The code of student conduct in your child’s school district applies to all students, encompassing those who receive special education and related services. While more comprehensive information on disciplinary procedures is available in the Discipline section, this overview highlights certain obligations that you and the school district must fulfill when your child faces discipline due to behavior that may or may not be related to a disability.
Manifestation Determination
The Planning and Placement Team (PPT), which includes you, will meet to assess the connection between your child’s behavior and their disability. This assessment is referred to as “Manifestation Determination.” The team evaluates whether the behavior was a result of or had a direct and substantial link to the child’s disability, and whether it was due to the school district’s failure to implement the child’s Individualized Education Program (IEP). If it's determined that the behavior was not caused by the disability, the child will face discipline similar to any other student who engaged in such behavior. The Manifestation Determination must occur within ten days of deciding to change your child’s placement due to a conduct code violation.
If it is concluded that the behavior was a manifestation of the child’s disability or due to a failure to implement the IEP, the child may not be removed from their current educational setting. The team must then conduct a Functional Behavioral Assessment and create a Behavioral Intervention Plan. The assessment analyzes the reasons for the behavior by collecting data to identify causes and devise strategies. The accompanying plan, developed by the PPT/IEP Team, should teach appropriate behaviors and reduce those that impede the child’s learning or that of others.
Interim Educational Placements
If the behavior is not linked to the child’s disability, school personnel may transfer the child to an alternative interim educational setting for up to ten consecutive school days. It’s essential for the child to continue receiving educational services to remain active in the general education curriculum and progress toward their IEP goals. The PPT/IEP Team will decide on an appropriate interim educational plan.
Three situations allow a school district to place a child in an interim educational setting for up to 45 days, regardless of whether the behavior was a disability manifestation:
- Possession or carrying of a weapon to school, at a school function, or in school.
- Use, possession, sale, or solicitation of illegal drugs or controlled substances at school or during school functions.
- Infliction of serious bodily injury upon another person at school or a school function.
An interim placement can also occur if a hearing officer finds that maintaining the child’s current placement is likely to result in injury to the child or others. If there’s disagreement regarding the child’s placement following a disciplinary action or Manifestation Determination, you have the right to request a due process hearing. Until a decision is reached by the hearing officer, unless otherwise agreed, the child will remain in the designated disciplinary placement.
Due Process and Appeals
The Local Education Agency (LEA) is responsible for arranging an expedited due process hearing within 20 school days of the complaint filing, with the hearing officer rendering a decision within 10 school days after the hearing. Decisions concerning expedited due process hearings can be appealed.
Further procedural details on due process proceedings and alternative dispute resolution methods available to you as a parent will be elaborated upon in subsequent sections.
Contact Us
If you have any questions regarding special education student discipline in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
