Discipline for Special Needs

Students

Kerriebah Bedonie
Briana Munoz
Caitlynn Moore
 Common Types of Special Needs:
• Speech and/or language delays- Kids may have trouble producing
speech sounds, using spoken language to communicate, or
understanding what other people say.
• Autism Spectrum Disorder-
• Language -- There are communication delays, not just language delays.
• Social Skills -- Lack of interaction with others. Kids with autism don’t have the
same kind of socialization skills you would expect to see in other typical kids.
• Behavior -- There is often a display of repetitive behaviors, such as turning in
circles or flapping their hands. Severe regression for example, the loss of
previously acquired language.
 Common Types of Special Needs:
• Cognitive Delays- Refers to delays in all areas, more of a global delay.
For example, if your child is 2-years-old, but her motor skills, such as
walking or stacking blocks, and are that of a 6-month-old and she has
no language.
• Inattention -- A child can’t focus and is easily distracted.
• Hyperactivity/Impulsivity -- Excessive energy to the point where a child can’t
sit still or is fidgety.
• Combined Type -- A child displays signs of both Inattention and
Hyperactivity/Impulsivity, and the symptoms have persisted for at least 6
months.
 Common Types of Special Needs:
• Social & emotional disorders- A child may show issues with trust-
building and attachment, difficulty forming and maintaining
friendships, inappropriate play skills for his age
• Learning differences/disabilities- Delays in learning and learning
disabilities are many times diagnosed later in age.
 Tips to Discipline With Special Needs
Children:
• Be Consistent
• Learn about the child's condition
• Defining expectations
• Use rewards and consequences
• Use clear and simple messages
• Offer praise
• Establish a routine
• Believe in the child
• Have confidence in your abilities
 CCSD Discipline:
• SHORT-TERM DISCIPLINARY ACTION-Short-term disciplinary removal
for students with disabilities refers to a student’s removal from
instruction for less than 10 cumulative or 10 consecutive days in a
given school year.
• DISCIPLINARY CHANGE OF PLACEMENT- Although District personnel
must take certain steps in connection with disciplinary action against
a student who has or may have a disability, the most significant
procedural protections with respect to disciplinary actions against a
student with a disability are triggered when the action constitutes a
change in the student’s educational placement.
 CCSD Discipline:
• LONG-TERM DISCIPLINARY ACTION CONSTITUTES A CHANGE IN
PLACEMENT- Long-term disciplinary removal for students with
disabilities refers to a student’s removal from instruction for over 10
consecutive school days in a given school year. This removal
constitutes a change of placement.
• MANIFESTATION DETERMINATION- A manifestation determination
meeting must be convened immediately if possible, but no later than
10 school days after the date on which a disciplinary change of
placement decision is made.
 CCSD Discipline:
• REQUEST FOR A HEARING- A parent may request a due process
hearing when they disagree with any decision regarding disciplinary
placement or the manifestation determination. The LEA may request
a due process hearing when they believe that maintaining the current
placement of the student is substantially likely to injure the student or
others.
 CCSD Discipline:
• PROTECTIONS FOR STUDENTS WHO ARE NOT YET ELIGIBLE FOR
SPECIAL EDUCATION AND RELATED SERVICES- In some circumstances
a student who has not yet been determined to be eligible as a student
with a disability may be entitled to procedural protections. If there
was a suspicion of a disability prior to the behavior infraction and
recommendation of an alternative placement, discipline must cease
and an expedited evaluation must occur unless the infraction was
weapons, drugs or serious bodily harm.
 Court Cases:

Community Consolidated School District #93 (Plaintiff)

Vs
John F. by his parents Mary and James F. and The Illinois State Board of Education (Defendant)
1999

Overview:
Plaintiff filed complaint under the IDEA against the Defendant John F. A special education student,
his parents, and the Illinois Stare Board of Education. The District appeals an Impartial Hearing
Officer’s decision requiring the district to reimburse Mary and James for the cost of private
counseling John received during a homebound placement following a suspension from school for
a disciplinary infraction. The parents won and were granted a reimbursement of $1,310.
 Court Cases:
Windy Payne, mother of child in concern (plaintiff)
Vs
Peninsula School District (Defendants)
2008

Overview:
Plaintiff filed complaint that her son’s, who is an autistic child receiving public education
and also has an IEP, constitutional rights and statutory rights under IDEA were being
violated by the school for locking him in the closet when he misbehaved. Though it does
say in his IEP that he can be placed in an isolated area for cooling down time, the teacher
locked him up for undocumented amounts of time until he defecated on himself.
 Federal and State Laws:
• Under special education law, schools and school districts are responsible for:
• Identifying children with suspected disabilities
• Evaluating children with suspected disabilities to determine if they need special
education services
• Providing supports for children eligible for special education services in the child’s
least restrictive environment/educational placement
• Providing a free and appropriate public education (FAPE) to children with disabilities
• If a child qualified for special education services, the child will receive special
education instruction and services within an Individualized Education
Program (IEP) set up by the child’s school.
 Federal and State Laws:
• The Nevada Department of Education (NDE), Office of Special Education is
committed to ensuring that ALL students in Nevada are college- and career- ready
upon exit from the public school system.
• The primary responsibilities of this office within the Nevada Department of
Education is to provide oversight of federal and state mandated regulations such
as those outlined in the Individuals with Disabilities Education Act (IDEA), the
Elementary Secondary Education Act (ESEA), the Nevada Administrative Code
(NAC), and the Nevada Revised Statutes (NRS).
• Much of the funding provided specifically for meeting the unique educational
needs of and services provided to students with disabilities is provided through
various federal and state funding sources that are administered through oversight
from this office.
 Federal and State Laws:
• There is nothing in IDEA that restricts schools from disciplining children with
disabilities.
• Schools have the responsibility to make sure that all children attending, including
those receiving special education and related services, are familiar with the
discipline code and that their families also have the opportunity to know and
understand the code.
• Parents of children with disabilities should be given the opportunity to discuss
the discipline code when it is a concern for their child and to be partners in
finding effective ways of assisting in maintaining the code and its intent.
• Parents are allies in helping predict problems related to codes of conduct and
their individual child’s strengths and needs. Such discussions can generate IEP
goals as well as necessary exceptions that may prevent the child from meeting a
requirement of the school’s code.
Special Education: