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As an educator and educational administrator committed to promoting equity and inclusivity, I am convinced that a safe and supportive environment must be established for all students, particularly students with disabilities. As a future principal, discipline and behavior are at times problems that need to be handled with care. This guide addresses the ethical aspects of discipline for students with disabilities.

I chose this subject because disciplinary action, such as suspension or expulsion, often disproportionately affects students with disabilities and can multiply their challenges. When discussing these ethical issues, the guide encourages educators to execute fair, individualized decisions that prioritize students' development and well-being and treat them with respect and dignity while honoring legal and ethical requirements.

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The ethics around disciplining students with disabilities are influenced by different agencies and laws. At the federal level, the Individuals with Disabilities Education Act, IDEA, states students with disabilities get a Free Appropriate Public Education, FAPE. This law also outlines when disciplining students, you must consider if the disability played a role in the behavior that led to the disciplinary action. Furthermore, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability, which can include unfair disciplinary actions.

At the state level, the Texas Education Agency, TEA, has specific rules and regulations that follow federal guidelines and the needs of the state. Texas law under the Texas Education Code Section 37 has guidelines for student discipline including students with disabilities. TEA monitors compliance and districts are expected to keep records and documentation to show schools are following the proper protocols for disciplining students with disabilities.

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Slide 3: Federal and State Constitutional Laws

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Slide 3: Federal and State Constitutional Laws

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IDEA:

Ensures students with disabilities are provided a Free Appropriate Public Education in the Least Restrictive Environment (Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.).

Disciplinary actions that remove a student with a disability from their educational setting for more than 10 days in a school year require a Manifestation Determination Review (Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.).

Section 504 of the Rehabilitation Act of 1973:

Link- https://www.eeoc.gov/rehabilitation-act-1973-original-text

Prohibits discrimination based on disability by programs and activities receiving federal financial assistance.

Schools must provide appropriate accommodations to students with disabilities, including when disciplinary actions are involved, to ensure equal treatment.

Texas Education Code:

Link - https://statutes.capitol.texas.gov/docs/ed/htm/ed.37.htm

States the rules for student behavior and discipline in Texas public schools, including for students with disabilities.

Requires the development of Behavioral Intervention Plans for students with disabilities whose behavior may result in frequent or severe disciplinary actions (Texas Education Code, § 37.001 et seq.).

References

Texas Administrative Code. (2024). Chapter 37: Discipline, Education Code, § 37.001 et seq. https://statutes.capitol.texas.gov/docs/ed/htm/ed.37.htm

U.S. Department of Education. (2004). Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. https://sites.ed.gov/idea/statute-chapter-33/subchapter-i/1400

U.S. Department of Education. (1973). Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. https://www.eeoc.gov/rehabilitation-act-1973-original-text

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Individuals with Disabilities Education Act

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Statute

The Individuals with Disabilities Education Act (IDEA) is a law, or statute, authorizing:

1. formula grants to states

2. discretionary grants to state educational agencies, institutions of higher education, and other nonprofit organizations

Search IDEA Statute

Sections of the IDEA Statute

The IDEA statute includes four parts:

Part A. General Provisions

Part A outlines IDEA's general provisions, including the purpose of IDEA and the definitions used throughout the statute.

Part B. Assistance for All Children with Disabilities

Part B includes provisions related to formula grants that assist states in providing a free appropriate public education in the least restrictive environment for children with disabilities ages three through 21.

Part C. Infants and Toddlers with Disabilities

Part C includes provisions related to formula grants that assist states in providing early intervention services for infants and toddlers birth through age two and their families.

Part D. National Activities to Improve Education of Children with Disabilities

Part D includes provisions related to discretionary grants to support state personnel development, technical assistance and dissemination, technology, and parent-training and information centers.

Complete IDEA Statute

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Statute and Regulations - Individuals with Disabilities Education Act

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The Individuals with Disabilities Education Act (IDEA) is a law, or statute, authorizing: formula grants to states discretionary grants to state educational agencies, institutions of higher education, and other nonprofit organizations The IDEA statute includes four parts: Part A outlines IDEA's general provisions, including the purpose of IDEA and the definitions used throughout the statute.

