TEN QUESTIONS AND ANSWERS ABOUT DISCIPLINE FOR CHILDREN

SPECIAL EDUCATION
LCDA. IRELAND RUIZ AGUIRRE

1) Who establishes the procedure to follow when a child with a disability

commits an act that is outside the established norms?

The IDEA 2004 law establishes the disciplinary procedure to be followed, in

addition to the special education procedure manual of the Department of
Education.

2) Are all discipline cases resolved the same?

It is important to establish that any situation related to discipline will be seen on a

case-by-case basis. There are no one hundred percent uniform answers or
actions for everyone. Teachers will determine if a change of placement is
necessary for students who violate established standards.

3) Can a special education student be removed or disciplined prior to a

COMPU meeting?

Contrary to what many parents believe, if the student can be sanctioned

according to the current regulations on procedures
disciplinary, up to ten days. In those ten days it can be suspended or removed.

4) How do you decide what type of punishment is applicable or whether or

not you can punish?

It is mandatory to determine whether the action committed by the student was

due to his or her condition or not; for this, a COMPU meeting must be held. In this
COMPU meeting, it will be obliged to: review all relevant information, evaluate the
Individualized Educational Plan (PEI) and what it establishes, analyze the
evaluations/re-evaluations, pay attention to the observations of teachers, as well
as therapists or social workers. and be attentive to any information that parents
may provide to determine: 1) Whether the conduct was caused by or has a direct,
substantial relationship with the student's condition. 2) If the behavior is the direct
result of the school's failure to implement the PEI. If it is determined that any of
the two previously mentioned aspects are applicable, the determination will be
made that it is a manifestation of the condition.

5) What happens if it is determined that the action was a Manifestation of

the Condition?

In this case, it is important to: 1) Do a functional behavioral evaluation and

implement an intervention plan for the management and modification of behavior
or review the one that is current. 2) Return the student to his or her school unless
parents and faculty agree as part of the intervention plan to effect a change of
placement. 3) The student who committed the offense must be evaluated in
functional behavior, offered behavioral intervention and behavior modification
services, designed to address the unwanted behavior and prevent him from
committing the same behavior again.

6) What if you determine that the behavior is not a manifestation of the

condition?
If a change of location is necessary for a period longer than ten days and it turns
out that the behavior is not a manifestation of the condition, it will be done in
accordance with those established for other students.
7) What happens when you are removed for more than ten days, do you
lose the right to a free and appropriate public education?

No. If the student is removed, the student must continue to be provided with a
free and appropriate public education. You must continue to receive educational
services according to the goals established in your PEI.

8) What happens in weapons or drug cases?

If a student has brought weapons to school or a school activity, is using or dealing

drugs, or has inflicted serious bodily harm on someone at school or a school
activity, the student may be required to leave. keep in another location for up to
45 days.

9) ) Who determines the interim placement of the minor?

It will be determined by the COMPU.

10) What happens if the parent does not agree with the placement or
punishment?

Parents have the right to request review of the placement decision if they do not
agree with it through an Administrative Law Judge or Examining Official. The
Judge or Official will schedule an Administrative Hearing. Hearings will be
conducted expeditiously within no more than 20 school days and determination in
a maximum of 10 school days. The minor remains in the Interim Placement until
the Hearing is resolved or the disciplinary period expires, whichever comes first.