Category Archives: disability laws

What counts as a disciplinary removal?

Grunge black answer word round rubber seal stamp on white background IDEA requires schools to take certain steps when students with disabilities face a disciplinary change of placement. At that point, schools are required to hold a meeting to conduct a Manifestation Determination Review (MDR). The purpose of the MDR is to determine whether the behavior that the child is being disciplined for is caused by, or substantially related to their disability. If it is, the child returns to their current educational placement, a Functional Behavior Assessment is conducted, and a Positive Behavior Support Plan is either developed or revised.

Sometimes, the disciplinary change of placement is very clear. A decision was made to move the student to an alternative school, give them a long-term suspension, or restrict them to homebound services.

An unofficial change of placement occurs when students have missed more than 10 days of school due to disciplinary removals. Most schools do a good job of documenting out-of-school suspensions. However, many schools do not keep an accurate count of the days when students are sent home early, given in-school suspension (ISS), or forced to sit in someone’s office for hours at a time because of their behavior. In each of these situations, students are removed from their normal educational placement for disciplinary reasons. When these shorter removals happen again and again, they can eventually add up to a disciplinary change of placement.

Principal school. Parents kids teacher meeting in office. Unhappy mom, son talk with angry principal. School educationParents should keep track of the number of times that they are called to pick up their child from school early because of behavior. Be sure to note the time of day. Ask your child to tell you when they are sent to the office or ISS. When the total removal time reaches the equivalent of more than 10 days, ask for a Manifestation Determination Review.

The MDR requirement exists so that students are not repeatedly punished for having a disability. Instead, schools are supposed to look for better ways to support each student and help them develop the skills needed to function more successfully. Learning appropriate ways to get needs met is critical to long-term success in school and in life. Frequent undocumented removals also cause students to miss valuable instructional time, which places them at an increased risk of falling behind academically.

Poor record keeping is not an excuse to deny students the behavioral support and instruction that many of them need to receive a free appropriate public education.

Be informed before giving consent

cheerful young brunette business woman customer inviting to sign contract

When it comes to special education, there are several points at which parent consent is required before things can move forward. Some school teams do a better job than others at making sure that parents fully understand the documents that they are asked to sign and what they mean for their child. Before you sign anything, make sure that you have all of the information you need to make a good decision. You have a right to have this information provided to you in a way that you can understand. This could mean using an interpreter or having documents translated into your primary language.

Evaluation:

Parent consent is required before schools can do any testing on a child that goes beyond what they normally do with all students. When a child is being evaluated for special education, the Consent for Evaluation form should list every area that the evaluation will include, such as Psychological, Educational, Motor or Speech-Language. Each of those areas can involve a variety of assessments. Parents have a right to more details about their child’s evaluation.  For example, will the psychological evaluation include social-emotional/behavior and/or intellectual assessments? Will the motor evaluation focus on fine or gross (large) motor skills, or both? Will the educational evaluation only look at the academic skill area where there is the greatest concern, or will it assess all of the basic skill areas so that academic strengths can also be documented and other possible weaknesses identified? It is better to ask questions before giving your permission, than be surprised or disappointed after the evaluation is completed.

Release of Information:

Sometimes parents are asked to give permission for schools to get information from professionals who work with your child outside of school. Make sure that you read any release form carefully so that you know what kind of information is being shared and under what conditions. Sometimes the school may only need to have your child’s doctor complete a form, or to get a written evaluation report from a private psychologist. There may be other situations where the school nurse may want to be able to talk to a medical provider to clarify details about the child’s healthcare needs while at school. A good guideline is to make sure that the school is able to get the information that is needed to serve your child, while still protecting your right to privacy.

Consent for Special Education Services:

Schools cannot provide special education services to a child without parent consent. Parents are only asked to give written consent for special education services one time unless the child moves into another school system. That one consent form gives permission for the school system to provide the services and supports on the child’s IEPs for as long as they continue to be eligible for special education. Parents do not have to consent to each separate service. In fact, parents cannot pick and choose which services they are willing to accept. They must work with other members of the IEP to create an educational program that is appropriate for their child. If necessary, there are many ways to try to resolve special education disagreements.

Providing consent is a choice. The very fact that you are asked to provide permission for something means that you have the option of saying “yes” or “no.” You also have the option of revoking, or cancelling, your consent if you change your mind later. However, you should make sure that you understand what will happen if you revoke your consent and what it could mean for your child. It is best to become as informed as possible before making any major decision about your child. Their education is no exception.

FAQ: Private Schools and Students with Disabilities

questions-and-answersQ: What are private schools required to do in order to serve students with disabilities?

A:  Unlike public schools, private schools (K-12) are not required to follow federal and state special education laws. If parents make a decision on their own to enroll their child in a private school, they should understand that the school has a lot of power to decide how much they are willing to do in order to serve that child. This is true whether the child has a disability or not.

Private schools do have to comply with the Americans with Disabilities Act (ADA). The ADA requires basic access to a private school’s buildings and programs. Students cannot be discriminated against, treated unequally, or isolated because of their disability. Private schools can set admission requirements, but they cannot intentionally screen out applicants with disabilities who are otherwise qualified to attend.

Private schools must make “reasonable modifications” to policies, practices and procedures to provide equal access. They are required to provide aids and services to allow people with vision, hearing or speech impairments to communicate effectively. Private schools are not required to provide modifications, accommodations, aids or services that would create an excessive burden for them. When deciding exactly how to meet the needs of a student, parent or employee with a disability, factors can be considered such as how the cost of the aid or service compares to the overall resources available to the school. If resources are very limited, a school can choose less expensive options.

Private schools do not have to provide special education instruction or services like speech, occupational or physical therapy.

Private schools do not have to fundamentally alter their program in order to accommodate a student’s disability. For example, a school that has an identity based on having an advanced curriculum can remove a student who was working well below grade level. A school that focuses on hands-on learning in the natural outdoor environment can refuse to serve a student who is extremely fearful of most animals and insects.

We are often asked about what private schools are required to do by law. However, there are many private schools that voluntarily go beyond the minimum requirements. Some offer extra academic instruction for struggling students. Some will try hard to work with a student who has behavior challenges. If your child has a disability and you are thinking about private school, you should look at more than test scores or college acceptance rates. Ask if they offer additional support for students who need it. Pay attention to body language and other clues when you speak with school staff. Those may tell you a lot about how willing the school is to make an extra effort to help all of their students succeed.