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Texas Education Code:

This administrative rule provides regulations for special education services in Texas and aligns with IDEA to ensure that students with disabilities are treated fairly, especially when it comes to disciplinary actions (19 Tex. Admin. Code § 89.1050)

Reference

Texas Administrative Code - Title 19, Part 2, Chapter 89: Special education services, 19 Tex. Admin. Code § 89.1050. https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=19&pt=2&ch=89&sch=AA

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Endrew F. v. Douglas County School District:

In Endrew F. v. Douglas County School District, 137 S. Ct. 988 (2017), the Court examined the level of educational benefit that must be provided under IDEA for students with disabilities. It highlighted that the educational plan should deliver more than just minimal or trivial advantages.

Reference

Endrew F. v. Douglas County School District, 137 S. Ct. 988 (2017). https://www.supremecourt.gov/opinions/16pdf/15-827_9o6b.pdf

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If the behavior is determined to be a manifestation of the student’s disability, the school must conduct a functional behavioral assessment and implement a behavioral intervention plan to address the student’s behavior.

Reference

U.S. Department of Education. (2006). 34 CFR § 300.530 - Discipline procedures. https://www.ecfr.gov/current/title-34/part-300/subpart-D/section-300.530

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Due to aggressive automated scraping of FederalRegister.gov and eCFR.gov, programmatic access to these sites is limited to access to our extensive developer APIs.

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Slide 7: Local Administrative Law/Policy/Rule

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Slide 7: Local Administrative Law/Policy/Rule

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Eden's Code of Conduct (2024) states that before a student receives disciplinary action for certain offenses, an Admission, Review, and Dismissal committee meeting must be convened to review the conduct.

Reference

Eden CISD Student Code of Conduct. (2024, July 29). https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/1592/Eden_CISD/3367511/Student_Handbook_2023.pdf

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Implementing a Manifestation Determination Review Process

Ensuring the MDR is completed when a disabled student is being disciplined prevents discrimination from occurring and ensures the behavior is properly linked with the disability of the student. This process aligns with IDEA to protect the rights of students and ensures decisions are made regarding the needs of the individual and not based solely on what they did (Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.).

Providing Behavioral Intervention Plans

Developing and implementing a BIP for students with disabilities ensures schools are actively managing behavior before it escalates. BIPs give educators the power to modify the learning environment or instruction methods to ensure students can succeed and reduce the need for discipline. This is necessary for ensuring discipline does not result in denial of access to a Free and Appropriate Public Education.

Due Process Procedures

IDEA regulations (34 CFR § 300.530) ensures that all disciplinary actions for students with disabilities follow due process requirements, including providing appropriate notices, timelines, and the opportunity for hearings, protects both the rights of students and the institution. Following due process ensures that disciplinary actions are brought about justifiably and understandably to prevent probable litigation in the courts of law or violations of student rights.

Reference

U.S. Department of Education. (2006). 34 CFR § 300.17 - Free appropriate public education (FAPE). https://www.ecfr.gov/current/title-34/part-300/subpart-A/section-300.17

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Responsibility to Students:

Educators must act in the best interest of students, ensuring that they are treated with fairness, dignity, and respect.

Texas Educator Code of Ethics directly relates to student discipline for students with disabilities. Teachers have a responsibility to ensure that any disciplinary action taken is nondiscriminatory and that students with disabilities are provided with appropriate educational services as required by IDEA and Section 504 of the Rehabilitation Act. Failure to follow these procedures could result in violating the ethical obligation to treat students with fairness and respect, potentially causing harm to the student's educational outcome.

