Special Education in The United States - Student Conduct and Discipline

Student Conduct and Discipline

A student that has engaged in behavior that is in violating of student conduct codes that is punished with a suspension or change in placement exceeding 10 days must be given a Manifestation Determination Hearing. The purpose of this hearing is to determine whether the bad behavior is caused by the disability. If it is, then the school district will attempt to change the student's program to address the problem or move the student into a more restrictive environment. If the bad behavior is not related to the disability (e.g., a student with dyslexia who hits another student), then the student can be punished exactly like any non-disabled student.

Students with disabilities generally may not be suspended for more than 10 days or expelled from school if the behavior problem is caused by the student's disability. If a student with special needs is suspended or expelled from school, then the school district normally must continue to provide educational services (for example, through a home study program).

Students with disabilities are not exempted from criminal laws, and are treated like any students in those respects. For example, under Missouri's Safe Schools Act, any student charged with or convicted of murder, forcible rape, or several other violent crimes must be removed from school; there is no exemption for special education students. Drug abuse, weapons possession, or inflicting serious bodily injury (e.g., by assaulting a staff person, student, or visitor to the school) can also result in longer suspensions, even if the violation was caused by the student's disability.