Getting a call from school about your child’s behavior is stressful for any parent. For parents of children with disabilities, navigating behavior issues becomes even more complex—especially when disciplinary consequences are on the table.
Here’s what many families don’t realize: students with IEPs have specific legal protections when it comes to discipline. Understanding these rights—and the processes behind them—can make the difference between your child receiving appropriate support or facing consequences that don’t address the real issue.
Behavior Is Already Part of Special Education
Behavior is one of three components that must be addressed in every IEP—alongside academics and function. Juan Hernandez, who serves as Director of Special Education Support Services at Brighton Center, emphasizes the order matters: “Behavior, function, then academics. Because if you don’t have the first two in order, the academics aren’t going to happen.”
This means behavior should automatically be considered in the context of your child’s disability. A child with autism may not understand social boundaries the same way peers do. A student with ADHD may struggle with impulse control—not because they’re making bad choices, but because their prefrontal cortex works differently.
Many parents don’t realize that behavior goals should be included in the IEP when behavior is a concern. As Juan puts it: “Behavior is not just something that’s expected. It’s a skill to be taught.”
What Is a Functional Behavior Assessment (FBA)?
When behavior becomes a concern, the first step is often a Functional Behavior Assessment. An FBA is a standalone evaluation conducted by the school psychologist to answer one central question: What is the function of this behavior?
Rather than just responding to the behavior itself, the FBA digs into the “why.” The school psychologist gathers observations, teacher input, and data to hypothesize the underlying cause. Common functions include:
- Attention seeking – the behavior gets a reaction from others
- Escape/avoidance – the behavior removes the child from an unwanted situation
- Sensory needs – the behavior meets a sensory input requirement
Consider this example: A middle schooler acts out every time it’s their turn to read aloud. They say something inappropriate, get sent to the office, and avoid having to read. That behavior might actually signal an unidentified learning disability like dyslexia. The function is escape—and punishment only reinforces it.
Understanding the function is critical because consequences must align with the child’s level of understanding and actually address the need the behavior is meeting. For example, suspending a child who doesn’t understand the concept of suspension—or who actually prefers being home—isn’t a consequence at all. It’s a reward that reinforces the wrong behavior. This is why identifying the function and responding appropriately matters far more than simply applying standard disciplinary measures.
Parents play a role in the FBA process. Share what you observe at home—patterns around certain times, activities, or transitions. The more information the team has, the more accurate the assessment will be.
The Behavior Intervention Plan (BIP)
Following the FBA, the team develops a Behavior Intervention Plan. This document outlines:
- Target behaviors (physical aggression, elopement, self-injurious behavior, etc.)
- Possible triggers
- Strategies that have worked or haven’t worked
- Replacement behaviors and supports
The emphasis should be on teaching alternatives. As Juan explains: “Instead of just saying ‘don’t do that,’ we teach ‘do this instead.'” Replacement behaviors give the child an appropriate way to meet the same need.
A BIP doesn’t always require an FBA first. If a child enters school with known behavior challenges, the team can develop an interim plan based on parent input and initial observations. They can then revisit it after a few weeks of data collection.
Schools can also trial interventions before formalizing them in the IEP. Good teachers do this naturally—testing different approaches to see what works. If something proves effective, it can be added to the IEP through an amendment. This doesn’t always require a full ARD meeting; accommodations can sometimes be added via email agreement among the team, as long as parents consent and it’s documented.
How Schools Should Monitor BIP Effectiveness
Schools should track whether a BIP is working through specific data collection. One common method is ABC logs—which track the Antecedent (what happened before the behavior), the Behavior itself, and the Consequence (what happened after). This data should show clear patterns and progress over time.
For example, a student’s physical aggression might drop from 17 incidents per day to two per day, and eventually to nearly zero. Parents should receive regular reports showing this progress—updates like “your child did not elope from school today” or weekly behavior summaries.
If you’re getting text messages about “rough days” but hearing “everything’s great” at ARD meetings, something isn’t adding up. Juan’s advice: “Always follow up any text or phone call with an email. Get receipts of every conversation, especially about behavior. Build your own data.”
Discipline Protections: The 10-Day Rule
Students with IEPs have specific protections under IDEA when facing removal from school.
Short-term removals (10 cumulative days or fewer in a school year): Schools can use standard disciplinary procedures without additional steps.
Beyond 10 days: Once cumulative removals exceed 10 school days in a year—or a single removal constitutes a change of placement—additional protections apply. The school must hold a Manifestation Determination Review.