Reference

Texas Administrative Code, Title 19, Part 7, Chapter 247, Subchapter A, Rule § 247.1. (n.d.). Code of ethics and standards of conduct for educators. Texas Education Agency. https://tea.texas.gov/texas-educators/ethics

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(a) In compliance with the Texas Education Code, §21.041(b)(8), the State Board for Educator Certification (SBEC) adopts an Educators' Code of Ethics as set forth in §247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators). The SBEC may amend the ethics code in the same manner as any other formal rule. (b) The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The Texas educator, in maintaining the dignity of the profession, shall respect and obey the law, demonstrate personal integrity, and exemplify honesty and good moral character. The Texas educator, in exemplifying ethical relations with colleagues, shall extend just and equitable treatment to all members of the profession. The Texas educator, in accepting a position of public trust, shall measure success by the progress of each student toward realization of his or her potential as an effective citizen. The Texas educator, in fulfilling responsibilities in the community, shall cooperate with parents and others to improve the public schools of the community. This chapter shall apply to educators and candidates for certification. (c) The SBEC is solely responsible for enforcing the Educators' Code of Ethics for purposes related to certification disciplinary proceedings. The Educators' Code of Ethics is enforced through the disciplinary procedure set forth in Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) pursuant to the purposes stated therein. (d) As provided in §249.5 of this title (relating to Purpose; Policy Governing Disciplinary Proceedings), the primary goals the SBEC seeks to achieve in educator disciplinary matters are: (1) to protect the safety and welfare of Texas schoolchildren and school personnel; (2) to ensure educators and applicants are morally fit and worthy to instruct or to supervise the youth of the state; and (3) to fairly and efficiently resolve educator disciplinary proceedings at the least expense possible to the parties and the state. (e) The following words, terms, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Abuse--Includes the following acts or omissions: (A) mental or emotional injury to a student or minor that results in an observable and material impairment in the student's or minor's development, learning, or psychological functioning; (B) causing or permitting a student or minor to be in a situation in which the student or minor sustains a mental or emotional injury that results in an observable and material impairment in the student's or minor's development, learning, or psychological functioning; (C) physical injury that results in substantial harm to a student or minor, or the genuine threat of substantial harm from physical injury to the student or minor, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline; or (D) sexual conduct harmful to a student's or minor's mental, emotional, or physical welfare. (2) Applicant--A party seeking issuance, renewal, or reinstatement of a certificate from the Texas Education Agency staff or the State Board for Educator Certification. (3) Code of Ethics--The Educators' Code of Ethics codified in this chapter. (4) Complaint--A written statement submitted to the Texas Education Agency staff that contains essential facts alleging improper conduct by an educator, applicant, or examinee, the complainant's verifiable contact information, including full name, complete address, and phone number, which provides grounds for sanctions. (5) Contested case--A proceeding under this chapter in which the legal rights, duties, and privileges related to a party's educator certificate are to be determined by the State Board for Educator Certification and/or the State Office of Administrative Hearings commencing when a petition is properly served under this chapter. (6) Disciplinary proceedings--Any matter arising under this chapter or Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) that results in a final order or finding issued by the Texas Education Agency staff, the State Office of Administrative Hearings, or the State Board for Educator Certification relating to the legal rights, duties, privileges, and status of a party's educator certificate. (7) Educator--A person who is required to hold a certificate issued under the Texas Education Code, Chapter 21, Subchapter B. (8) Endanger--Exposure of a student or minor to unjustified risk of injury or to injury that jeopardizes the physical health or safety of the student or minor without regard to whether there has been an actual injury to the student or minor. (9) Good moral character--The virtues of a person as evidenced by patterns of personal, academic, and occupational behaviors that, in the judgment of the State Board for Educator Certification, indicate honesty, accountability, trustworthiness, reliability, and integrity. Lack of good moral character may be evidenced by the commission of crimes relating directly to the duties and responsibilities of the education profession as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21), or by the commission of acts involving moral turpitude, but conduct that evidences a lack of good moral character is not necessarily limited to such crimes or acts. (10) Intentionally--An educator acts intentionally, or with intent, with respect to the nature of his or her conduct or to a result of his or her conduct when it is his or her conscious objective or desire to engage in the conduct or cause the result. (11) Knowingly--An educator acts knowingly, or with knowledge, with respect to the nature of his or her conduct or to circumstances surrounding his or her conduct when he or she is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his or her conduct when he or she is aware that the conduct is reasonably certain to cause the result. (12) Minor--A person under 18 years of age. (13) Moral turpitude--Improper conduct, including, but not limited to, the following: dishonesty; fraud; deceit; theft; misrepresentation; deliberate violence; base, vile, or depraved acts that are intended to arouse or to gratify the sexual desire of the actor; drug or alcohol related offenses as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21); or acts constituting abuse or neglect under the Texas Family Code, §261.001. (14) Neglect--The placing or leaving of a student or minor in a situation where the student or minor would be exposed to a substantial risk of physical or mental harm. (15) Recklessly--An educator acts recklessly, or is reckless, with respect to circumstances surrounding his or her conduct or the results of his or her conduct when he or she is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or that the result will occur. (16) Sanction--A disciplinary action by the State Board for Educator Certification, including a restriction, reprimand, suspension, revocation of a certificate, or a surrender in lieu of disciplinary action. (17) Sexual harassment--Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. (18) State Board for Educator Certification--The State Board for Educator Certification acting through its voting members in a decision-making capacity. (19) State Board for Educator Certification member(s)--One or more of the members of the State Board for Educator Certification, appointed and qualified under the Texas Education Code, §21.033. (20) Student--A person enrolled in a primary or secondary school, whether public, private, or charter, regardless of the person's age, or a person 18 years of age or younger who is eligible to be enrolled in a primary or secondary school, whether public, private, or charter. (21) Texas Education Agency staff--Staff of the Texas Education Agency assigned by the commissioner of education to perform the State Board for Educator Certification's administrative functions and services. (22) Under the influence of alcohol--A blood alcohol content of .04% or greater and/or lacking the normal use of mental or physical faculties by reason of the introduction of alcohol. (23) Worthy to instruct or to supervise the youth of this state--Presence of those moral, mental, and psychological qualities that are required to enable an educator to render the service essential to the accomplishment of the goals and mission of the State Board for Educator Certification policy and this chapter.

