Suspension and Discipline in Special Education (2019)

INFORMING, EDUCATING, EMPOWERING FAMILIES
617-236-7210 | www.fcsn.org | fcsninfo@fcsn.org
Suspension and Discipline
Parent Training and Information Center

Who We Are
The Federation for Children with
Special Needs promotes quality
education, parent participation and
access to quality health care
services for all children, especially
those with disabilities.
The Parent Training and Information Center
is a project of the Federation. It provides
free information, support, technical
assistance and affordable workshops to
families who have children with disabilities
and the professionals who work with them.
Workshop contents were developed under a grant from the US Department of Education, #H328M140014. However, the
contents do not necessarily represent the policy of US Department of Education; you should not assume endorsement by
the federal government.

© Federation for Children with Special Needs
Workshop Objectives
I. Define school responsibilities related to discipline
II. Describe range of consequences for discipline-related
violations
III. Discuss procedures for out of school suspensions
IV. Summarize legal protections for children with disabilities
V. Apply information to case scenarios

What is the school’s role in discipline?
(See 603 CMR 53.01)
According to MA law, schools should:
Keep schools safe and supportive for all students while ensuring fair
and effective disciplinary practices
Promote engagement of parent in discussion of misconduct and
options for responding to it
Limit use of long-term suspension for non-serious misconduct
Assure receipt of education services so student makes academic
progress during suspension or expulsion

Positive Behavior Intervention Supports and IDEA
See 20 USC 1414d(3)(B)(i)
If a child’s behavior impedes
his or her learning or that of
others, consider the use of
positive behavioral
interventions and supports
(PBIS), and other strategies,
to address behavior
Disability-related behaviors should be addressed in IEP
– PBIS is an appropriate way to do this

What can schools do when a school rule has been violated?
Check the handbook!
 conduct rules
 consequences and
 discipline proceedings
for rule violations
Parent must always be
notified of suspensions or
discipline of any kind

Range of rule violation consequences
1. Behavior Contracts, Detention & Loss of Privilege
2. In-School Suspension
3. School or Community Service Requirement
4. Short-Term & Long-Term Suspension
5. Removal to an Interim Alternate Education Program (IAEP)
6. Emergency Removals
7. Expulsion
This workshop addresses #: 2, 4, 5, 6 and 7

What is in-school suspension (ISS)?
Student remains at school but is removed from classroom
activities
Continues to do school work
ISS days can be counted toward total suspension days
Student has opportunity to explain actions.
Parents must be notified and invited to a meeting to discuss.

What is short-term suspension?
An exclusion from school for 10 days or fewer
Includes any day parent is required to pick up child early for
behavior, regardless of the time of day; ask for an incident
report each time
Suspensions never
carry over past the
end of school year

What is long-term suspension?
Removal from school or regular classroom activities for
more than 10 school days in a row or for more than 10
school days total in school year
No more than 90 days in the school year

What is an IAES?
See 34 CFR section 300.530(e)
Interim Alternative Education Settings (IAES) is a product of
federal regulations under IDEA
School districts have the authority to place a student in
an IAES for up to 45 school/working days for weapons,
drugs, and/or serious bodily harm, regardless of
whether the IEP Team determines that the student’s
behavior was a manifestation of the student’s disability.

What is an emergency removal?
See 603 CMR 53.07
Student is charged with a disciplinary offense and principal
determines that continued school presence:
 poses a danger to persons or property; or
 Significantly disrupts order of school
Only to be used if no alternative in principal’s judgment
Immediate effort to notify parent orally and in writing
Principal must confirm provisions for student’s safety and transportation
before removal
Hearing held during removal period

School must notify student & parent orally & in writing before
suspension (except for emergency & “serious offense” suspensions)
Oral notice:
 at least two attempts to contact parent using emergency contact
information
Written notice must be:
 In English & primary home language
 In plain language
 Sent by hand, 1st class mail, certified mail, email or other method
agreed to by parent
Out-of-School Suspension Procedures
See 603 CMR 53.06(2)

1. Disciplinary offense
2. Basis for the charge
3. Potential consequences,
including potential length
of suspension
4. Opportunity for meeting
5. Date, time and location
of meeting with principal
6. Right to interpreter
services if needed
Content of suspension notice
See 603 CMR 53.06

