Public schools have a legal responsibility to identify and evaluate, and then serve, eligible students with disabilities. For students whose disabilities impact their behavior at school, teams must be aware of the legal requirements that protect the rights of these students to access and benefit from public education while also supporting them to learn alternative behaviors.
The Individuals with Disabilities Education Act (IDEA) establishes the rights of eligible students with disabilities94 to have equal access to public educational settings with the individualized services and supports necessary to benefit from that access. This concept is broadly referred to as the right to a free appropriate public education (FAPE).95 Each eligible student with a disability also has the right to be educated in their least restrictive environment (LRE),96 including access to grade/age-appropriate core content standards, curricular materials, and resources, based on team consideration of the individual student’s needs. Students served under the IDEA receive special education in addition to other individualized services to address learning needs. Special education requires specially designed instruction (SDI)97 that addresses the unique needs of the student with a disability while ensuring access to the grade-level core/general curriculum for that student. Each district is responsible for providing FAPE in the LRE to each eligible student with a disability, as well as access to the general education curriculum and equal opportunity to participate in non-academic services (e.g., extracurricular activities)98 as students without disabilities. These responsibilities continue even if a student with a disability engages in interfering behavior that violates the school’s code of conduct.
Some content in this section includes information about the rights and protections for students with disabilities under federal and state law. This manual does not, and is not intended to, constitute legal advice. Content in this manual is presented for general information purposes only.
94 Students with disabilities also have rights under Section 504, including rights to access accommodations, aids, and services necessary for them to access and benefit from education. Section 504 requires that public schools provide a FAPE to every student with a disability, regardless of the nature or severity of the disability.