IDEA regulations encourage positive behavioral intervention and support for students with disabilities. In 1997, amendments were made to the Individuals with Disabilities Education Act to ensure that students with disabilities had IEP’s that addressed behavioral issues which prevented them from reaping the benefit of learning opportunities, and to also ensure that they were treated fairly for behavioral issues. The changes included considerations of safety issues when a student poses a threat to him or herself and/or others. The changes allow for a range of actions from alternative placement and IEP modifications, to removal by hearing.
Schools have a responsibility to provide a safe environment for all students. If there is a safety violation, schools have the right to remove students if deemed appropriate to do so based on code of conduct and safety rules. However, because students with disabilities have difficulties learning, they have the right to continued, free and appropriate public education, regardless of their behavior. The responsibility also lies with the school to ensure that all students are aware of and understand the code of discipline in practice at the school. Students cannot be held accountable for conduct they do not understand.
IEP’s play in integral role in
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The typical process and rules around removing a student with a disability is different from those for non-disabled students. Written notification to parents of the violation is required and an emergency IEP meeting is required within 10 calendar days to assess the situation and make appropriate changes to the plan. When the behavior in question is m=not already a part of the student’s IEP. It is required by law that a functional behavioral assessment be completed in order to determine the most suitable