Students with disabilities are presently suspended at much higher rates than other students in school districts across Texas and nationwide.
In 2014, Jim Comstock-Galagan, Executive Director of the former Southern Disability Law Center completed a Resource Manual that addresses legal strategies under the Individuals with Disabilities Education Act (IDEA) as well effective educational practices for preventing the suspension of students with disabilities.
https://www.wrightslaw.com/info/disc.SDLC.res.manual.galagan.pdf
Although there are a few references to Texas’ SPED regulations, the Manual predominately focuses on creative uses of IDEA’s provisions to prevent the suspension of students with disabilities…. and also ways to ensure that appropriate FBA are conducted and effective BIPs are developed\implemented with an emphasis on Positive Behavioral Interventions and Supports (PBIS).
The Manual addresses
- Related Services – the types of services that can be obtained under IDEA’s definitions of social work, counseling, psychological services; the need for measurable and annual related services goals in a student’s IEP; the circumstances under which increases in related services should be sought; and strategies for securing increases;
- Strategies for obtaining Functional Behavioral Assessments (FBAs) and Behavior Intervention Plans (BIPs) which include Positive Behavioral Interventions and Supports (PBIS). These strategies include using several different IDEA provisions that do not specifically mention FBAs or BIPs but can be used to obtain FBAs\BIPs ( e.g. initial evaluations; reevaluations; peer reviewed research; supplementary aids and services; supports for school personnel)
- Strategies for obtaining Supplementary Aids and Services that are geared toward students with behavioral challenges. These services include check‐in, check‐out with a social worker; circles of friends; classroom companion; peer buddy outside of class; peer tutors; behavior aid; FBAs, and BIPs;
- IDEA’s requirement to review and revise students IEPs when they are not making academic and/or behavioral progress (and strategies for using this provision to increase related services, supplementary aids\services, and\or provide other behavioral supports including a FBA and BIP);
- Students right to receive direct educational services and related services (NOT home‐work packets) whenever they are removed via suspensions\expulsion for more than 10 school days annually. Requiring school districts to provide direct educational and related services can serve as a deterrent to suspending students;
- A student’s right to a Manifestation Determination Review (MDR), the legal standard for the MDR, the individuals required to make the decision, the student records that must be reviewed in making the decision and strategies for obtaining accurate MDR decisions.
SDLC’s Resource Manual also addresses effective educational practices including detailed discussions of related services; the essential elements of quality Functional Behavioral Assessments (FBAs); and the essential elements of effective Behavior Intervention Plans (BIPs) including the use of PBIS.
The Manual also includes a number of practical tools called Protocols that can be used as checklists to ensure that related services, FBAs and BIPs include the various criteria and essential elements discussed in the effective educational practices sections of the Manual.
What if your daughter has a 504 for extreme depression, anxiety, has ADD, and Dyslexia. Her currrent disabilities have manifested into a much worse condition and in a sever state of depression and anxiety. Medication doeses have been increased by the psychotheripist as well as meetings, they have added in another level of therapy counceling that is now twice weekly on top of that so battle the suicidal state. She recently picked up a vape from our parking lot and took it into the school, and a kid took it out of her back pack to throw in the trash as he knew she is suffering, but others saw and reported it. They are now sending them to a DAEP off site school for 15 days. My daughter has a 504 that allows her to have frequent bathroom breaks and water due to her anxiety, and walks around to help self calm.
This is not allowed in the DAEP. She is not allowed to leave or be late to the DAEP or they tack on an additional day to each day she is gone, and she has twice weekly therapy plus bi-weekly with the psychotheripist. That one I can reschedule till after school day but the therapy I can not as it took forever to find the person who covers all the items she needs and covered by our insurance, and was on a wait list. My daughter is in a suicidal depression and should have never been sent to DAEP as to get her out of this depression she needs to be around other kids, isolation makes it worse. I understand she did something wrong and I am all for consequances and would back community service (which they did give her 30 hours), but they have isolated her from athletics till end of January 2025 doesnt return from DAEP until after Dec 6, 2024 and that is only if she doesnt miss any days for therapy which she will as she cant miss the therapy.
The school nows that this is a manifestation from my daughters depression and anxiety in which she already has within her 504 (along with dyslexia and ADD) . They know she has been battling this suicidal state for a month now, and yet knowing this they didnt blink an eye when saying it was state required she be sent to DAEP, like mental health doesnt matter or effect anything when we all know it very well does.
I am not sure who to reach out to or how to go about this, but her 504 will not be accomodated while in DAEP, abd by the time she starts, she will e out of her 504 instruction 4 days.
