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Each school district in Oregon must publish and distribute a student conduct handbook.  This handbook describes the school district's expectations for student behavior, and lists behaviors that may result in exclusion from school.  Some behaviors, such as not following school rules, can result in short-term exclusions, called suspensions.  More serious behaviors, such as bringing weapons or drugs to school can result in long term exclusions, called expulsions.  State law does not allow the use of corporal punishment, such as spanking, paddling, or hitting children at school.

MAY A CHILD WITH A DISABILITY BE SUSPENDED?

Students with disabilities may be suspended unless the student's IEP provides for an alternative to suspension.  Repeated suspensions of a child with disabilities may suggest that the child is not receiving appropriate special education services.  In any case, a child with a disability may not be suspended for more than ten cumulative school days in a school year, without services being provided to the student.  The Oregon Department of Education takes the position that a new ten-day period begins anew upon a change of placement.

AFTER MY CHILD IS SUSPENDED, WHAT OBLIGATION DOES THE DISTRICT HAVE TO REVIEW MY CHILD'S IEP?

In response to some disciplinary actions, the IDEA requires the IEP team to meet to review the child's behavior plan, or if a child does not have one, to develop a functional behavior assessment plan. These disciplinary actions include, at least, situations in which the district unilaterally changes a child's placement because the child brings a weapon or drugs to school. 

As part of a functional assessment plan, parents may want to request an evaluation by a behavior management specialist, psychologist, social worker, or autism specialist.  The IEP team may use the evaluator's recommendations to modify the IEP. 

FUNCTIONAL BEHAVIOR ASSESSMENT

The purpose of a functional behavioral assessment is to find out why the child is misbehaving at school.  Misbehavior may be the child's way of communicating a desire or need.  For example, a child hitting his jaw may be having pain in his teeth and need dental treatment.  A child who repeatedly grabs at other students may not be trying to harm them, but may be showing a need for training in how to initiate friendships.

The functional assessment can help identify the behavior(s), the situations that predict when the behavior will occur, the factors maintaining the behavior and positive supports, teaching methods, and rewards for changing the behavior.

CAN STUDENTS WITH DISABILITIES BE EXPELLED?

A school district cannot expel a student with a disability for misconduct that is a manifestation of the student's disability.  When a district decides to suspend or expel a student with a disability for more than ten days, it must hold an IEP meeting within ten days to determine whether the misconduct was caused by, or had a direct and substantial relationship to, the child’s disability.  This is known as a manifestation determination.  The team must make specific factual findings before it may determine that the student's behavior was disability-related.  If the team determines that the conduct was not disability-related, it may seek to expel the child as it would any other student.

Parents must be given notice of the IEP meeting regarding the manifestation determination a reasonable time before the meeting.  Parents must also be given notice of the intended disciplinary action, not later than the date on which the decision to take that action is made.

Even if the student is expelled, the district must continue to provide him or her with some services.  The IDEA, specifically requires school districts to provide a FAPE to students with disabilities who have been expelled or suspended from school.  However, a district does not have to provide any services to a student who is suspended for less than ten days.