1. May review student’s record and documents relating to proposed
suspension before meeting
2. May bring someone to help you with meeting
3. Witnesses, including student, may speak at meeting
4. Meeting can be recorded on request, parents to receive a copy
5. Parent and principal can discuss behavior and mitigating circumstances
at meeting
6. Principal must give parents a written decision after hearing that explains
key facts, suspension dates and appeal process
7. Students may appeal decision to superintendent within 5 days (extension
to 7 days is available)
Meeting rights for long-term suspensions

What happens at meeting with principal?
See 603 CMR 53.08
Principal explains basis for charge, hears and considers
information, and determines appropriate consequence
Opportunity to dispute charges and explain circumstances
Opportunity for academic progress
For suspended students in grade 3 or younger - written
notice to superintendent with reasons for suspension
Determination in writing on the day of meeting

What is expulsion?
Removal of a student from the school premises,
regular classroom activities, and school activities for
more than 90 school days, indefinitely or permanently.

Public policy to use expulsion as last resort
See MGL, Chap.71, Sec. 37H ¾
Decision maker shall:
 exercise discretion
 consider ways to re-engage
student in the learning
process and
 avoid using expulsion as a consequence until
other remedies and consequences have been tried

Serious offenses
See MGL Ch. 71, Sec. 37H And Sec. 37H ½
Expulsions and suspensions for offenses below are different
than handbook violations. Zero tolerance continues for these
offenses
After hearing with principal for:
1. being in possession of a dangerous weapon
2. being in possession of drugs or alcohol or
3. assaulting school staff
Students can be suspended for being charged or expelled for
being convicted of a felony regardless of where it happened

Receipt of education services
All suspended and expelled students are entitled to earn
credits, make up assignments, and make academic progress.
Additionally, long-term suspended and expelled students may
receive:
• Tutoring
• Online learning
• Alternative school settings
• Saturday school

School’s Education Service Plan
See MGL Ch. 76, Section 21
School must have an Education Service Plan (ESP)
ESP lists options for students expelled or suspended for more
than 10 consecutive days to continue education
School must provide student and parents with a list of two or
more educational options from which to choose

Legal Protections for Students on IEPs
• For any suspension longer than 10 days
OR
• For shorter suspensions totaling more than 10 days as
part of a pattern of behavior
• a special Team meeting called a Manifestation
Determination must be held BEFORE any suspension
can be made

Was child’s disability the cause of
conduct or directly and substantially
related?
OR
Was conduct due to IEP not being
implemented by school?
Questions for Manifestation Determination Meeting

If answer to either question is yes
Functional Behavioral Assessment (FBA) must be done and
Positive Behavioral Intervention Plan (PBIP) developed and
incorporated in the IEP
OR
Existing FBA must be updated, existing PBIP must be modified
to address student’s behavior and changes incorporated in the
IEP
This is opportunity to address child’s emotional and behavioral
challenges and needs so the behavior does not happen again

If answer to both questions is no, then…
Student is subject to discipline
determined appropriate in
Handbook and under discipline
procedures
Team’s decision may be
appealed to Bureau of Special
Education Appeals (BSEA) on
an expedited basis

Right to manifestation determination, but…
 no specific questions required
 No specific team member attendance required
If incident involves illegal drugs, alcohol, weapons or felony
charges, student may be expelled without a manifest
determination
Rights of a student on a 504 Plan
See 34 CFR 104.35(c); 34 CFR 104.36 and 29 USC 705(20)(c)(iv)

Student Scenario Exercise #1
School calls you at 11:00 am to come pick up your young
daughter again. She misbehaves in the classroom and
teacher can’t handle her.
Group discussion questions:
1. Is this a suspension?
2. If yes, what type of suspension is it?
3. Should it be written up? Why or why not?
4. What steps should parent take to address child’s
needs and behaviors?

The teacher saw John’s agenda book. In it, there was a
list of people under heading: I should kill them all. During
a meeting with principal, John could not or would not
explain why he created the list.
John was suspended for 5 days. He has had 2 prior
suspensions for 3 days each.
1. What type of suspension is this?
2. Do we have information we need to respond to the
suspension?
3. What next steps should parent take?

