When Behavior Leads to Discipline: What IDEA and Kentucky Law Require Schools to Do

Why an IEP Review Is Legally Required — and What That Means for Behavior Supports

When a child with a disability begins to receive frequent discipline—office referrals, suspensions, early removals, or changes in placement—it’s easy for parents to feel overwhelmed and unsure of what rights they have.

But here is the truth:

Federal law (IDEA) and Kentucky special education regulations require a review of the IEP when behavior starts to interfere with learning or results in repeated disciplinary actions.

Behavior isn’t just a school issue.

It’s a data point, and under the law, it requires a team response.

Below is a breakdown of what the law actually says—and what that means for your child.

IDEA Requirements: What Federal Law Says

1. The IEP must address behavior when it affects learning

IDEA: 34 CFR §300.324(a)(2)(i)

The IEP Team must “consider the use of positive behavioral interventions and supports” when a child’s behavior interferes with their learning or the learning of others.

This is the foundation of behavior-related support.

If discipline is happening, then behavior is interfering with learning.

Therefore, the team must consider supports.

2. The IEP must be reviewed when behavior results in disciplinary changes

IDEA: 34 CFR §300.324(b)(1)-(2)

Requires that the IEP team revise the IEP when:

• The child is not making expected progress, or

• When new information (such as disciplinary patterns) indicates the child’s needs have changed.

The regulation does not name the “BIP” directly, but

behavior supports are part of the IEP, and must be reviewed as part of this revision process.

3. If discipline results in removals or changes in placement, additional requirements apply

IDEA: 34 CFR §300.530–300.536 (Discipline & MDR)

These sections protect students when:

• They are removed for more than 10 days

• Suspensions form a “pattern of removals”

• Placement is changed

• An MDR (Manifestation Determination Review) is required

In these situations, schools must:

✔ Conduct or review an FBA (if not done previously)

✔ Modify the BIP as needed

✔ Ensure the child continues to receive services

So while the law does not say “you must update the BIP every time,”

it does require reviewing behavior supports when behavior triggers discipline.

Kentucky Regulations: What KY Requires (707 KAR)

Kentucky aligns with IDEA and adds its own requirements.

1. Kentucky reinforces the need for behavioral supports

707 KAR 1:320 (ARC/IEP meetings)

Requires teams to meet to address new information affecting the child’s progress, which includes repeated disciplinary actions.

2. KY requires behavior to be addressed in the IEP when it interferes with learning

707 KAR 1:350 (IEP Requirements)

The IEP must include any needed supports, services, and behavior interventions.

If behavior is impacting learning, the ARC must address it.

3. KY follows the MDR and discipline protections in full

707 KAR 1:340 incorporates the IDEA discipline protections for students with disabilities.

This means:

✔ MDR required after 10-day removals

✔ FBA must be completed as needed

✔ Behavior supports must be reviewed

✔ Services cannot be removed because of behavior

So, Do Schools Have to Update the BIP?

Not always automatically.

But here’s what is legally required:

-If discipline is increasing…

-If the child is being removed…

-If the IEP behavior supports are not working…

The IEP must be reviewed.

And because behavior supports are part of the IEP, they must be examined.

A BIP that stays the same while discipline escalates is a red flag.

What Parents Can Do

If your child is receiving repeated discipline:

-Ask for an ARC/IEP meeting in writing.

-Ask for all behavior data.

-Request an FBA or FBA review.

-Ask the team to review the existing supports and consider revisions.

You can say:

“My child’s disciplinary removals indicate that current supports may not be sufficient.

I am requesting an ARC meeting to review and revise the IEP under 34 CFR §300.324(b).”

This aligns directly with IDEA and Kentucky law.

The Bottom Line

Behavior is communication.

Discipline is a signal.

And the law expects schools to respond by reviewing supports—not by increasing punishment.

Your child deserves understanding, intervention, and a team that adjusts when the plan isn’t working.

And you deserve to be part of every decision.

—

M. Patton

The Clarity in Advocacy™ Method