If the conduct was a manifestation (part of) of the student’s disabilities, THE RULES ARE DIFFERENT.
Within 10 school days of any decision to change placement of a child with a disability because of a violation of code of conduct, the local educational agency (LEA), parent and relevant members of the IEP team (determined by parent and LEA) shall review all relevant information in the student’s file, including IEP, teacher observation, and any relevant information provided by the parents to determine if the action or conduct was a manifestation of the student’s disability.
The conduct IS a manifestation of the student’s disability, IF:
1. The conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability; OR
2. The conduct in question a direct result of the school’s failure to implement the IEP.
When Conduct is a Manifestation, the following must occur:
1. A Functional Behavioral Assessment (FBA) must be conducted,
2. A Positive Behavioral Intervention Plan (PBIP) must be implemented, and
3. The Student must return to his/her current placement (unless the parent and school district agree otherwise as part of the modification of the PBIP.)
The Conduct is Not a Manifestation of the student’s disability:
1. School may discipline student in the same manner and for the same duration as a student without disabilities.
2. Educational and related services must still be provided.
3. Student is still entitled to a free and appropriate public education.