Required Services and Procedures for Students with Disabilities Presented by Scott Hall and Ty Manieri 2010 Oregon Special Education Fall Conference Eugene, Oregon Suspension & Expulsion

Overview  Disciplining students under IDEA  What constitutes a disciplinary removal?  When is a disciplinary removal a change of placement?  When is a student’s conduct a manifestation of the student’s disability?  What special circumstances impact the required disciplinary procedural safeguards?  State and Federal Discipline Provisions  Federal – 20 USC 1415(k); 34 CFR §§  State – ORS ; OAR through Student Learning & Partnerships2

Definitions  Current education placement – the placement described in the current IEP’s determination of placement  Disciplinary removal - a suspension, expulsion, or removal from school for disciplinary reasons  This includes any removal where the student does not have access to the general educational curriculum, IEP services, and participation with non-disabled peers. Student Learning & Partnerships3

Disciplinary removals do not include:  Removals by other agencies or for public health reasons,  In-school suspensions if student has access to general curriculum, IEP services, and participation with non-disabled peers,  Bus suspensions unless transportation is a related service. Student Learning & Partnerships4 Definitions

Disciplinary Removals and Change of Placement Student Learning & Partnerships5  Disciplinary removals that do not constitute a change of placement  Up to 10 school days  Over 10 school days but not a pattern  Disciplinary removals that do constitute a change of placement  Over 10 school days (pattern or consecutive)  Special Circumstances  Removals to an Interim Alternative Educational Setting (IAES) by the district or an Administrative Law Judge

Disciplinary Removals and Change of Placement  Transfer students  Count disciplinary removals by other Oregon educational agencies  Do not count disciplinary removals by non-Oregon education agencies  Determination of whether disciplinary removals constitute a pattern  District makes a case by case determination based on:  Whether behavior is similar to previous incidents resulting in removal,  Length, total time, proximity of removals.

Disciplinary removals that are not a change of placement  Two categories  Student is removed for 10 or less days  Student is removed for 11 or more cumulative days that do not constitute a pattern  Districts must provide the same services to special education student as general education student (access to general curriculum and special education services)  Requires equity in policy and practice  Manifestation determination not required Student Learning & Partnerships7

 After the 10 th cumulative day of removal:  The district must provide services addressing the general curriculum and the student’s IEP goals; and,  The district, in consultation with the student’s teacher, determines the services that the student will receive during the removal. Student Learning & Partnerships8 Disciplinary removals that are not a change of placement

 Two categories  Student is removed for 11 or more consecutive days  Student is removed for 11 or more cumulative days that constitute a pattern  Manifestation determination is required  Must be held within 10 school days of the decision to change the student’s placement  The student must have access to the general education curriculum and special education services. Student Learning & Partnerships9 Disciplinary removals that are a change of placement

Manifestation Determination  Participants – district staff, parents, IEP team members  Team determined by parent and district  Materials – student’s file, IEP, teacher observation, information from parent  The team must determine if:  The student’s conduct was caused by or had a direct relationship to the student’s disability; or,  The student’s conduct was the result of a district’s failure to implement the student’s IEP. Student Learning & Partnerships10

 The district may discipline the student the same as general education students;  The district should notify the parent of the change of placement and provide a copy of the procedural safeguards bulletin;  The district must provide services to the student during the removal; and,  Services are determined by the IEP team  If appropriate, the district may conduct an FBA. Student Learning & Partnerships11 If the student’s conduct is not a manifestation of the disability …

If the student’s conduct is a manifestation of the disability…  Return the student to the current educational placement;  Conduct an FBA; and,  Develop or modify a behavioral plan to address the behavior.  If the conduct was the result of the district’s failure to implement the IEP, the district must take steps to ensure future implementation of the IEP. Student Learning & Partnerships12

Removals for Special Circumstances  Two categories  Removal by a school district for weapons, drugs, or serious bodily injury  Removal by an Administrative Law Judge for injurious behavior  Removal for same time as general education student – up to 45 school days  Considered a change of placement Student Learning & Partnerships13

 Student may be removed to an interim alternative educational setting (IAES)  To be determined by the child’s IEP team;  Enables the student to:  continue to participate in the general educational setting; and,  progress toward the student’s IEP goals Student Learning & Partnerships14 Removals for Special Circumstances

Removal to an IAES by a school district  A manifestation determination is required within 10 school days of decision  The MD decision will establish whether the student can be removed for longer than 45 days and whether a functional behavior assessment must be conducted  Regardless of the outcome of the MD, the student must have access to the general education curriculum and the student’s IEP services. Student Learning & Partnerships15

 A school district may request that an ALJ order the removal of a student to an IAES for up to 45 days for injurious behavior.  Injurious behavior – conduct substantially likely to result in injury to self or others  This procedure can be repeated by the district if the student’s return poses a substantial likelihood of injury to the student or others. Student Learning & Partnerships16 Removal to an IAES by an Administrative Law Judge

Discipline and Dispute Resolution  If a parent requests a due process hearing concerning a manifestation determination or a change of placement due to disciplinary removal, the student remains in the IAES placement setting pending the outcome of the due process hearing – up to 45 days.  The hearing timeline is expedited. Student Learning & Partnerships17

Protections for students not yet identified  Student is entitled to IDEA protections if the district “had knowledge” of a possible disability before the behavior that precipitated the disciplinary action.  Parent expressed concern in writing to administrator or student’s teacher  Parent requested an evaluation  Teacher or other school personnel expressed specific concerns Student Learning & Partnerships18

 If an evaluation is requested, it must be conducted in an expedited manner.  The student remains in an educational placement determined by the district.  Placement can include expulsion, suspension, etc.  Disciplinary procedural safeguards apply if the student is found eligible. Student Learning & Partnerships19 Protections for students not yet identified

 Identification and reporting of disciplinary removals can be difficult.  Once a change of placement occurs due to disciplinary removals, the IEP team becomes involved.  Even if a change of placement has not occurred, districts must serve students with disabilities who have been removed for more than 10 days for disciplinary reasons. Student Learning & Partnerships20 The Big Picture

Questions? Student Learning & Partnerships21

Questions? Student Learning & Partnerships22 Scott Hall, Education Specialist Oregon Department of Education Office of Student Learning and Partnerships Ty Manieri, Legal Specialist Oregon Department of Education Office of Student Learning and Partnerships A copy of this presentation is posted and can be accessed from ODE’s website at: