If the IEP team determines that the behavior was a manifestation of the student’s disability, either because the behavior was related to the student’s disability or because the behavior was the direct result of the school’s failure to implement to student’s IEP, then the student cannot be suspended or expelled barring special circumstances.1 Instead, the student must be immediately returned to the placement from which he/she was removed.2 However, parents and the school can agree to a change of placement even if the behavior was a manifestation.3
Additionally, the IEP team must conduct a Functional Behavioral Assessment (“FBA”) and create a Behavioral Intervention Plan (“BIP”) to address the behavior at issue.4 If the student already has a BIP, the school must review and modify it to address how the school can better assist the student with the conduct at issue.5 If the behavior was a direct result of the school’s failure to implement the IEP, then the school must take steps to ensure that the identified deficiencies are remedied immediately.6
If the IEP team determines that the behavior was not a manifestation of the student’s disability, then the student may be subject to the same disciplinary consequences as any other student.7 Practically speaking, this means that the disciplinary decision (i.e., the suspension or expulsion) stands. Note that the student is still entitled to the procedural due process that protects all students (e.g., notice, opportunity to be heard, expulsion hearing).8 However, even though the student may be removed to an alternative setting, the school is still required to provide the student with FAPE.9 The school must also conduct a FBA and provide behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.10
- 1On these special circumstances, see Section 8.5.6.
- 2La. Bulletin 1706 § 530(F).
- 3Id. It is important to note here that while sometimes a change in placement may be the outcome that the parent is seeking as the best option for the child, this option is not always posed fairly to parents, and they may feel coerced by the school into agreeing to a change in placement.
- 4Id. For a more complete discussion of FBAs and BIPs, see Section 8.5.5.
- 5La. Bulletin 1706 § 530(F).
- 6Id. § 530(E).
- 7Id. § 530(C).
- 8For more information about these protections, see Section 8.2.
- 9La. Bulletin 1706 § 530(D).
- 10Id.