Feds’ civil rights unit reconsiders focus of disciplinary hearings under IDEA
A case involving an autistic sixth-grade Texas student has led to a legal interpretation by the U.S. Department of Education that could shift the focus of disciplinary hearings for students with disabilities and force school districts to prove that a rule violation actually occurred before the pupil is moved to an alternative setting.
At issue are requirements under the Individuals with Disabilities Education Act that schools follow certain procedures when considering changes of more than ten days to the educational placement of a student with disability because of disciplinary reasons.
Before such actions can be taken, school managers must hold a “manifestation determination review” conducted by the student’s Individualized Education Program team, to ensure that the offending conduct is not related to the disability or occurred as a result of a failing by the school.
If a dispute arises between the school and the student over the application of disciplinary action, the student has the right to make a due process complaint.
The new interpretation, issued in December but just now coming to light, focuses on the due process hearing.
In this case, a young student with autism was accused of violating the district’s code of student conduct when he