Is the misconduct in question related to the student’s disability?
This determination must be based upon evaluation data related to behavior, and must be recent enough to afford an understanding of the student’s current behavior. Misconduct is a manifestation of a disability if it “arises from the disability,” “is caused by the disability,” “has a direct and substantial relationship to the disability,” or if the disability significantly impairs the student’s behavioral controls. Misconduct is not a manifestation of a disability if it bears only a weak relationship to the student’s disability. A determination that a student knows the difference between right and wrong does not constitute a determination that the student’s misconduct was or was not a manifestation of the disability. In addition, a district cannot make a categorical determination that misconduct is or is not a manifestation of a disability based on a student’s IDEA eligibility label.
Related Questions
- What do I do when a student with a disability asks me to provide extra time for her examinations or to arrange for a separate, quiet room in which to take them?
- What are strategies for teaching a student with a math-related learning disability?
- Is the misconduct in question related to the student’s disability?
