Discipline and Manifestation Determination Review

What's Required

State and federal special education guidelines are changing the way schools are expected to support students with behavior challenges. The Texas Behavior Support Initiative (TBSI) is the Texas Education Agency’s (TEA) response to federal regulations such as the Individual with Disabilities Improvement Act and No Child Left Behind and state regulations, including Senate Bill 1196, TAC 89.1053 and the TEC Chapter 37, regarding research-based practices and standards school districts may employ when addressing challenging student behaviors.

What We Do

Spring ISD offers a variety of methods to address inappropriate student behavior including: parent conferences, consequences based on the school district’s student code of conduct, peer-buddy supports and suspension of privileges. In addition, Spring ISD follows the Texas Behavior Support Initiative (TBSI) which requires the use of positive behavior supports which include:
  • systemic and individualized strategies based on research-based practices 
  • focused on teaching social and behavioral expectations 
  • culturally appropriate and 
  • designed to prevent recurring inappropriate behaviors of students with disabilities

The use of positive behavior supports required by the TBSI are incorporated in Spring ISD School-Wide Positive Behavioral Interventions and Supports (SWPBS) program. SWPBS works to improve student academic and behavior outcomes by ensuring all students have access to the most effective and accurately implemented instructional and behavioral practices and interventions possible. SWPBS provides an operational framework for achieving these outcomes. More importantly, SWPBS is NOT a curriculum, intervention, or practice, but IS a decision making framework that guides selection, integration, and implementation of the best evidence-based academic and behavioral practices for improving important academic and behavior outcomes for all students.

Administrators will consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a student with a disability who has violated the school’s student code of conduct. The district must consider self defense, intent, and a student’s disciplinary history in deciding whether to order in/out-of-school suspension, removal to a Discipline Alternative Education Program (DAEP), or expulsion to the Juvenile Justice Alternative Education Program (JJAEP), regardless of whether the decision involves a mandatory or discretionary action. Law permits an administrator to override the requirements of the Law; however, it is of utmost importance that all criminal activity be posted in the District's Student Information System (SIS) and if the requirements are overridden, the campus must document the reason for this action and post in SIS as an Action Code 28.

Unless otherwise documented in a student's Individualized Education Program (IEP), the consequences set out in the school’s code of conduct apply to all students, including children with disabilities. There are, however, special rules and limitations that may apply to a student with a disability if the school proposes to:
  • change the student’s placement 
  • remove the student from his or her current placement for more than ten collective school days during the school year

School officials will report to law enforcement authorities that a student, including a student with a disability, is suspected of committing a crime. In some instances state law requires school officials to make a report to law enforcement. Schools that report a suspected crime to law enforcement officials must ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities, provided that the transmission is permitted by the Family Educational Rights and Privacy Act (FERPA). FERPA assures the confidentiality of personally identifiable information contained in educational records. Under FERPA, personally identifiable information (such as the student’s status as special education student) can only be released with parental consent, except in certain very limited circumstances. Therefore, in most instances, in order to transmit such records to law enforcement authorities, parental consent will be required.

Additional Resources