IDEA and Section 504 protections

Additionally, their unique protections require enhanced collaboration, coordination, knowledge of legal protections, and communication.

SWD are afforded special protections under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 and school teams must ensure these protections are afforded to SWD or those in the special education referral process during and following BTAM.

SWD are entitled to a free appropriate public education (FAPE). FAPE is supported through a team-based program development process, and programming must be designed to enable academic and behavioral progress in light of the student’s circumstances.

When a student’s behavior interferes with their learning or the learning of others, the team must meet to “consider positive behavioral interventions and supports and other strategies to address the behavior” (34 C.F.R. § 300.324(a)(2), 2024, Development, review, and revision of IEP).

SWD are also entitled to disciplinary protections in cases where they are removed from school, or their placement is changed.

While BTAM focuses on early intervention and proactive supports and is not intended to be a disciplinary process, it is important to recognize that it may coincide with disciplinary measures or temporary changes in placement that have implications for SWD.

The BTAM process operates alongside special education protections and does not replace or supersede these protections.

This individual can help the team understand procedural requirements (e.g., relevant timelines, evaluation procedures) and substantive requirements (e.g., when to convene the entire IEP team, interpretation of previous evaluations, the applicability of change of placement determinations). This expertise can help protect against over-referral to special education and ensure appropriate protections are in place throughout the BTAM process.

Additionally, under Child Find, a part of the IDEA, schools are responsible for identifying and evaluating students needing specialized services and supports.

First, schools must document access to special education records, including in progress or previous referrals for evaluation, to ensure that those records are not accessed without parental permission except by those with a legitimate educational right to know the contents of the records.

Members of the BTAM team, including any formal and regular team members not employed by the district, are generally considered part of this exception meaning they may be able to access the student’s records.

Schools should have clear procedures for identifying when and by whom these records are accessed and for ensuring that all members of the BTAM team understand their responsibilities related to confidentiality.

Second, if the BTAM team recommends additional evaluations, then the entire IEP team must be involved in determining the scope of those evaluations, and all notification and evaluation procedures and timelines must be followed.

For SWD, it is important to interpret the concerning behavior in the context of the student’s disability and to ensure that all relevant behavioral protections are provided.

Specifically, due process notifications and manifestation hearing procedures may be relevant for SWD who have engaged in concerning behaviors subject to disciplinary measures.

If changes in services or placement are needed, then the full IEP team makes the determination.

If the student is removed from the learning environment for an extended time, IEP services must continue to be delivered.

Further, when a SWD’s behavior results in suspension for more than 10 days (cumulatively or consecutively), the full IEP team must meet to determine if the behavior is directly related to (i.e., a manifestation of) the student’s disability and if a change of placement is appropriate.

In cases where the behavior is deemed a manifestation of a disability, there are procedural safeguards in IDEA that must be followed for students with disabilities.

Additionally, in cases where a student’s behavior results in a change of placement or is determined to be a manifestation of their disability, SWD have a right to a function-based assessment and a behavior intervention plan designed to address the behavior (34 C.F.R. § 300.530(d)(1)(ii) and (f)(1)(i), 2024, Authority of School Personnel; 34 C.F.R. § 300.534, 2024, Protections for children not determined eligible for special education and related services).

The IEP team meets and determines that the behaviors are a manifestation of the student’s disability, meaning the student cannot be disciplined or excluded from school for this behavior.