The proposed action falls under the "Same Treatment Rule."

Since the disciplinary action doesn't involve removing the child from his/her usual placement for more than 10 days and there isn't a pattern of removals, the school may impose discipline to the same extent such discipline would be applied to a child without disabilities for similar conduct [1415(k)(1)(B)].

Naturally, the child's parents must be notified of the proposed disciplinary action on the same day the disciplinary decision is made, and additionally, must be given a copy of the procedural safeguards notice [1415(k)(1)(H)]. 

A manifestation determination is not required.

Continue to:  Considering PBIS 

The tool currently only includes the federal requirements. Federal requirements apply in all states and states may add on (but not subtract) from the Federal laws. The tool doesn't currently incorporate court decisions or other authoritative interpretation of the law that can clarify issues not explicitly clear from the statute or regulations alone.

Copyright 2008, Matthew J. Stowe. All rights reserved.