1. Positive Behavioral Interventions and Supports Other Related Processes and Concepts Module 5 2004 – Revised July, 2010

2. Related PBIS Processes For Students with an Individualized Accommodation Plan (IAP) – also known as a 504 & Students with an Individualized Education Plan (IEP) Manifestation DeterminationManifestation Determination Only For Students with an IEP Interim alternative educational setting Interim alternative educational setting Short-Term Suspension Analysis Short-Term Suspension Analysis Review of suspension historyReview of suspension history for current school year for current school year

3. What is a Manifestation Determination (MD) ? Determination (MD) ? IEP/ IEP/IAP An IEP / IAP team decision as to whether a particular behavior exhibited by the student that is subject to disciplinary action is or is not a a manifestation of the student’s disability. (NHCS Manifestation Determination Worksheet) WHEN MUST A TEAM MAKE A MD? When… A determination of “change” has been made related to cumulative suspensions via Short-Term Suspension Analysis Worksheet OR A recommendation for long term suspension has been made WHAT TYPES OF INFORMATION MUST BE CONSIDERED BY THE TEAM? Relevant information in student’s educational record IEP / IAP Teacher observations Relevant information provided by parents Previous diagnosis Behavioral concerns WHO MAKES THE MD? IEP or IAP team

4. What is the Purpose of a MD? Meeting is conducted in order to determine if the student can be removed for his/her disciplinary infraction based on the two-prong test for manifestation. IEP/ IEP/IAP Is there a timeframe for making the MD decision? Is there a timeframe for making the MD decision? Yes, The meeting must be conducted within 10 school days of any decision to change the student’s placement

5. What is the Manifestation Determination Two Prong Test? If the team answers “yes” to either of the (two-prong) questions below then the behavior IS a manifestation. Was the conduct in question caused by the student's disability? Did the conduct in question have a direct and substantial relationship to the student's disability? IEP/ IEP/IAP

6. What is Short-Term Suspension Analysis ? Team decision ( not an IEP /IAP meeting ) as to whether the removal of a student with a disability from their current educational placement constitutes a change in services (NHCS Short-Term Suspension Analysis Worksheet) WHEN? WHEN? The student has reached the 10 th day of suspension in a school year, and each subsequent suspension CONSIDERATIONS? Length of each removal Total of removal time Proximity of removals to one another Block scheduling WHO? Administrator Regular Ed Teacher Special Ed Teacher / 504 Coordinator IEP

7. What Are Examples of Types of Questions the Team Should Consider When Completing the Analysis? How many individual incidents have gotten the student to this point? Was the student reasonably successful in doing the work during periods of suspension? What time of the school year was it? Did teacher instruction occur during suspension? How many total days of suspension have occurred? Is the student enrolled in block scheduled classes? Does the removal interrupt access to the curriculum or FAPE?

8. What Steps Should Be Taken After a Short-Term Suspension Analysis ? Team Determination of : NO CHANGE A functional behavior assessment (FBA) must be completed / reviewed A  Behavioral Intervention Plan (BIP) must be designed / reviewed  IEP services provided during periods of suspension Team Determination of: CHANGE Manifestation Determination A functional behavior assessment (FBA) must be completed / reviewed A  Behavioral Intervention Plan (BIP) must be designed / reviewed  IEP services provided during periods of suspension

9. IEP What is a 45 Day Interim Alternative Educational Setting (IAES) ? A setting where a student would continue to progress in the general curriculum, receive services/modifications identified in IEP and services/modifications designed to address behavior in BIP for not more than 45 days. NOTE: The student may be placed in the IAES setting without regard to whether the behavior is determined to be a manifestation of the student’s disability for certain infractions of the code of conduct that meet the “Special Circumstances” definition.

