No

The legal context

What is a complaint?

If a parent believes their child’s school isn’t following special education laws, they can file a complaint with the Indiana Department of Education. Parents can also file complaints as a way to enforce resolutions reached during mediation or orders issued as part of a due process hearing. IDOE will then assign an investigator to the complaint who is responsible for determining whether a violation has occurred and order any necessary corrective action.

What is mediation? 

Parents and representatives of a school corporation can voluntarily enter into a mediation process as a way to settle disputes over a child’s special education services. A trained and impartial mediator meets with all parties involved to discuss the issue and create a written agreement between the parents and the school. But there’s no guarantee that everyone will agree on a resolution.

What is a due process request?

A due process hearing is a formal legal proceeding that can resolve special education disputes between families and schools. In a due process hearing, both the school corporation and parents present their sides of a dispute. Each side can call witnesses, make legal arguments and present evidence. The hearing is held before an independent hearing officer. 

What is a manifestation determination?

If a school decides to suspend a student with a disability for violating school rules, the case conference committee must meet within 10 instructional days to determine whether the student’s behavior is a manifestation of their disability. The school doesn’t have to 

provide services during the first 10 days of their removal. 

If the behavior is determined to be a manifestation of their disability, the school must:

• If the school failed to follow the student’s IEP and that resulted in the student violating school rules, the school must take steps to remedy the issue. 
• Conduct a functional behavior assessment and implement a behavior improvement plan or modify an existing one as necessary. 
• Return the student to their previous educational placement unless they’re placed in an alternative education setting or the parent and school agree on a different setting.

If the behavior is NOT determined to be a manifestation of their disability, the school may:

• Apply the relevant disciplinary procedures that would be applied to students without disabilities. 
• But the student must receive appropriate services during their removal so they can continue working toward their IEP goals and progressing in their education.