Behavior and Discipline in Special Education: What to do if the School Calls Because of a Behavior Incident

Some disabilities make it difficult for students to manage their behavior in ways that schools expect or require. Sometimes the school calls parents, recommending the student go home. Parents need to know that students have specific rights when they are sent home because of behavior: An official suspension triggers access to disability protections.

For example, schools are responsible to provide behavioral support, sometimes called Positive Behavior Interventions and Supports (PBIS), to students with identified behavior disabilities that significantly impact access to learning. Schools also are responsible to evaluate students who may be acting out because of an unidentified disability. Another protection for students with disabilities is a specific due process called Manifestation Determination. A Manifestation Determination Hearing is required if a student with disabilities is excluded from school for 10 or more days because of behavior.

This video provides information about disability protections and what to do if the school is calling to have a student taken home. PAVE has a comprehensive article with additional information: What Parents Need to Know when Disability Impacts Behavior and Discipline at School.

A key federal resource about disability rights related to school discipline was released Jan. 9, 2020: The Office for Civil Rights (OCR), in collaboration with the Office of Special Education and Rehabilitative Services (OSERS), provides the 46-minute YouTube video: Students with Disabilities and the Use of Restraint and Seclusion in K-12 Public Schools.