Kandis, You do not say what state you are in, but I suggest you contact the federally funded parent training and information center for your state. They can tell you what state, & federal rules require the school to do. The 504 plan should be followed in the DAEP. You can also look at the district policy on discipling students with a disability. https://www.parentcenterhub.org/find-your-center/
My 13 yr old son has Tourette Syndrome, OCD, & sever ADHD. most of his 6th grade being teased by another student, his friend came to his defense and was given ISS. 7th grade the Bully continued not only calling my son the same name but made songs up about his penis size. I reported these issues to the school and ISS was handed out as a solution, the taunting and terrorizing of my child worsened i reported bruises on both shins to his teacher, she asked that i double check with my son because they had attempted moving seats to moving to different homeroom. My son had a episodic rage on social media over Spring Break on the bully after being called the same name again, the MD determined his disabilty Not to be an influence so expelled my son for a zero tolerance.
Please someone help me answer my questions. is okay to leave my now 7 year old daughter in a secluded room for lunch and recess detention without a adult in there twice. second time I went during her detention because I didn’t believe her. she wasn’t lying. she was in there office twirling backwards in there chair no adult in Sight and you can’t see beyond the brick walls. she has since been out of control more and at that time received 19 bus write ups and one written insubordination. the school never got back to me saying they couldn’t go that back into the cameras help !!!
Your state parent training and information project can assist you. http://www.parentcenterhub.org/find-your-center
My son has an IEP. He was written up 14 times in a period of about 2 months or so of the beginning of the school year. He had 2-3 ISS and 2 OSS. This all took place after his principal and I had a few words a week after school started. For minor infractions he got written up for.Because he was being picked on or bullied by another student or a couple of other students and took up for himself. He would tell the teacher but they said he was tattling, do nothing about it. We did have an IEP meeting they said they could not afford another aid. Little did I know it was in his IEP to have a scribe. When addressing the issue of him being picked on or bullied. One particular teacher said it had to be done by a couple students on one or more occasions. We have since moved. My son has been in residential treatment for over 2 mnths and is just now getting to come home tomorrow. Do you have any advice for this school year???? HELP PLEASE!!!
Your state parent training and information project can assist you. http://www.parentcenterhub.org/find-your-center
If a student is suspended per OSS and ISS, what are they obligations of the school district to provide the suspended student instructional time. The question is posed whether the suspension involves just OSS, or ISS, or a combination of both? Thank you!
In general if the OSS or ISS results in 10 consecutive, or accumulative days of missed special ed services, the school must provide educational instruction in some location. Check this website for resources on the disciplinary rules.
If the student is suspended for behavioral conduct and the school failed to call an emergency IEP/BIP meeting to revise student IEP and BIP, possible request to conduct a FBA when behaviors increased daily for this setting and strategies have failed with no attempt to increase related services, supplementary aids\services, and\or provide other behavioral supports including getting an Adult Support which is noted in the supplementary aids/services of the IEP, how can the suspension be overturned and removed from the child’s school records?
If the student is suspended for behavioral conduct and the school failed to call an emergency IEP/BIP meeting to revise student IEP and BIP, possible request to conduct a FBA when behaviors increased daily for this setting and strategies have failed with no attempt to increase related services, supplementary aids\services, and\or provide other behavioral supports including getting an Adult Support which is noted in the supplementary aids/services of the IEP, how can the suspension be overturned and removed from the child’s school records?
Do the IDEA laws apply to special education students in a non-public school? If not, what and where is the law for special ed students in non-public setting?
Ronni: Are you asking about children whose parents place them in private schools? These children are not entitled to IEPs.
However, the Child Find Mandate requires all school districts to identify, locate and evaluate all children with disabilities, regardless of the severity of their disabilities. This obligation to identify all children who may need special education services exists even if the school is not providing special education services to the child. https://www.wrightslaw.com/info/child.find.index.htm
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. Nothing prevents a private school from developing a plan for your daughter that includes the accommodations and/or modifications she needs in her education.
This article by the Office of Civil Rights will help you understand Section 504: https://www2.ed.gov/about/offices/list/ocr/504faq.html
If you go to the Wrightslaw site, you’ll see (on left side of every page) a long list of topics. One topic is Section 504 and Discrimination – you’ll find dozens of articles that will help you learn:
https://www.wrightslaw.com/info/sec504.index.htm
You need to develop expertise about your child’s rights and how to effectively advocate for her. We have a blog where people post questions. You may find answers to some of your questions here: https://www.wrightslaw.com/blog/home/
https://www.wrightslaw.com/blog/category/section-504/
You may also want to use the search box on any Wrightslaw page – search terms – “private schools” “charter schools” “non-public schools”
It appears you have misunderstood what I am asking. My child has an IEP not a 504. I am a very strong, dedicated advocate for my son as I have nearly wrote his IEP and BIPs due to the inexperience staff of the public school systems and receive much praise. It can be intimidating because I speak the same lingo of the school staff and well versed in IEPs etc. I want to know if IDEA applies to non-public schools when a student is placed there via an IEP team meeting and all have agreed this is the correct placement for the student. I am not familiar with the law as it relates to non-public schools and IDEA. Is it the same or is the law different?
Section 300.145 of the IDEA regulations address such placements by public agencies.
How does this apply for student’s who only have a 504 plan?
Thanks for sharing this valuable resource!!