What Is a Manifestation Determination Review (MDR)?
An MDR is a specific type of ARD meeting with one purpose: to determine whether the behavior in question is connected to the child’s disability.
Timeline: Under IDEA, the school must hold the MDR within 10 school days of the decision to change the child’s placement for disciplinary reasons. However, there’s no federal rule requiring a specific number of days’ advance notice to parents. The school must notify you and make reasonable efforts to include you.
Practical tip: Request written notice of the meeting, copies of any incident reports or data in advance, and at least 3-5 business days’ notice so you can prepare.
The MDR addresses one specific behavior incident—not a pattern or multiple incidents. The team must answer two questions:
Question 1: Was the behavior a direct manifestation of the child’s disability?
Question 2: Was the behavior a direct result of the school’s failure to implement the IEP?
If the answer to either question is yes, the child cannot be disciplined through standard removal procedures. Instead, the team reconvenes to address how to prevent the behavior from recurring. This typically means conducting an FBA (if one hasn’t been done), updating the BIP, or adding supports to the IEP.
If the answer to both questions is no, the student may be disciplined according to the standard code of conduct, like any other student.
The MDR team includes the ARD committee plus the school psychologist, who can speak to evaluation data and how the disability relates to the behavior. Campus administrators or district representatives may also attend.
Special Circumstances: Weapons, Drugs, and Serious Injury
Three situations allow schools to immediately remove a student to an Interim Alternative Educational Setting (IAES) for up to 45 school days, regardless of manifestation:
- Possession of a weapon
- Possession or use of illegal drugs
- Infliction of serious bodily injury
In San Antonio, IAES is commonly referred to as DAEP—Disciplinary Alternative Educational Placement.
Drug involvement is particularly serious. Once drugs are part of the situation, the student is treated according to standard disciplinary procedures under the code of conduct, which can include criminal consequences.
For dangerous situations involving physical aggression where safety is at immediate risk, schools may remove a student without an ARD. However, this should be followed by proper procedures and team communication.
If Your Child Faces Suspension or Expulsion
When you receive notice of potential removal, take these steps:
- Ask questions in writing. If you receive an unexpected ARD invitation—especially one that wasn’t previously discussed—email the school and ask specifically: What type of meeting is this? Is this an MDR? What will be discussed?
- Don’t waive your rights without understanding them. Schools may ask you to waive the notice period to hold a meeting quickly. Before agreeing, make sure you understand what’s happening and have time to prepare.
- Request documentation in advance. Ask for copies of incident reports, behavior data, and any other relevant records before the meeting.
- Bring support. You have the right to bring an advocate or consultant to any ARD meeting, including an MDR.
Juan has seen situations where rushed meetings or vague language leave parents unprepared. His guidance: “Ask questions. Get it in writing. If something feels off, reach out to us before you agree to anything.”
When Behavior Needs More Than a BIP
Sometimes behavior signals a need for mental health support beyond what a BIP provides. Counseling can be added to an IEP as a related service—just like speech or occupational therapy.
This isn’t the academic counselor at school. Counseling as a related service is typically provided by the school’s psychologist, who meets with the student regularly to work through emotional situations, role-play responses, and build coping skills.
If you believe your child needs this support, request a counseling assessment through the ARD process. Like other related services, it will have clear parameters—frequency, duration, and goals.
What You Can Do Right Now
- Review your child’s current IEP for behavior goals and any existing BIP. If behavior is a concern and there’s no plan in place, request an FBA.
- Document everything. Follow up texts and phone calls with emails. Keep your own records of behavior patterns at home.
- Know the 10-day threshold. Track any removals—suspensions, in-school suspensions, office referrals that take your child out of class.
- Ask questions before signing anything. If you receive an unexpected meeting invitation, clarify in writing what type of meeting it is.
- Reach out for support. If your child is facing disciplinary action, contact Brighton Center before the meeting.
You Don’t Have to Navigate This Alone
Behavior-related discipline is one of the most complex and emotionally charged areas of special education. The legal protections exist for a reason—but they only help if you know about them and assert them.
If your child is facing suspension, expulsion, or removal to an alternative setting, Brighton Center’s SESS consultants can help you understand your rights, prepare for the MDR, and ensure appropriate behavior supports are in place.
Schedule a free consultation with our Special Education Consultants to discuss your situation and develop a plan.