10. What are the “Special Circumstances” in Which IAES Can Be Used? WHAT ARE THE “SPECIAL CIRCUMSTANCES” FOR IAES? WHAT ARE THE “SPECIAL CIRCUMSTANCES” FOR IAES? Weapons Weapons – Dangerous Weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury. The term does not include a pocket knife with a blade of less than 2 ½ inches in length. Drugs Drugs – Controlled Substances as defined by the Controlled Substances Act) Serious Bodily Injury Serious Bodily Injury – Serious Bodily Injury (USC 13659(g)) A substantial risk of death; Extreme physical pain; Protracted and obvious disfigurement; or Protracted loss or impairment of the function of a bodily member, organ, or mental faculty. IEP

11. What Next Steps Must Be Taken When It Is Determined That a 45 Day IAES Will Be Made? 1. IEP team must convene to complete a Manifestation Determination (MD) within 10 school days NC 1504-2.1(b)(2)(d)(1) 2. On the day school personnel decide to remove the student, they must notify the parent and invite them to a MD meeting, enclosing the Handbook on Parents’ Rights NC 1504-2.1(b)(2)(d)(1) 3. The Manifestation Determination must be conducted. Regardless of the decision of manifestation determination, the student can continue be served in the IAES for up to 45 school days. 4. IEP services must be provided upon removal. The IEP team determines these services NC 1504-2.1(b)(2)(d)(1) 5. IEP team must develop a FBA & BIP to address the behavior or if one has already been developed, it must be reviewed and modified, as necessary NC 1504-2.1(b)(2)(d)(1) Note that the BIP is documented as a modification on the IEP IEP

12. What About Appeals? The parent of a child with a disability who disagrees with any decision regarding placement made under discipline provisions or the manifestation determination may appeal the decision by filing a petition for a due process hearing. An LEA that believes maintaining the current placement of the child is substantially likely to result in injury to the child or others may request a hearing to determine dangerousness. IEP

13. Timeline for Expedited Due Process Hearing for Disciplinary Reasons Within 7 days of receiving the petition, the LEA must schedule a resolution session. Within 20 school days of the date the hearing was requested, the SEA or LEA must arrange for a due process hearing. Hearing Officer must reach determination within 10 days after hearing. Student remains in IAES pending hearing decision or until disciplinary sanction expires, whichever occurs first. IEP

14. Related Concepts Referral to & action by law enforcement and judicial authorities Protection for students not yet eligible for special education and related services ?

15. Referral to & action by law enforcement and judicial authorities Nothing prohibits an LEA from reporting a crime committed by a student with a disability to appropriate authorities Nothing prohibits an LEA from reporting a crime committed by a student with a disability to appropriate authorities Nothing prohibits state Law Enforcement & Judicial authorities from exercising their authority in regard to a student with a disability who has committed a crime Nothing prohibits state Law Enforcement & Judicial authorities from exercising their authority in regard to a student with a disability who has committed a crime

16. JOE JOE Joe had drugs. Am I prohibited from reporting the crime? Does Joe have an IEP? Referral to Law Enforcement Can I share his educational /disciplinary records? YES, records must be made available for consideration by appropriate authorities. You can transmit as permitted by FERPA NO YES

17. Protection for Students “Not Yet Eligible” “Not Yet Eligible” Students not yet protected by IDEA MAY invoke procedural safeguards when the school had knowledge of a disability before the behavior occurred

18. What is Having Knowledge Having Knowledge of a Disability? of a Disability?? Knowledge: Written documentation of parent’s concern to supervisory or administrative personnel of the LEA, or the student’s teacher that the student is in need of Special Education Written documentation of parent’s concern to supervisory or administrative personnel of the LEA, or the student’s teacher that the student is in need of Special Education Parent requested an evaluation Parent requested an evaluation The student’s teacher or other personnel of the LEA, expressed specific concerns about a pattern of behavior demonstrated by the student to the Director of Special Education or other supervisory personnelThe student’s teacher or other personnel of the LEA, expressed specific concerns about a pattern of behavior demonstrated by the student to the Director of Special Education or other supervisory personnel No Knowledge: The parent of the student has not allowed an evaluation The parent of the student has not allowed an evaluation The parent of the student has refused servicesThe parent of the student has refused services The student has been evaluated & determined to NOT be a student with a disability under IDEAThe student has been evaluated & determined to NOT be a student with a disability under IDEA

19. Resources NHCS Special Education & Related Services Manual Policies Governing Services for Children with Disabilities – North Carolina Department of Public Instruction: Exceptional Children Division