Special Education Discipline Protections for Students with Disabilities Legal and Compliant Procedures Developing Procedures in a District or Building

Disciplinary Protections for Students with Disabilities

Disciplinary Protections for Students with Disabilities Students with disabilities are afforded specific due process protections in cases of suspension or expulsion under state and federal law. These protections are described in the Procedural Safeguards Notice which was drafted by Michigan Department of Education’s Office of Special Education following the most recent reauthorization of the Individuals with Disabilities Education Act. Otherwise known as the “Green Booklet” in Van Buren County!

The Rule of 10 “...school personnel may, for not more than 10 school days in a row, remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension.” Michigan Department of Education, Office of Special Education and Early Intervention Services. (2009) Procedural Safeguards Notice.

Additional Removals for Separate Incidents “School personnel may also impose additional removals... of not more than 10 school days in a row in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.” Michigan Department of Education, Office of Special Education and Early Intervention Services. (2009) Procedural Safeguards Notice.

What Constitutes a Change in Placement? The removal is for more than 10 school days in a row; or The child has been subjected to a series of removals that constitute a pattern because: The series of removals total more than 10 school days in a school year; The child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and Of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another. Michigan Department of Education, Office of Special Education and Early Intervention Services. (2009) Procedural Safeguards Notice.

When a Change of Placement Occurs Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct...the school district, the parent, and relevant members of the IEP Team...must review all relevant information in the student’s file...and any relevant information provided by the parents to determine: If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or If the conduct in question was the direct result of the school district’s failure to implement the child’s IEP. Michigan Department of Education, Office of Special Education and Early Intervention Services. (2009) Procedural Safeguards Notice.

Services Provided During Change of Placement A child with a disability who is removed from the child’s current placement for more than 10 school days must: Continue to receive educational services, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and Receive, as appropriate, a functional behavioral assessment (FBA), and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not happen again. Michigan Department of Education, Office of Special Education and Early Intervention Services. (2009) Procedural Safeguards Notice.

Subsequent Removals...Not a Change of Placement “Once a child with a disability has been removed from his or her current placement for a total of 10 school days in the same school year, the school district must, during any subsequent days of removal in that school year, provide Services...” Michigan Department of Education, Office of Special Education and Early Intervention Services. (2009) Procedural Safeguards Notice.

Services Provided on Subsequent Removals “...school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.” Michigan Department of Education, Office of Special Education and Early Intervention Services. (2009) Procedural Safeguards Notice.

Special Circumstances Whether or not the behavior was a manifestation of the child’s disability, school personnel may remove a student to an interim alternative educational setting...for up to 45 school days, if the child: Carries a weapon to school or has a weapon at school, on school premises, or at a school function… Knowingly has or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function… Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function... Michigan Department of Education, Office of Special Education and Early Intervention Services. (2009) Procedural Safeguards Notice.

Legal and Compliant Special Education Discipline Procedures for Districts

Special Education Discipline Process VBISD’s Guidance Please note - Special circumstances (weapons, drugs, or serious bodily injury) that may require mandatory suspension or expulsion are not described in the flow chart.

A Quick Review - Grab Your Flowchart!

Review Scenario 1 A student is found in the school building, skipping class. When they are directed to return to class by a building principal, they verbally refuse, yelling obscenities. The student is sent home for the remainder of the day and given ISS the day that follows. What are the next steps?

Review Scenario 2 A student is found in possession of a knife on school property and suspended for 180 days with expulsion pending. What are the next steps?

Review Scenario 3 A student’s disciplinary record is as follows. Physical altercation with 1 peer - 3 Days OSS Physical altercation with multiple peers - 5 Days OSS Physical altercation with multiple peers - 10 Days OSS What are the next steps?

Review Scenario 4 A student’s disciplinary record is as follows. Insubordination in the classroom - Lunch detention Insubordination in the classroom - 1 Hour ISS Insubordination in the lunchroom - I Day ISS Making verbal threats towards a peer - 1 Day ISS Engaged in a physical altercation with a peer - 3 Days OSS Insubordination in the classroom - 1 Day ISS Physical altercation with a peer - 5 days OSS What are the next steps?

Review Scenario 5 A student has been involved in a physical altercation with another student. The student threw the first punch and has been suspended for 10 consecutive days. What are the next steps?

Developing a Legal and Compliant District or Building Procedure

Discipline Tool Kit VBISD Resources for District/Building Use

Questions about Special Education Discipline? Please Contact… Your Regional Supervisor of Special Education Wendy Minor, ISD Planner/Monitor; email address wminor@vbisd.org Dave Manson, Assistant Superintendent; email address dmanson@vbisd.org