Student Scenario Exercise #2 continued
Now we know John has an IEP for Autism and
ADHD. Academically he has no problem but he is
very impulsive and has significant social deficits.
1. How does this information change what should
happen before suspension is given?
2. Where will you look for ways to answer
Manifestation Determination questions?

Student Scenario Exercise #2 continued
During meeting with principal, John became visibly upset.
He started crying, pulling his hair out, and stabbing
himself with a pencil, causing drops of blood to appear.
He called principal a racial epithet and demanded that
school not notify his parents.
Group discussion question:
1. What will school likely do in this situation?

You come home to a voicemail message informing you
there will be an expulsion hearing tomorrow morning with
principal. A bag of drugs was found in your son’s
locker. Your son tells you it doesn’t belong to him; another
student asked him to give bag to third student. When son
tried to explain this, principal sent him home.
Group discussion question:
1. What steps should parent take?

Strategies to help your child stay out of trouble at school
Take steps to get help for your child. Child’s pediatrician is a
good place to start
Ask school in writing for an FBA; keep copy of request
Talk to IEP Team about PBIS and consider how to follow
through at home for consistency
Work to maintain a cooperative relationship with IEP Team
and regularly communicate with teachers
Consider whether child needs private evaluation

What to do when your child has a discipline problem at school?
Listen and try to understand what happened
Problem solve with your child
Do not punish your child twice
Request in writing all incident reports
Request copies of evidence the school has of incident
Maintain frequent communication with the school

Thank You For Coming
Please complete these forms:
1. Demographic Data Collection &
2. Workshop Evaluation
The Parent Training & Information Center is funded by a federal
grant, which requires us to collect the information in the forms below:
Kindly return completed forms to workshop presenter

Massachusetts Laws & Regulations
Discipline:
• Massachusetts General Laws (MGL) Chapter 71, Sections 37H,
37H ½, & 37H ¾
• Chapter 76, Section 21 – Education Service Plans
• 603 Code of Massachusetts Regulations (CMR) 53.00
Restraint:
• MGL Chapter 71, Section 37G
• 603 CMR 46.00
Look up Massachusetts Laws here:
https://malegislature.gov/Laws/GeneralLaws
Look up Massachusetts regulations here:
http://www.doe.mass.edu/lawsregs/stateregs

Department of Elementary and Secondary Education (DESE)
Advisory on Discipline, 2015
http://www.doe.mass.edu/lawsregs/advisory/discipline/
StudentDiscipline.html
Technical assistance advisory on time out and seclusion
http://www.doe.mass.edu/sped/advisories/2016-1ta.html
Q&A on restraint
http://www.doe.mass.edu/sped/advisories/QuestionAnswerGui
de-603CMR.pdf
DESE Technical Assistance Advisories:

Resources on Manifestation Determinations
The IDEA (Individuals with Disabilities in Education Act) is the
Federal special education law.
The law on Manifestation Determinations is
20 United States Code 1415(k)(1)(E) You can read it here:
https://www.law.cornell.edu/uscode/text/20/1415
The regulations provide more detail. They are at 34 Code of
Federal Regulations 300.530(e)&(f) You can read them here:
www.ecfr.gov – Select Title 34, then choose the section.

Resources on Prevention
More on PBIS: https://www.pbis.org/pbis-network/massachusetts
Collaborative Problem Solving: http://www.thinkkids.org/learn/our-
collaborative-problem-solving-approach/ and http://www.livesinthebalance.org
Restorative Justice: https://www.edutopia.org/blog/restorative-justice-
resources-matt-davis
Social Emotional Learning principles: http://www.casel.org/
Trauma Informed care training: https://traumasensitiveschools.org/
Pyramid Model (Early Childhood):
http://csefel.vanderbilt.edu/resources/states.html
Rights Regarding The Use Of Restraint In Massachusetts Public Schools by
MHLAC http://www.mhlac.org/Docs/restraint_in_Mass_public_schools.pdf

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INFORMING, EDUCATING, EMPOWERING FAMILIES
617-236-7210 | www.fcsn.org | fcsninfo@fcsn.org

Suspension and Discipline in Special Education (2019)

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