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Difficult Discipline Issues

October, 2024

MASE

Laura Tubbs Booth & Adam J. Frudden

Ratwik, Roszak & Maloney

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Discipline and Education Today

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Agenda/ Learning Outcomes

An overview of the discipline “movement” – why are we talking about discipline?
What is lawful vs what is best practice
Practice Pointers
Outcomes

To spot the equity and legal issues in daily discipline practices
To consider best practices for student behavior expectations

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Discipline: Past to Present�Corporal Punishment

1977: Ingraham v. Wright

The Supreme Court held corporal punishment was legal

Minnesota

outlaws corporal punishment

CP Today

Blue: No CP

Red: CP is legal

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Discipline: Past to Present�General Education – beginning to now

Students could be expelled indefinitely

Student due process rights

General Education suspensions limited to 10 days

15 days if expelling

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Discipline: Past to Present�General Education- now

Referral for Mental Health after 10 days

No suspension before grade 4

No recess detention

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Discipline: Past to Present�Special Education

Students with special needs could be expelled for behavior that was part of their disability

1988: In Honig v. Doe, U.S. Supreme Court

No expulsion for disability related behavior

Students with disabilities can be suspended up to 10 days

Dismissal may not change placement

Manifestation Determination Required

Honig v. Doe: John Doe attended a developmental center for disabled children. He had difficulty controlling his impulses. One day, he was teased by another student, and, in response, John Doe attacked the other student and kicked out a school window. John Doe was suspended pending expulsion proceedings. The court held that the “stay-put” provision of the EHCA (now the IDEA) prevented a District from excluding disabled children from the classroom for (dangerous) conduct that resulted from their disabilities.
Minn. Stat. § 121A.43(a) says that students with disabilities can be suspended up to 10 days before there is a “change in placement.”
Minn. Stat. § 121A.43(a) says that, if a student with a disability is suspended for 5 consecutive days or 10 cumulative days, relevant members of the team must meet to discuss a student’s potential need for services and progress toward meeting goals
Manifestation determination – Minn. Stat. § 121A.43 (before expulsion/exclusion proceedings) AND 34 C.F.R. § 300.530(e) (before changing placement, > 10 days cumulative suspension)

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Discipline: Past to Present�Special Education

Students with special needs could be expelled for behavior that was part of their disability

1988: In Honig v. Doe, U.S. Supreme Court

No expulsion for disability related behavior

Students with disabilities can be suspended up to 10 days

Dismissal may not change placement

Manifestation Determination Required

Honig v. Doe: John Doe attended a developmental center for disabled children. He had difficulty controlling his impulses. One day, he was teased by another student, and, in response, John Doe attacked the other student and kicked out a school window. John Doe was suspended pending expulsion proceedings. The court held that the “stay-put” provision of the EHCA (now the IDEA) prevented a District from excluding disabled children from the classroom for (dangerous) conduct that resulted from their disabilities.
Minn. Stat. § 121A.43(a) says that students with disabilities can be suspended up to 10 days before there is a “change in placement.”
Minn. Stat. § 121A.43(a) says that, if a student with a disability is suspended for 5 consecutive days or 10 cumulative days, relevant members of the team must meet to discuss a student’s potential need for services and progress toward meeting goals
Manifestation determination – Minn. Stat. § 121A.43 (before expulsion/exclusion proceedings) AND 34 C.F.R. § 300.530(e) (before changing placement, > 10 days cumulative suspension)

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MN Human Rights Charges 2017

Over representation of students:
Who are black (8Xs white students)
Indigenous or native (10 Xs)
And have disabilities (2X)
50% of those suspended had an IEP
Contrast with 15% of population has an IEP

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Removal/ suspension/ expulsion

Are proven ineffective in changing behavior

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What is Legal v. What is Best Practice

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This is a Justice Movement.

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Alternative to Suspension Grant Data

Extremely promising
Adult driven
Data driven
Research based

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Given that…

Can the law be a tool when all else fails?
In other words, when all non exclusionary methods are exhausted, what is left?
First, have all non exclusionary strategies really been tried?
Second, what outside or parent options have been considered?
Third, consider legal options

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Relevant Laws

IDEA

Section 504

State Law

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Removals

New Suspension Rules
Manifestation Determination
Change of Placement

10 day rule
E.K. v. Spec. Sch. Dist. No. 1

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Tools for Safety & Education

CHANGE IN LOCATION – TRANSFER

45 DAY RULE

EXPEDITED HEARING

HONIG INJUNCTION

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Change in Location

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Unilateral Removals

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Unilateral 45 Day Placements

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Expedited Due Process Hearing

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Injunction

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Questions?

Laura Tubbs Booth

ltb@ratwiklaw.com

Adam J. Frudden

ajf@ratwiklaw.com