 504

For questions regarding students eligible under Section 504, contact the Section 504 instructional specialist assigned to the school or contact the Office of Student Support Services at (757) 263-1980.

It is important to consider the U.S. Department of Education Office of Civil Rights July 2022 Guidance on Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 when making disciplinary decisions.

IDEA

For questions regarding students eligible under IDEA, contact the Special Education Coordinator assigned to the school or contact the Office of Programs for Exceptional Children at (757) 263-2400. Parents/legal guardians may also contact the Parent Support and Information Center at (757) 263-2066.