Behavior is information
When an autistic student hits, runs, hides under a desk, or melts down, the behavior is telling you something: this is too loud, this is too hard, I can't say what I need, I'm overwhelmed. Our Meltdowns guide covers the nervous-system side. If the behavior started after kids were targeting your child, the Bullying guide covers how to document that and use your rights.
At school, the question shouldn't be "how do we punish this?" It should be "what is this behavior doing for the student, and what do they need instead?" Federal special-education law builds that question in. When a child's behavior gets in the way of their learning, or other students' learning, the IEP team must consider positive behavioral interventions and supports.
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The FBA (Functional Behavioral Assessment)
An FBA is a structured look at why a behavior happens. Done well, it includes:
- A clear definition of the behavior (what it looks like, not "defiant")
- Data on when, where, and how often it happens
- Antecedents (what comes right before) and consequences (what happens after)
- Interviews with you, teachers, and your child when possible
- A hypothesis about the function: escaping a demand, getting sensory input, getting attention, getting an item, or communicating pain or overload
You can ask for an FBA in writing any time behavior is getting in the way of learning. You don't have to wait for a suspension.
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Dear [Case manager's name], I'm writing to request a functional behavioral assessment for my child, [Child's name], in [Grade]. The school has contacted me about [Behaviors of concern], which is happening about [How often]. I believe this behavior is related to [Child's name]'s disability and is getting in the way of [Pronouns (his, her, or their)] learning. I'm asking that the FBA lead to a behavior intervention plan and an IEP meeting to review supports. Please send me the consent form and confirm in writing when the assessment will begin. Thank you, [Your name & contact]
The behavior plan (BIP)
A Behavior Intervention Plan turns the FBA into action. A strong BIP:
- Changes the environment first: seating, breaks, sensory tools, a predictable schedule, fewer transitions
- Teaches a replacement skill that does the same job as the behavior, like a break card, an AAC button for "too loud," or a "help" signal (see Communication & AAC)
- Spells out how adults respond, calmly and the same way every time
- Includes a crisis plan that focuses on de-escalation
- Says how data will be collected and when the team will review progress
Red flags in a BIP: goals that are all about compliance, punishing stimming, removing preferred items as consequences, or no replacement skill at all. The same assent-based thinking from our ABA guide applies at school.
Getting supports into the IEP
Behavior supports belong in the IEP, not in a teacher's head. Ask for:
- Positive behavior supports and the BIP referenced in the IEP
- Specific accommodations: scheduled sensory breaks, a calm-down space, advance warning before transitions, modified recess or lunch
- Related services: counseling, OT for regulation, social skills, a 1:1 aide if needed
- Staff training on your child's plan
Our IEP guide covers how to request an IEP meeting and write measurable goals.
Suspensions & the 10-day line
IDEA has specific protections for students on IEPs. In plain language:
- Short removals: a school may remove a student with a disability for up to 10 school days in a row, and for more separate short removals in the same year, as long as they don't add up to a "change of placement."
- After 10 total school days of removal in a school year, the school must start providing services during later removals so your child can keep making progress.
- A "change of placement" happens when a removal is more than 10 school days in a row, or when a series of removals forms a pattern: more than 10 days total, for substantially similar behavior, considering how long and how close together the removals were.
Manifestation determination
Before a disciplinary change of placement, the school must hold a manifestation determination review (MDR) within 10 school days of deciding on it. You, the district, and relevant IEP team members look at everything, including the IEP, teacher observations, and anything you provide, and answer two questions:
- Was the behavior caused by, or directly and substantially related to, the disability?
- Was it the direct result of the school failing to implement the IEP?
If the answer to either is yes:
- The behavior is a manifestation of the disability.
- The team must do an FBA (if one wasn't already done) and put a BIP in place, or review and update the existing BIP.
- Your child returns to their placement, unless you and the district agree to a change. (There are narrow exceptions for weapons, drugs, or serious bodily injury, which allow a move to an alternative setting for up to 45 school days.)
If the answer to both is no, the school can apply its usual discipline, but your child must still receive services that let them keep working on the general curriculum and their IEP goals.
You can appeal
"Before we decide anything, I'd like us to look at whether the supports in the IEP were actually in place that day, and whether this behavior connects to [child]'s sensory and communication needs. I've brought my log of incidents and the times [he/she/they] was sent home."
"Come pick him up" counts
Many families don't realize that informal removals can count. These include sending a child home early, shortened school days imposed in response to behavior, keeping a child in the office for the afternoon, or calling a parent to pick up. State guidance based on the U.S. Department of Education's 2022 IDEA discipline Q&A says these removals are generally treated like disciplinary removals, unless your child still gets to take part in the general curriculum, still receives their IEP services, and still spends time with nondisabled peers as they normally would.
Repeated informal removals can add up to a change of placement. That triggers a manifestation determination. They're also a sign the IEP isn't meeting your child's needs.
Count every early pickup
Restraint & seclusion
Physically holding a student (restraint) or isolating them in a room they can't leave (seclusion) can cause injury and trauma. The National Autism Association notes that, at present, no federal law prohibits restraints that restrict breathing or locked seclusion in schools. Rules depend on your state.
- Look up your state's law and your district's policy.
- Ask whether restraint or seclusion has ever been used with your child, and request documentation.
- Ask that the IEP or BIP spell out de-escalation steps, and say that you'll be notified the same day of any physical intervention.
- If your child comes home with injuries or new fears about school, request records and an IEP meeting right away.
If your child has a 504 plan
Students on 504 plans (or with disabilities but no plan) are also protected from discrimination in discipline under Section 504. In 2022 the U.S. Department of Education's Office for Civil Rights issued guidance on using Section 504's evaluation and planning process to address disability-related behavior before it leads to discipline. If behavior keeps coming up, ask whether your child should be evaluated for an IEP. See the IEP guide.
Your behavior checklist
Sources
Pages and documents this guide draws on.
- 34 CFR § 300.530 — Authority of school personnel: 10-day removals, services, manifestation determination, FBA/BIP, and 45-day special circumstances.
- 34 CFR § 300.536 — Change of placement because of disciplinary removals.
- 34 CFR § 300.324 — The IEP team considers positive behavioral interventions and supports.
- Center for Parent Information and Resources: discipline case study — Expedited hearing within 20 school days, and a decision within 10 school days after the hearing.
- CPIR: Behavior Assessment, Plans, and Positive Supports — FBA and BIP resource hub.
- CPIR: avoiding discriminatory student discipline — Summary of July 2022 OCR/OSERS discipline guidance on Section 504 and IDEA.
- DC OSSE: Informal Removal of Students with Disabilities (October 2024) — Special education policy bulletin summarizing OSEP Q&A 22-02.
- NAA: Autism & Safety Data — Restraint and seclusion section.
- OSEP: Q&A on IDEA's Discipline Provisions (July 19, 2022) — The informal-removal points in this guide follow the DC OSSE and CPIR summaries of this Q&A.
