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Certain behaviors are inherent in a disability, such as inattentiveness in those diagnosed with Attention Deficit Disorder. Language processing disorders result in misinterpretation or incomprehension of verbal or written instructions, including rules of conduct. When these inherent behaviors result in inappropriate behavior, can instructors apply the same disciplinary measures as they would to mainstream children?

Non-disabled children are fully cognizant of the rules. They are not challenged by something as basic as sitting in a chair for more than five minutes at a time, nor are they puzzled by the difference between an open book test and cheating.

The rules of conduct for mainstream students, and the disciplinary measures used as consequences for infractions, can be modified for those special education students whose disabilities have a direct impact on their behavior. The application of behavior modification techniques can be integrated into disciplinary procedures.

Not only do savvy educators understand this principle, it is the law.

The Individuals with Disabilities Education Act (IDEA) outlines specific procedures regarding the disciplining of special education students. One important principle in this act is that the disability of the student must be taken into account when deciding on disciplinary action.

If the student either could not restrain himself from committing the act or could not comprehend the results of his actions, due to his or her disability, then the standard procedures of discipline cannot be applied. To establish if this is the case, a manifestation determination hearing is conducted. If there is a direct link between the disability and the act, the student cannot be expelled from school.

While this measure is normally applied to the more serious acts such as weapon or drug possession, the principle of taking into account a child's disability remains.

While this double standard may not seem fair, consider the alternative. A second grade teacher uses time-outs as a disciplinary measure when a student is fidgety or inattentive. Would this procedure be effective on a child with attention deficit disorder? Of course not. The student is fidgety and inattentive because he has attention deficit disorder, not because he's misbehaving.

The teacher, before disciplining the student, needs to take the disability into consideration. She may modify the time-out, giving the child a specific task that will allow him to refocus his attention.

Special education students may not be able to be held to the same disciplinary code, but they can be held accountable for their actions. The consequences of negative behavior may not be the same as for mainstream students, but there are consequences, nonetheless.

Negative behavior in special education students usually stems from the disability. This inherent mitigation requires educators and administrators to modify the disciplinary code. But they need not abandon it. Just as special education students often require a modified approach to their learning style, so to they need modified codes of discipline.

Learn more about this author, Shelly Mcrae.
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