Texas Disciplinary Procedures for Students with Disabilities
- Raymond David
- Aug 1, 2024
- 2 min read
In Texas, disciplinary procedures for students with disabilities are governed by federal and state laws, including the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. These guidelines ensure that disciplinary actions are fair and consider the student's disabilities.
Key Components of Disciplinary Procedures:
Manifestation Determination:
When a student with a disability is subject to disciplinary actions that change their placement for more than 10 consecutive school days, the school must conduct a "manifestation determination." This process assesses whether the student's behavior was directly related to their disability or a result of the school's failure to implement the IEP. If the behavior is found to be a manifestation of the disability, the school cannot proceed with the same disciplinary actions as it would for students without disabilities (Texas Education Agency) (TEA SPED Support).
Provision of Services: Even during periods of disciplinary removal, such as suspension or expulsion, schools are required to continue providing educational services to ensure the student can continue to participate in the general education curriculum and progress toward meeting their IEP goals. This provision is part of ensuring a Free Appropriate Public Education (FAPE) is maintained (Texas Education Agency).
Behavioral Interventions: Schools are encouraged to use positive behavioral interventions and supports (PBIS) to address and correct inappropriate behaviors. This approach includes developing Behavioral Intervention Plans (BIPs) as part of the student's IEP if needed. The BIP outlines specific strategies to improve behavior and may involve training for school staff and adjustments in teaching strategies (Texas Education Agency) (Texas Education Agency).
Disciplinary Changes in Placement: For significant infractions, such as those involving drugs, weapons, or causing serious bodily injury, a student may be placed in an interim alternative educational setting (IAES) for up to 45 school days, regardless of whether the behavior was a manifestation of the disability. During this time, the student must still receive educational services as outlined above (TEA SPED Support).
Parental Rights and Involvement: Parents are entitled to be involved in all decisions regarding their child's disciplinary actions. They have the right to be informed of the actions taken, participate in manifestation determination meetings, and access due process procedures if they disagree with the school's decisions (Texas Education Agency) (Texas Education Agency).
These procedures are designed to balance maintaining a safe and orderly school environment with protecting the rights of students with disabilities. Schools must carefully follow these guidelines to ensure that disciplinary actions are fair and appropriate for each student's circumstances. For more detailed information, you can visit the Texas Education Agency's Special Education resources.
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