Ability Allies Partners with WFYI and Others for Webinars

Key Takeaways and Viewing Links

Ability Allies partnered with WFYI and other organizations recently for a two-part webinar series presented to Hoosier families who have a child with a disability. The webinars provided tools and guidance that empower parents to more effectively advocate for their child within the special education system.

If you missed the presentations, click the webinar name above to view the online recording. Additionally, below are some key takeaways from presentations.

IEPs and the Special Education Process

Parents should understand the special education process, their rights, and their child’s rights to effectively advocate for their child. The special education process and the laws are complex, but several Indiana organizations provide assistance to families, such as Ability Allies, The Arc of Indiana, and Indiana Disability Rights.

A student’s individualized education program (IEP) should be designed to meet their unique needs. The IEP should not be a “cookie-cutter” format, where students with a certain disability all receive the same goals and services.

Students with disabilities should learn with nondisabled students as much as possible. Placement in a more restrictive setting should only occur if the IEP team (which is also called the case conference committee) determines the student cannot be educated satisfactorily in the general education setting, even with support.

Parents are equal and essential members of the IEP team. This team makes decisions about the student’s education and IEP. If a parent chooses to record the IEP meeting, the school cannot prevent the parent from doing so.

What if Parents Have a Special Education Concern?

If parents have a concern, they can request an IEP team meeting. Recent state legislation prohibits employers from penalizing employees who miss work to attend IEP meetings or attendance meetings, although some restrictions apply. Parents can also contact an organization, such as Ability Allies, to discuss their concerns. Many times, educational disputes can be resolved without resorting to formal dispute resolution procedures.

Students with Disabilities are Disciplined More Frequently

Data shows that students with disabilities are disciplined more frequently than their general education peers. The reasons are complex and multifaceted.

The webinar panel discussed that some disabilities impact a student’s ability to control their emotions and behavior. Other disabilities limit a student’s social skills, communication skills, and executive functioning skills. The panelists also discussed that disability labels, zero-tolerance policies, and a lack of staff training can also be factors.

Students with Disabilities Can Be Disciplined, but Have Extra Legal Protections

Schools are allowed to discipline students who have a disability. However, these students have additional protections under special education laws.

One protection is the student’s right to a manifestation determination IEP meeting. Generally, if a student with a disability has been removed from school for disciplinary reasons for 10 days in a school year, the school is required to hold such a meeting to determine two things: whether the student’s behavior is related to their disability, and whether the behavior occurred because the school did not follow the student’s IEP.

If the answer to either of the above manifestation questions is “yes,” the student’s discipline should end, they should return to their educational placement, and the IEP team should develop strategies to help eliminate the student’s adverse behavior. However, if the behavior involved drugs, weapons, or serious bodily injury, the student’s educational placement may change for a period of time.

If the answers to both the manifestation questions are “no,” the school can proceed with discipline. However, the student must receive educational services during any ordered removal so they continue to participate in the general curriculum, to make progress toward their IEP goals, and to address their behavior.

Consider Removals, Not Just Suspensions, When Counting Days

Parents should know that the 10 school days that can trigger a manifestation determination meeting isn’t based solely on suspensions. The law uses the word “removal,” which in some instances can include situations where a student is sent to in-school suspension or sent home from school early (or even removed from the bus).

Parents Also Have Rights in Discipline Situations

Parents have the right to (and should) share information about their child’s disability and behavior at the manifestation determination IEP meeting. Parents also have the right to disagree with and challenge the decision that their child’s behavior was not the result of their disability or the school failing to follow the IEP. Time is of the essence in discipline situations, so parents should act quickly.

If you have questions or need assistance regarding with a special education concern, feel free to contact Ability Allies.

This article is for informational purposes only and should not be considered legal advice. To learn how we can help support your child’s needs, visit abilityallies.org. You can find the Indiana State Board of Education Special Education rules by visiting in.gov/doe/students/special-education/laws-and-resources/.