Special Education: Behavior and Discipline

Sometimes, children with disabilities have behaviors that make school hard for them or others. This section explains how schools must handle behavior fairly and protect your child’s rights under the law.

Behavior Support, Not Punishment

Every child—whether they have a disability or not—should be treated with respect and fairness at school. For students with disabilities, behavior is often connected to their disability. That means discipline must be handled differently to make sure the child still receives a Free Appropriate Public Education (FAPE).

What the Law Says

Under the Individuals with Disabilities Education Act (IDEA), schools must:

Help students learn better ways to behave, not just punish them
Use positive supports and interventions
Avoid discipline that takes away a student’s right to education

If your child’s behavior affects learning (their own or others’), the IEP Team must include behavior goals and supports in the plan.

Positive Behavioral Interventions and Supports (PBIS)

PBIS is a way schools teach good behavior instead of focusing only on bad behavior. For example:

Teaching school rules clearly
Praising positive behavior
Offering support when a student struggles
Using plans to prevent problems before they start

Functional Behavior Assessment (FBA)

If behavior keeps causing problems, the school must do a Functional Behavior Assessment (FBA). An FBA looks for the why behind the behavior—what your child is trying to communicate or avoid. It includes:

Observations in the classroom
Talking with teachers, you, and sometimes your child
Looking at when, where, and how the behavior happens

Behavior Intervention Plan (BIP)

After the FBA, the IEP Team creates a Behavior Intervention Plan (BIP). A BIP explains:

What triggers the behavior
What positive strategies will be used
What the teacher and staff will do to help your child succeed

The goal is to teach better behaviors, not to punish your child.

Discipline and Suspensions

If your child with a disability breaks a school rule, the school can discipline them—but there are limits.

The school can suspend your child up to 10 school days in a school year, just like any other student.
If suspensions add up to more than 10 days, or if your child is removed for longer periods, the school must hold a meeting to review the situation.

Manifestation Determination Review (MDR)

When a child with an IEP faces a suspension longer than 10 days or a change in placement, the school must hold an MDR meeting. The IEP Team, including you, decides:

Was the behavior caused by, or directly related to, the child’s disability?
Did the school fail to follow the child’s IEP?

If the answer to either question is yes, the behavior is called a manifestation of the disability.

In that case:

The school cannot punish the child in the same way as other students.
The IEP Team must review or change the BIP or supports to help prevent future issues.

If the Behavior Is Not Related to the Disability

If the MDR team decides the behavior was not related to your child’s disability:

The school may use regular discipline (like suspension or expulsion).
However, the school must still provide educational services so your child continues to learn.

Special Circumstances

In rare cases, even if the behavior is related to the disability, the school may remove a student for up to 45 school days if the student:

Brings a weapon to school,
Has or sells illegal drugs at school, or
Causes serious physical injury to another person.

Even then, your child still has the right to receive special education services during removal.

During Suspension or Removal

If your child is removed from school for more than 10 days in a school year:

The school must continue to provide FAPE (learning opportunities) in another setting.
The services must help your child continue their IEP goals and prevent further behavior problems.

What Parents Can Do

✅ Ask for a Functional Behavior Assessment (FBA) if behavior is interfering with learning.

✅ Make sure the Behavior Intervention Plan (BIP) is in writing and part of the IEP.

✅ Keep track of suspensions and removals—note dates and reasons.

✅ Attend every Manifestation Determination Review (MDR) meeting.

✅ Ask for positive supports, not just punishment.

Your Child’s Rights

Your child cannot lose their right to education because of behavior.
Discipline decisions must be fair, individualized, and based on the IEP.
You can challenge any decision through mediation or due process.

Key Takeaways

Behavior is a form of communication—schools must understand the cause, not just react.
The law protects students with disabilities from unfair discipline.
Schools must use positive behavior supports and provide services even during suspension.
Parents play a key role in making sure plans and supports are followed.

To connect with one of our special education advocates, please reach out to Disability Advocacy Solutions.