Vaping as a Manifestation of Disability under IDEA in the Context of Substance Use Disorder (SUD) and Oppositional Defiant Disorder (ODD)

I. Legal Framework under IDEA

The Individuals with Disabilities Education Act (IDEA) ensures that students with disabilities receive a Free Appropriate Public Education (FAPE) in the least restrictive environment (20 U.S.C. § 1400(d)). When a student with a disability violates a school code of conduct, and the school seeks to impose a disciplinary change of placement (for example, suspension for more than 10 consecutive days), the school is required to conduct a Manifestation Determination Review (MDR) under 20 U.S.C. § 1415(k)(1)(E).

During the MDR, the IEP team must determine:

1. Whether the behavior in question was caused by, or had a direct and substantial relationship to, the child’s disability.

2. Whether the conduct was the direct result of the school’s failure to implement the IEP.

If either condition is met, the behavior is considered a manifestation of the disability, and the student may not be suspended or expelled in the same manner as a student without a disability (34 C.F.R. § 300.530(e)).

II. Vaping as a Manifestation of Substance Use Disorder (SUD)

According to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR), Substance Use Disorder involves a pattern of substance use leading to clinically significant impairment or distress, which may include failure to fulfill role obligations, persistent desire or unsuccessful efforts to cut down, and continued use despite social or interpersonal problems caused or exacerbated by the substance (American Psychiatric Association, 2022).

A student who engages in vaping, particularly when it involves nicotine, THC, or other substances, may be exhibiting symptoms of a developing or established Substance Use Disorder. For some students, the compulsive nature of substance use and the physiological craving or withdrawal may compel the behavior, even when it violates school policy. In such cases, the act of vaping may be directly related to the student’s disability, thereby meeting the first prong of the manifestation determination standard.

Additionally, if the student’s IEP or behavioral plan fails to address underlying addiction issues, the second prong, failure to implement the IEP, may also apply.

III. Vaping as a Manifestation of Oppositional Defiant Disorder (ODD)

Oppositional Defiant Disorder is defined by a recurrent pattern of angry or irritable mood, argumentative or defiant behavior, or vindictiveness lasting at least six months, as evidenced by at least four symptoms from categories such as frequent temper loss, defiance, or refusal to comply with requests from authority figures (APA, 2022).

A student diagnosed with ODD may vape at school not out of addiction, but as an act of defiance against school rules or staff directives. In this context, the behavior is functionally connected to the student’s disability, particularly if the vaping is part of a broader pattern of oppositional conduct. If the behavior is consistent with the characteristics of the student’s disability and these traits are documented in the student’s IEP or psychological evaluations, then the conduct would again qualify as a manifestation under IDEA standards.

IV. Implications for Discipline

If vaping is found to be a manifestation of either Substance Use Disorder or Oppositional Defiant Disorder, suspension would constitute a denial of FAPE and a violation of the student’s rights under IDEA. Instead of punitive action, the school is required to:

• Conduct a functional behavioral assessment (FBA) if not previously done (34 C.F.R. § 300.530(f)(1)(i))

• Implement or modify a behavioral intervention plan (BIP)

• Provide services to enable the student to continue to participate in the general education curriculum and progress toward IEP goals (34 C.F.R. § 300.530(d))

V. Summary

Under IDEA, school districts have a legal and ethical obligation to assess whether a student’s behavior is a manifestation of their disability. For students with documented diagnoses such as Substance Use Disorder or Oppositional Defiant Disorder, vaping behavior may not merely be a disciplinary issue, but rather a symptom of an underlying disability. In such cases, disciplinary removal through suspension is inappropriate and inconsistent with the mandates of IDEA. Instead, educational and therapeutic interventions should be implemented to address the student’s needs while preserving their right to FAPE.

References

American Psychiatric Association. (2022). Diagnostic and statistical manual of mental disorders (5th ed., text rev.; DSM-5-TR). Washington, DC: Author.

Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (2004).

Code of Federal Regulations, 34 C.F.R. § 300.530–534 (2006).