Legal and Ethical Application by Heather Robertson

Slide 1: My Professional Perspective

hrobertson41 — 2025-03-09 20:40:45 UTC

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.

Slide 2: Governing Agency

hrobertson41 — 2025-03-09 20:41:35 UTC

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.

Slide 3: Federal and State Constitutional Laws

hrobertson41 — 2025-03-09 20:42:39 UTC

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

Slide 4: Administrative Law and Statue

hrobertson41 — 2025-03-09 20:43:40 UTC

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

Slide 5: Case Law

hrobertson41 — 2025-03-09 20:44:16 UTC

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

Slide 6: Federal regulation or Mandate

hrobertson41 — 2025-03-09 20:45:47 UTC

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

Slide 7: Local Administrative Law/Policy/Rule

hrobertson41 — 2025-03-09 20:46:25 UTC

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

Slide 8: Risk Management Strategies

hrobertson41 — 2025-03-09 20:47:07 UTC

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

Slide 9: Ethical Principle

hrobertson41 — 2025-03-09 20:48:08 UTC

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

Slide 10: Personal Connection

hrobertson41 — 2025-03-09 20:48:30 UTC

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.

Slide 11: Recommendations / Best Practices for Compliance

hrobertson41 — 2025-03-09 20:49:12 UTC

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.