DRTx Discipline Guide for Students with Disabilities – Links and Glossary

The links and glossary below can be used with the DRTx Discipline Guide for Students with Disabilities.

Introduction

This glossary provides current definitions to special education and school discipline related terms. These terms originate from federal and state laws and regulations, including the Individuals with Disabilities Education Act and the Texas Education Code. While this glossary does not provide specific legal advice, the information provided below can be helpful to families with students with disabilities as they navigate special education and school discipline processes

Referral and Full Individualized Initial Evaluation (FIIE)

A special education referral is a request that a student receive a Full Individualized Initial Evaluation (FIIE) to test whether they have a disability and whether there is a need for special education services. A referral should be made in writing and submitted to the Local Education Agency’s (LEA) director of special education or a district administrative employee, such as a campus principal. A parent, teacher, or other professional involved in the student’s education may refer the student for special education services. The school will gather information to decide if the student should be evaluated for special education eligibility. During the referral process, the district must provide you with written information (called “notice”) about the actions the school wants to take regarding your child’s education and your rights. If the school decides to evaluate your child, officials must give you written notice of your rights (procedural safeguards notice) and receive your written consent. The evaluation process will not begin until you have provided your consent in writing for the FIIE. If the school does not think your child needs to be evaluated for special education, officials must send you a written notice describing why they made that decision and what you can do if you disagree.

ARD Committee

In Texas, the individualized education program (IEP) team is called the Admission, Review, Dismissal (ARD) committee. The primary duty of the ARD committee is to prepare the student’s IEP. The IEP is a legally binding document for students with disabilities that outlines the specialized services they will receive to succeed in school. The ARD committee meets at least once a year to develop, review, and revise a students’ IEP. The ARD committee must have, at a minimum, the following members to develop, review, or revise an IEP:

• Student’s parents;
• Adult student (age 18 or over) or a younger student when appropriate;
• A school administrator who knows the district’s resources and can commit those resources to your child;
• A special education teacher;
• A regular education teacher;
• A school psychologist or diagnostician; and
• Others, invited by the parents or school, who have knowledge or expertise about the student. This includes related services personnel, such as speech therapists or counselors. You may bring a friend or parent advocate along for support.

An ARD committee member can be excused from all or part of the meeting if the parent and the school agree that the person’s attendance is not required.

Notice of the ARD Meeting

The school must give you written notice at least five (5) school days before the ARD meeting so you can prepare. When a meeting is called with less than 5 days’ notice, parents have the option to waive the 5-day notice requirement and attend the ARD meeting. The notice should include the purpose, time, location, and attendees of the ARD meeting.

If you did not receive 5-day notice of an ARD meeting, you may file a local grievance (link).

Rescheduling an ARD Meeting

You should try to attend the ARD meetings. If you want to attend the meeting, but the date, time, or place is not convenient for you, ask the school to reschedule. The school must attempt to schedule the meeting at a time and place agreeable to you and school officials. If you cannot attend the ARD meeting, the school must use other methods, such as telephone conference calls or videoconferences, to give you a chance to participate. However, the school district can hold the ARD meeting without you if you don’t attend and don’t reschedule. NOTE: If the meeting is the annual ARD meeting, the school may have more difficulty rescheduling, as they must have the meeting by the anniversary date. For instance, if your child’s annual ARD meeting is April 15th, the district must hold their annual ARD meeting by April 15th of the following school year.

Interpreter at the ARD Meeting

At the meeting, you have a right to an interpreter (e.g., American Sign Language or Spanish) paid for by the school. If you need an interpreter, you should tell the school before the meeting.

Pre-ARD Meeting

You may want to meet with your child’s teacher(s) or related services provider to discuss possible IEP goals and to learn more about the curriculum for your child’s grade level.

Before the ARD Meeting – A Parent Checklist

(Be sure to keep a copy for yourself.)

• Read notice to see what issues will be discussed and who will attend.
• If necessary, request the meeting be rescheduled at a time you can attend or when more time can be allotted for the meeting.
• If necessary, request additional items of discussion be added to agenda.
• If you need an interpreter to participate in the ARD meeting, tell the school.
• Ask the school to invite any representatives of outside agencies (e.g., ECI, TWC, HHSC, etc.) you think should attend.
• Ask the school for copies of any relevant information you do not already have, including:
  • Latest evaluation and any new testing the school has done or will need
  • Teacher progress notes [if necessary, request a meeting, such as a pre-ARD meeting, to talk with the teacher(s) and others for information on the student’s progress]
  • Texas Essential Knowledge and Skills (TEKS) for your child’s age-appropriate grade level
  • Student Code of Conduct and any disciplinary referrals
  • The ARD committee agenda
  • Blank IEP forms/any drafts of IEPs the school may have done.
• Gather any reports you have from outside therapists, tutors, consultants or doctors.
• Make a list of the instructional/behavioral modifications and accommodations you know work best for your child.
• Make a list of other things you would like your child to learn during the year.
  • How is this going to help my child?
  • Will they be able to participate more fully in school life?
  • Will they become more independent?
  • How will their life change or improve?
• Make a list of her areas of functioning that would increase with assistive technology (communication, mobility, etc.). Be prepared to make requests for assistive technology.
• Decide who you will bring to the ARD meeting.
• Decide if you want to meet with the teacher(s), diagnostician or related services provider before the ARD meeting.
• If you want to record the ARD meeting, make sure you know how to use the record function on your phone or other equipment.

For Students Who Are 17+ Years of Age

By age 17, the school district must notify both the student and the parent that all rights given to the parent by IDEA, except the right to receive notice, will transfer to the student at age 18. This notice must be reflected in the student’s IEP. The school should also inform the parents about guardianship and alternatives to guardianship, including supported decision-making.

When the student turns 18, the school district must notify the adult student and the parent in writing that the parent’s rights have been transferred to the student. The school district must continue to provide parents with notice of the ARD meetings. And, the parent can still assist the student with decisions at the ARD as long as the student likes. The student could also give the rights over to the parent with a Power of Attorney or sign a Supported Decision-Making Agreement to let the school know that they want their parents’ help making their own decisions.

Independent Education Evaluation (IEE)

If you think the school’s evaluation does not accurately measure your child’s disability and/or need for special education, you may get an independent education evaluation (IEE). Independent evaluations are done by qualified persons who are not employed by the school. Any time the school conducts an evaluation you disagree with, you may request an IEE within that year. You may also ask the school to pay for the IEE. In response, the school must either pay for the IEE or request a due process hearing to prove its evaluation was appropriate.

The ARD committee must discuss and equally consider independent evaluations, regardless of who pays for them, in any ARD committee decisions. They do not, however, have to accept any or all of the evaluator’s recommendations. For more information, see Independent Evaluations for Special Education.

Student Code of Conduct

In Texas, parents are asked to sign a statement that their child will comply with the school district’s Student Code of Conduct. This applies to students with disabilities as well, so parents should be sure to read it thoroughly and discuss anything in the Code that might be difficult for their child to follow. The IEP should note any exceptions to the Code of Conduct. The Code of Conduct must state that consideration is given, as a factor in a decision to order suspension, removal to a disciplinary alternative education program, or expulsion, to:

1. self-defense;
2. intent or lack of intent at the time the student engaged in the conduct;
3. a student’s disciplinary history; or
4. a student’s disability;
5. a student’s foster care status;
6. a student’s housing status.

District Codes of Conduct should specify lengths of placement in disciplinary settings. Some will also lay out alternative approaches, such as restorative justice. Parents can use the district grievance process to raise concerns about the school’s fidelity to their own codes of conduct.

Change of placement

Under IDEA, a “change of placement” is a disciplinary removal totaling 10 school days (consecutively or nonconsecutively) during an academic year. A removal is not a change in placement if the student:

• is afforded the opportunity to continue to appropriately participate in the general curriculum;
• continues to receive the services specified on the child’s IEP; and
• continues to participate with nondisabled children to the extent they would have in the child’s current placement.

When a school proposes a disciplinary change in placement of 10 or more school days, a Manifestation Determination Review (MDR) must be conducted to review whether the behavior in question was actually a manifestation of the student’s disability.

Manifestation Determination Review (MDR)

IDEA requires that when a school proposes a disciplinary “change of placement,” a removal of 10 consecutive school days or a pattern of removals totaling 10 days in a school year, for a student with a disability, the school must conduct a Manifestation Determination Review (MDR). The goal of an MDR is to prevent discrimination by ensuring students are not punished for manifestations of their disabilities, or the school’s failure to follow the student’s IEP or 504 plan. Within 10 school days, the parents and relevant members of the ARD committee, as determined by the parents and school, must conduct a manifestation determination which must consider:

• All relevant information in the student’s file, including the IEP;
• Teacher observations; and
• Any relevant information provided by the parents.

The committee must answer the following questions:

1. Was the student’s conduct caused by, or had a direct and substantial relationship to, the student’s disability?
2. Was the student’s conduct the direct result of the school’s failure to implement the student’s IEP?

If the answer to either question is yes, the student’s conduct is considered to be a manifestation of the student’s disability, and the student must be returned to the placement he or she was in when the behavior occurred, unless the parent agrees the student should go to another placement as part of a modification of their behavior intervention plan.

If the answers to both questions are no, the committee found that the behavior in question is not related to a disability, and the full committee would have to meet to make any change in the student’s placement.

Stay Put

If a parent chooses to challenge the school’s evaluation, program, or placement of their child, they may file a request for a due process hearing with the Texas Education Agency. IDEA requires the student to remain in the current placement during the hearing and appeals. This is often referred to as the “stay put” provision of the law. In special circumstances involving weapons, illegal drugs, or infliction of serious bodily injury, the school does not have to follow the “stay put” provision.

Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP)

A Functional Behavioral Assessment (FBA) is a process schools use to understand the function or purpose of a specific challenging behavior and create possible solutions. The FBA is conducted by a team of school personnel led by a professional trained in understanding behavior, such as a school psychologist or behavior specialist.

An FBA can be a part of a full evaluation or re-evaluation. You can request an FBA at any time to determine why your child is displaying the challenging behaviors and how best to respond. With that information, the ARD committee can develop a Behavior Intervention Plan (BIP) for the student, which becomes a part of their IEP. The BIP should identify the supports and services your child needs so they do not display the challenging behaviors in question, not just a list of consequences for misbehavior.

If at any point a student violates a school rule that is then determined to be a manifestation of their disability, the ARD committee must conduct an FBA and develop a behavior intervention plan. If an FBA has previously been conducted, and the student already has a BIP, the ARD committee must review the plan and modify it as needed. It is extremely important that the ARD committee discusses and plans for any behaviors you think might cause your child to get in trouble at school.

Unique Circumstances

Under IDEA, school administrators may consider several factors when deciding whether or not to change the placement of a student with a disability who violates the Student Code of Conduct. Additionally, Texas law requires that schools consider the following factors:

1. self-defense;
2. intent or lack of intent at the time the student engaged in the conduct;
3. a student’s disciplinary history; or
4. a student’s disability;
5. a student’s foster care status;
6. a student’s housing status.

This means the campus behavior coordinator (CBC) may no longer apply a “zero-tolerance” policy to a student with a disability, and must use discretion that considers the impact of the student’s disability.

Teacher Removals

Under state law, a teacher may remove a student from the classroom for a single instance of interference, bullying, or behavior that is unruly, disruptive, or abusive. When removed from the classroom by a teacher, the principle may place the student into another classroom, ISS, or into a DAEP. Please note, if your child was placed in another classroom and continues to receive their IEP services, the removal does not count toward a “change in placement” under IDEA.

The student may not return to class without written consent from the teacher or an approved return-to-class plan. A teacher or administrator must notify the family of the student’s removal, and a conference will be held within three school days to discuss the return-to-class plan. The conference must be held between the campus behavior coordinator (CBC) or another appropriate administrator, the student, and the student’s parent/guardian. The teacher will be offered the opportunity to participate in the conference, but is not required to attend. If valid attempts have been made to have the student’s parent/guardian attend the conference in person or virtually with no response received, or if the guardian declines, the conference may proceed without them.

A student may appeal their removal to the school’s placement review committee or the safe and supportive school team. Please note this does not include a student’s admission, review, and dismissal (ARD) committee.

In School Suspension (ISS)

In-school suspension is typically a designated classroom on campus where students are kept isolated from the rest of the student body. Students may be placed in in-school suspension (ISS) for an unlimited amount of time. A school administrator must review a student’s placement in ISS at least every 10 school days. This administrator review does not count as a Manifestation Determination Review (MDR).

Students placed in ISS are entitled to receive the services specified in their IEP and comparable educational services as the student would have received in the classroom. Even with these additional requirements, there are cases where ISS would constitute a change in placement. Under IDEA, ISS is not considered a change in placement if the student:

• is afforded the opportunity to continue to appropriately participate in the general curriculum;
• continues to receive the services specified on the child’s IEP; and
• continues to participate with nondisabled children to the extent they would have in the child’s current placement.

Out of School Suspension (OSS)

Out-of-school suspension (OSS) is a disciplinary removal of a student from the school building and its activities. OSS is limited to a 3-day maximum. Removal to OSS counts towards a change in placement. Students below Grade 3 may be placed in out-of-school suspension (OSS) if their conduct threatens the immediate health and safety of other students or if there is documented conduct that results in repeated or significant disruption to the classroom.

A school administrator may move a student from OSS to ISS if the parent/person standing in parental relation submits a written request with supporting documentation that they are unable to provide suitable supervision during school hours during the period of suspension.

Disciplinary Alternative Education Program (DAEP)

A Disciplinary Alternative Education Program (DAEP) is a district-run alternative educational setting for students who have committed a range of offenses specified in state law and/or the Student Code of Conduct. Students with disabilities who are in DAEPs are still entitled to special education services, a full school day of instruction, and access to courses needed for graduation.
In most cases, placement in a DAEP cannot exceed one year unless the district determines that:

1. the student is a threat to the safety of other students or to district employees; or
2. extended placement is in the best interest of the student.

Juvenile Justice Alternative Education Program (JJAEP)

A Juvenile Justice Alternative Education Program (JJAEP) is an alternative educational setting run by the Texas Juvenile Justice Department (TJJD). Students with disabilities who are in JJAEPs are still entitled to special education services. Large counties are required to have a JJAEP, but small counties may choose not to have a JJAEP. JJAEPs must still offer a full school day and a full school year of instruction. Because JJAEPs serve a larger area, transportation to get to the JJAEP can be a challenge. Some school districts offer transportation, while others do not. If a special education student needs transportation to get to the JJAEP, they should request transportation in their ARD meeting. If transportation is not offered, they should appeal by filling out a special education complaint or requesting a due process hearing.

Virtual Expulsion Program (VEP)

School administrators may now place expelled students in a Virtual Expulsion Program (VEP) established by the district to provide virtual instruction and instructional materials for remote learning. A student may only be placed in a VEP if there is no available Juvenile Justice Alternative Education Program (JJAEP) placement, and the district must ensure the student has suitable computer and internet access when placing a student in a VEP. A school administrator must review a student’s placement in a VEP at least once every 45 school days. Students with disabilities who are expelled are still entitled to receive special education services from their home district.

Interim Alternative Education Setting (IAES)

A student with a disability may be placed in an Interim Alternative Educational Setting (IAES) for up to 45 school days for special circumstances involving weapons, illegal drugs, or infliction of serious bodily injury. An IAES is typically a DAEP, but can also be another setting determined by the district. The ARD committee must meet after a student has been placed in an IAES to determine the services the student will receive in the placement to enable them to progress in the general curriculum. The school must still complete an MDR, with the exception that the student remains in the IAES for 45 school days regardless of the outcome.

Drugs

IDEA defines an “illegal drug” as a controlled substance, but does not include a controlled substance that is “legally possessed or used under the supervision of a licensed health-care professional.”

A “controlled substance” means a drug or other substance identified under schedules I, II, III, IV, or V in the Controlled Substance Act.

Weapons

The IDEA adopts the definition of “weapon” provided in the U.S. Criminal Code.

That provision defines the term “dangerous weapon” as “a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length”.

Serious Bodily Injury

IDEA uses the definition of “serious bodily injury” set forth in the U.S. Criminal Code. That provision defines serious bodily injury as bodily injury which involves substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Local Grievance

State law requires every school district to provide a formal grievance process for parents to address unresolved concerns. Parents of students with disabilities can use this process for issues such as classroom assignments, discipline, transportation, or disagreements with school staff. You must file your grievance within 60 days of learning about the issue, and the district must hold a hearing within 10 days and provide a written decision within 20 days. Your district’s grievance policy and forms must be posted on their website and in the student handbook. If you’re unsure whether the local grievance process is right for your concern—particularly if it involves special education services or potential legal violations—TEA’s Parent Complaint Navigator can help guide you to the appropriate next steps, which may include filing a special education complaint or due process hearing request instead.

State Special Education Resolution Options

TEA offers 4 processes for resolving disputes between a family and their school district on the education of a student with a disability. These options include:

• IEP Facilitation
• Mediation Services
• TEA Complaint
• Due process hearing

IEP Facilitation

To help parents and school districts reach consensus during ARD committee hearings, TEA offers trained facilitators to help the members of the ARD committee communicate and collaborate. The facilitator does not make decisions on the student’s education. To get an IEP facilitator, both the parent and the school district must sign a request form.

TEA Mediation

TEA offers voluntary mediation services for those who want support to resolve a disagreement involving the educational program for a student with a disability. Mediators are knowledgeable on special education procedures and requirements, and facilitates meetings by providing ground rules, identifying interests, and clarifying concerns. Mediators do not make any decisions regarding a student’s special education services. To get a TEA mediator, both the parent and the school district must sign a request form.

TEA Complaint

Under federal law, a parent may file a complaint to TEA requesting an investigation of an alleged violation of special education law. Learn more about how to file a complaint.

Due Process Hearing

If a disagreement between a family and a district over the education of a student with a disability cannot be resolved through other means, the family may file a request for a due process hearing with TEA. A due process hearing is a formal legal process, similar to a trial, during which both the family and the district may call witnesses and submit evidence. The outcome is decided by a hearing officer. Before a due process hearing can be held, the school and the family must participate in a resolution meeting (described below).

Resolution Meeting

The school district must convene a resolution session within 15 days of receiving notice that a parent has filed a request for a due process hearing with the Texas Education Agency. This is an informal meeting between the parent and the school district to try to resolve the disagreement without going forward to a hearing. The meeting includes relevant members of the ARD committee who have knowledge of the facts involved in the dispute and a representative from the school district who has decision-making authority. The resolution session may not include the school district’s attorney unless the parent brings an attorney. The parent and the school district can agree to waive this meeting and/or go to mediation in lieu of, or in addition to, the resolution session.

Additional Resources

• Procedural Safeguards
• Family Educational Rights and Privacy Act (FERPA)
• Office for Civil Rights (OCR)
• Section 504
• Functional Behavioral Assessment
• Positive Behavioral Interventions and Supports (PBIS)
• TEA Mediation
• TEA Complaint
• How to File a TEA Complaint
• Due Process Hearing

 

Updated: January 13, 2026
Publication Code: n/a

 

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Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate.

The handout is not intended to and does not replace an attorney’s advice or assistance based on your particular situation.

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