Earned field trips for students with disabilities

[FLaudhdmom]

My son has high functioning autism and ADHD. He receives services at his school via an IEP. In his IEP, it states that he struggles with appropriate social communication. He has a goal to work on this, along with an FBA in the works to address behavior in the classroom. His behavior can be disruptive,  such as talking back or out of turn. The behavior interventions haven't been followed through with fidelity by all teachers,  so some teachers do better with him than others. 

There are end of the year 5th grade activities planned. The students and parents signed a behavior contract stating that their conduct grade cannot drop below a C and they cannot be referred to the office, or they lose the privilege of these activities. My son has good days and bad days, where on the bad days he can lose alot of points and there has been the threat of a referral "next time" he talks out of turn. 

My question,  is legally speaking, are they able to hold him to the same behavior contract as the other students? He is working on social behavior on his IEP. I asked the AP at the school and she says that they can prohibit him even with an IEP with behavior goals.That the behavior contract is the same  for ALL students.  Any suggestions and advice you can offer would be so helpful. We live in Florida if that makes a difference. 

[Carolyn Rowlett]

If a behavior is related to a disability, you absolutely cannot punish that student for the behavior, which includes prohibiting them from participating in activities in which his non-disabled peers are participating.  That is discrimination based on his disability.  If he has an IEP with behavioral goals, that means the present levels show he struggles in that area due to his disability; therefore, excluding him based on behavior stemming from the disability would be discrimination.  You need to reach out to the director of special education who should know this.

[JSD24]

They can hold him to the same behavior contract as classmates.  Given a behavioral disability, IMO, they shouldn't.  IMO, the IEP/IEP team should be able to modify this where he has about the same chance of going as a classmate.  This would be the way to accommodate the disability.

Also, all teachers should be following the IEP.