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(a) In compliance with the Texas Education Code, §21.041(b)(8), the State Board for Educator Certification (SBEC) adopts an Educators' Code of Ethics as set forth in §247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators). The SBEC may amend the ethics code in the same manner as any other formal rule.

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Through the pursuit of my master's degree in educational leadership, I have been increasingly conscious of the importance of legal and ethical standards, particularly in reference to behaviors and supporting students with disabilities. The enforcement of legislation such as IDEA and Section 504 has educated me on how best to guarantee all students are treated fairly, with dignity, and with equity within the classroom. This realization has strengthened my resolve to deliver inclusive education and to ensure that all students, no matter their disability, have the chance to excel.

This law and ethics study is important to me, as it reflects values of justice and advocacy. Recognizing how the laws protect the rights of the students has urged me to focus on ensuring equality in schools and advocating for students with disabilities. By gaining an understanding of the laws, I do not only learn some of the legal responsibilities but also ways of making an impact in every student's life.

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Slide 11:  Recommendations / Best Practices for Compliance

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Slide 11:  Recommendations / Best Practices for Compliance

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Conduct a Manifestation Determination Review: Before disciplining a student with disabilities, always conduct an MDR to ensure that the behavior is not related to the student’s disability.

Offer Appropriate Services During Removals: When a student with a disability is removed from the classroom for more than 10 days, make sure that they continue to receive the necessary educational services and accommodations to prevent interruption in their learning.

Train Educators and Staff on Legal Rights: Regularly provide professional development opportunities to educators and staff about the legal rights of students with disabilities.

Document All Disciplinary Actions: Ensure thorough documentation of all disciplinary actions taken against students with disabilities, including the reasoning for the action, steps taken to support the student, and whether the necessary legal procedures were followed.

Advocate for parent involvement: Ensure that parents are fully informed and involved in the disciplinary process, and that their input is considered when determining the best course of action for the student.

Evaluate Disciplinary Practices: Regularly review disciplinary policies and practices to ensure that they do not disproportionately affect students with disabilities.