School Discipline Roadmap
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School discipline involving your child is beyond stressful for any parent. Behavior affects staff and other students. Punitive and/or adversarial discipline towards kids diagnosed with ASD or ADHD/ADD, etc almost always results in escalation of behavior.
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How punitive is the state of Pennsylvania?
Check out these stats and compare them to other states.
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Does Suspending Students Work?
According to TIME Magazine, new research shows that sending kids home from school as punishment may do more harm than good.
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​Stop suspending elementary-age pupils, advocates ask Philly schools This isn't just an issue in Philadelphia but locally. Read the article to find out how Philadelphia addressed this issue in 2017. There is an increase of elementary school age suspensions and reducing recess time as a form of punitive punishment for non-violent offenses for kids diagnosed with a disability. Find out what Eagle Mountain Elementary in Fort Worth, Texas did to address this issue.
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An alternative approach that works​
Dr. Ross Greene as created an award winning documentary called The Kids We Lose that focuses on the behaviorial crisis that exists in many schools. It has become a crisis because the punitive approach escalates behavior and the damage has lasting results.
Check it out on http://www.thekidswelose.com/
Parents can become an advocate to this approach and work with this school district. https://www.livesinthebalance.org/
The three main approaches to this model includes:
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Focus on the problems causing the behavior
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A colaborative approach to the child
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And being proactive instead of reactive
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Lost & Found is a group for educators who either have implemented Collaborative & Proactive Solutions (CPS, formerly known as Collaborative Problem Solving), or are thinking about using the model in their classroom/school. We hope that this community can help each other out in the struggle to utilize non-punitive, non-adversarial, proactive, collaborative, skill-building, and relationship-enhancing interventions. https://www.facebook.com/groups/LITBLostandFound
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Parents, what can you do?
When school discipline process begins with your child, it escalates very quickly. Parents, it's critical that you remain as calm as possible. Focusing on what you can do will help keep you calm. Remember there are limitations on the disciplinary actions they can utilize for children with a disability. Take a long deep breath and proceed forward to the following suggestions.
Please keep in mind the following doesn't replace legal advice. It's a road map of understanding your options.
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Keep all your records organized. Click here to see IEP Organization Tab to help you get started. Create a phone log. Get lined notebook paper and file it under a discipline tab in your IEP binder. Every phone call record the date, time, who you talked to and a sentence or two about the nature of the call. This was a valuable tip my former boss gave me and her phone logs helped them win a copyright infringement lawsuit.
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​ Many children with hidden disabilities are not provided with services to help them succeed. Instead they receive discipline when behaviors escalate with little to no support to de-escelate their behavior. If your child doesn't have an IEP or 504 in place and you have have been asking for help to address repeated behavioral problems without a response from the school district, make sure your requests are all in writing. The SD cannot deny your request to an evaluation in writing.
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If your child is exhibiting behaviors that lead repeated discipline, a re-evaluation and/or appropriate changes to the IEP can be another solution. Ask yourself when was the last time your child had an evaluation? If it's been more than 3 years, you can request a re-evaluation. Has your child received an FBA (Functional Behavior Assessment)? If the school district staff says an FBA was done, scrutinize this document and particular attention on who conducted it. Was it a Board Certified Behavior Analyst (BCBA) whose job it is to determine the function of behaviors? Was it a the school psychologist? Was it a teacher or guidance counselor? Many districts do not create FBA's without sufficient data collection. Does the FBA have a Positive Behavior Support Plan? If it does, then you can request it to be updated to address these behaviors.
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You might want to add this to the IEP to help your child avoid being suspended
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A Functional Behavior Assessment can be conducted for the following disciplinary change in placement of a student with a disability:
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more than 10 consecutive school days
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more than 15 cumulative school days in a year
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when 11-15 days of exclusion show a pattern
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one school day with a student diagnosed with an intellectual disability
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up to 45 school days to an interim educational setting involving drugs, weapons, or serious bodily injury
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NOT SO FAST: School Discipline for Students with Disabilities A child with a disability cannot be suspended for more than 10 consecutive days or more than 15 cumulative days without a Manifestation Determination meeting.
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What is a Manifestation Determination Meeting and why is it important?
These meetings are after any disciplinary actions that can result in change of placement or expulsion. The IEP team must determine whether the child's action resulted from his/her disability. It's critical for you to prepare for this meeting. Click on the link to learn how to prepare for one.
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​Reach out to private providers you are working with for input. You can request the district's data collection related to your child's misconduct. If the misconduct is not related to your child's disability, additional serious disciplinary measures can be made.
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If the situation has escalated to the point that your child faces expulsion, seek legal counsel. Children with disabilities have more protection but if your child isn't recognized by the school district as having a disability, an attorney can help you further protect your child.
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School Resource Officers and Special Education Students: What School Resource Officers Can and Cannot Do
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​​When you need an attorney:
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Batchis Nestle & Reimann LLC
Leah Batchis
Where: 116 Bala Avenue, Bala Cynwyd, PA 19004
Call: 215-550-1760
Website: http://specialedlawgroup.com/
Facebook: https://www.facebook.com/SpecialEdLawGroup/
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Frankel & Kershenbaum, LLC
Where: 1230 County Line Road, Bryn Mawr, PA 19010
Call: 1-610-922-4200
Website: http://www.mykidslawyer.com/practiceAreas.php
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