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Family Guide to Discipline for Students with Disabilities

← HCPSS Student Code of Conduct

Transcript

The Howard County Public School System (HCPSS) is committed to providing a safe, engaging and supportive learning environment in which all policies are enforced equitably. To support this work, the HCPSS Student Code of Conduct provides a framework for behavioral goals and disciplinary policies. The purpose of this video is to provide additional guidance to families regarding discipline for students who receive special education services, have a 504 plan or have a behavior intervention plan (BIP).

As a parent, you may be wondering what you should do if you find out your child, who has an IEP, 504 or BIP has received an Office Disciplinary Report (ODR) or has been suspended?

When families review a behavior incident that violates the Student Code of Conduct involving a student with an IEP, Behavior Intervention Plan (BIP) and/or 504, they may wish to ask the administrator, IEP team and/or 504 team the following questions:

For students with an IEP:

  • Was the school team able to implement the IEP as intended?
  • Do we know what occurred before, during, after the incident?
  • Has the incident been processed with my child? If so, who was present and how was it processed?

For students with a BIP:

  • Is the behavior included on the Behavior Intervention Plan?
  • If so, were the preventative and responsive strategies on the BIP implemented as intended?
  • Do we know what occurred before, during, after the incident?
  • Has the incident been processed with my child? If so, who was present and how was it processed?

For students with a 504 plan:

  • Was the school team able to implement the 504 as intended?
  • Do we know what occurred before, during, after the incident?
  • Has the incident been processed with my child? If so, who was present and how was it processed?

The following should always be considered by the IEP Team, 504 Team and/or staff supporting the BIP:

After determining the root cause of the behavior, are there any changes that need to be made to the student’s IEP, 504 or BIP to

  1. address unmet needs or lagging skills, and
  2. avoid future incidents that may result in discipline

If the student does not currently have a BIP, the team should discuss if a Functional Behavior Assessment (FBA) should be conducted to determine if a BIP is needed.

If your child has an IEP or 504, can they be suspended?

A student with a disability who has an IEP or 504 (or a student with a suspected disability in the IEP or 504 process) can be suspended for up to 10 school days each school year regardless of if it is a manifestation of the disability.

This means the violation of student code of conduct may or may not be related to the student’s identified disability.

What if a student with an IEP or 504 plan is suspended for more than 10 days or the total number of days suspended to date is 10 days?

If a student with a disability has an incident that, according to the Student Code of Conduct, could warrant a suspension beyond 10 school days, or the student has had multiple suspensions that are now reaching a total beyond 10 school days, the IEP team must hold a Manifestation meeting.

Manifestation Meeting

The IEP or 504 team will conduct a Manifestation Meeting to determine if the behavior is a direct and substantial result of the student’s disability.

  • If the behavior leading to the suspension is a manifestation of the student’s disability, the student cannot be suspended beyond 10 school days.
  • If the behavior leading to the suspension is NOT a manifestation of the student’s disability, the student can be suspended more than 10 school days, however the HCPSS must provide educational services during the length of the suspension.

Parents of students with an IEP can reference the Parental Rights: Maryland Procedural Safeguards Notice page 16-22 for more information and parents of students with a 504 can reference the HCPSS Section 504 Parental Rights Form for more information.

If you have additional questions and your child has an IEP, you can reach out to

  • Your child’s case manager;
  • Your school’s Special Education Instructional Team Leader; or
  • The Department of Special Education Instructional Facilitator assigned to your school

If If you have additional questions and your child has a 504, you can reach out to

  • Your child’s case manager;
  • Your school’s Administrative Building Coordinator; or
  • Robin Luongo, the Section 504 Coordinator, at Robin_Luongo@hcpss.org

We hope this information provides students and families with a better understanding of the processes that will take place in each of our schools when a violation of the student code of conduct occurs for a student receiving special education services or a student with a 504 plan.