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school discipline Archives

How to Use FBA and BIP Information

The most important thing to understand about the relationship between FBAs and BIPs is that the findings of the FBA must ultimately be the foundation for the recommendations of the BIP.  The FBA exists to identify why the child is acting the way he or she is, while the BIP considers the information that the FBA has gathered and then uses it to develop the best plan going forward. 

Functional Behavior Assessments and Behavior Intervention Plans for Special Education Students

As a general rule, special education students have to be kept in their regular placement as determined in their Individualized Education Program (IEP).  However, at times special education students will misbehave and may be disciplined by removal from that regular placement.  In fact, research shows that special education students generally tend to get disciplined more often than their general education peers, and also that the discipline for them may often be longer and more severe.  Luckily, however, the law does offer protections for special education students, but parents have to use the law properly.  

Part 1: Handling Disagreements on Placements of Kids with IEPs

With respect to students on an IEP who are being disciplined, sometimes disagreements will arise between the child's parents, who believe that the problem behavior is a manifestation of the student's disability or a school's failure to properly implement the IEP, and the rest of the IEP team, who believe this not to be the case.  If this happens, it is a serious problem, and the school district is going to have to make some very important decisions.  Things for the district can turn very messy very quickly - not to mention very expensive - if there is a determined parent, and the district must make a decision as to whether it wants to have this fight or wants to work out some kind of a compromise with the parent. 

My Child is on an IEP and has been Suspended. What do I do?

First off, don't think that you're powerless.  Regardless of what the school may tell you, if your son or daughter has an IEP and has been suspended or is facing expulsion, you have a great deal of control over what happens next.  

Students Facing Discipline Potentially Could be Protected by Special Education Laws

Under the Individuals with Disabilities Education Act (IDEA), if a student who has not been identified as requiring an Individualized Education Program (IEP) is facing removal from the regular educational setting - i.e., expulsion or an extended suspension - but a parent nevertheless believes the student may have a disability, the parent may request a special education evaluation.  This is a situation that occasionally will arise.

Special Education Students Must Receive Services During Disciplinary Removal

Under th Individuals with Disabilities Education Act, students on an IEP must continue to receive education services when they are removed from their regulation education setting.  Normally the removal is through suspension or expulsion.  While the student is in removal, he or she may be placed into an interim alternative education setting (IAES).  But wherever that student is, the IEP still must be followed.  This means that, even during removal, a student must continue to receive services while they're out of school.

School Safety 2 -- School Violence Reporting

Many of you may have seen the following report on the Denver Post / Denver 7News on on May 19, 2014: http://www.thedenverchannel.com/news/call7-investigators/7news-denver-post-investigation-finds-school-violence-reporting-lacks-oversight-accountability.  The story focused on how many Colorado school districts inaccurately report the number of assaults and fights that they have. There is a great deal of accuracy to this claim.  

Kishinevsky & Raykin, Attorneys at Law
2851 South Parker Road, Suite 150
Aurora, CO 80014-2722

Phone: 720-863-4256
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