from Equip for Equality’s Legal Advocacy Program
EFE FACT SHEET – Special EducationDiscipline- Interim Alternative Educational Setting (IAES)
Introduction
This fact sheet will give parents information about the rights of their children with disabilities who have been placed in Interim Alternative Educational Settings.
Interim Alternative Educational Setting (IAES)
1. What is an IAES?
a. An IAES is a temporary alternative school for a child that commits serious misbehavior.
2. Is an IAES just for students with disabilities?
a. No. All students who commit serious misbehavior may be transferred to an IAES.
3. When can the School transfer your child to an IAES?
a. Transfer by the School: Your child may be immediately removed from his/her school and placed in an IAES under certain circumstances:
1. If your child inflicts serious bodily harm;
a. Serious bodily harm is defined as: (a) a substantial risk of death; (b) extreme physical pain; (c) protracted and obvious disfigurement; and (d) protracted loss or impairment of the function of a bodily member, organ, or mental function.
2. If your child brings a weapon to school or to a school function; or
3. If your possesses or uses illegal drugs, or sells or solicits the sale of these drugs at school
b. Transfer by a Hearing Officer: A due process hearing officer can also place a student in an IAES if the School can prove that the student is a danger to him/herself or to others.
4. How long can a student attend an IAES?
a. The maximum amount of time is 45 school days
Before Your Child is Transferred to an IAES
1. IEP Meeting: The School must hold an IEP meeting to determine an appropriate IAES for your child.
a. Most schools will recommend an IAES for your child. The IEP team must determine if that IAES is appropriate.
b. The IAES placement must allow your child to participate in the general curriculum and make progress towards meeting the goals on his/her IEP.
c. You are an equal member of the IEP team and it is important that you participate fully in this meeting.
1. Make sure there is someone from the IAES who can speak with knowledge about the programs it offers;
2. Ask questions about what services the IAES will be able to provide your child;
3. Find out the qualifications of the teachers who will be working with your child at the IAES;
4. Use this information to help determine whether this placement is appropriate for your child.
d. If the IEP team determines that the IAES is NOT an appropiate school placement for your child, the team must determine another IAES.
2. Manifestation Determination Review (MDR): If your child is transferred to an IAES, the School does NOT need to hold an MDR to determine if your child’s behavior is caused by his/her disability.
a. This is different from any other time that the School seeks to change your child’s school placement because of behavior.
b. For more information, please see the Manifestation Determination Review fact sheet.
While Your Child Attends the IAES
1. What can you do if you disagree with the decision that the IAES is an appropriate school setting for your child?
a. You can request an expedited due process hearing to challenge the IEP team’s decision.
1. An expedited due process hearing is somewhat like a trial where you will present witnesses and evidence to prove that you are right.
2. You will have a decision within 30 days after making your request.
3. For more information, please see the Expedited Due Process Hearing fact sheet.
b. If you request an expedited due process hearing, your child will remain at the IAES until the decision for the hearing is made.
2. What should you do if you agree with the decision that the IAES is appropriate for your child?
a. Help Develop or Review a Behavioral Intervention Plan: If your child does not already have a Behavioral Intervention Plan, the IEP team must meet to develop one once your child is removed from his school.
1. The School must first conduct a Functional Behavioral Assessment (FBA). An FBA is a study to determine how the school setting (ie – the actions of the teacher, the other students, the changing of classes) affects your child’s behavior.
2. The IEP team will use the FBA to create your child’s Behavioral Intervention Plan (BIP).
3. Make sure that the team developes a good BIP. A good BIP will detail services and modifications that the school must follow in order to help prevent your child from misbehaving in the future.
4. For more information, please see the Behavioral Intervention Plan fact sheet
b. Request Regular Reports from the IAES: It is important that you keep in close communication with the IAES while your child attends.
1. Ask for reports about how your child is making progress on his/her IEP goals.
2. Request information about how the IAES is complying with your child’s BIP and how your child is responding.
3. If you stay in touch with the IAES, you can ensure that your child’s educational rights are protected while he/she attends the IAES.
DO YOU HAVE A QUESTION?
Contact Equip for Equality’s Special Education Clinic Helpline
1-866-KIDS-046 (voice) or 800-610-02779 (TTY)
www.equipforequality.org
This resource material is intended as a guide for people with disabilities. Nothing written here shall be understood to be legal advice. For specific legal advice, an attorney should be consulted.
Equip for Equality, an independent nonprofit organization, is the Illinois state Protection & Advocacy System whose mission is to advance the human and civil rights of children and adults with disabilities. The Special Education Helpline seeks to empower parents to advocate effectively. The Special Education Clinic, Helpline, and these publications were made possible by grants from the Chicago Bar Foundation, The Field Foundation, Illinois Bar Foundation, Illinois Equal Justice Foundation, Polk Bros Foundation, and the State of Illinois Department of Human Services. The contents of this publication are the sole responsibility of the authors and do not represent the official views of the grantors.
©Equip for Equality, 2005