Navigating the confusing world of school discipline

DISCLAIMER This training is to be used as educational material and is not to be considered legal advice. Community Legal Services of Mid-Florida 7/9/2015

What exactly is “Discipline”? School discipline is a required set of actions by a district towards a student (or groups of students) after the student's behavior disrupts the ongoing educational activity or breaks a pre-established rule created by the school system.  Based upon the District Code of Conduct (COC). These COCs can be found on every district’s website. They contain specific information about infractions and possible consequences. There should be language relative to students with disabilities. Community Legal Services of Mid-Florida 7/9/2015

Why Do Suspensions Occur? Some children with disabilities have inappropriate behaviors that are caused by their disability. These behaviors may : Make it difficult to learn; Cause harm to the child or others; and Isolate a child's from his or her peers. Community Legal Services of Mid-Florida 7/9/2015

Suspension Most code of conduct manuals allow for students to be suspended for up to 10 days for a conduct violation. For students with disabilities (IEP or 504), the student is entitled to a meeting (Manifestation Determination) if: The student has been suspended for 10 days; or The student has been subject to a series of suspensions of a similar nature totaling 10 days in one school year (pattern of exclusion). Community Legal Services of Mid-Florida 7/9/2015

Suspension Terms A suspension is sometimes called a “removal” or a “unilateral change of placement.” “Removal” is obvious, but why is a suspension called a “unilateral change of placement”? Because the school “unilaterally” (without asking for input from the IEP team, including the parent) changes the student’s placement from his regular setting to either a new setting (an alternative learning center) or home. Community Legal Services of Mid-Florida 7/9/2015

Schools May Make Unilateral Changes in Placement: For 10 school days or less for students who violate code of conduct. For 11 or more school days for violations of code of conduct IF NOT a manifestation of their disability (more to come on this!). For 45 days or less for weapons, drugs or infliction of serious bodily injury. This is for students with disabilities. Permanently for non-disabled students. Community Legal Services of Mid-Florida 7/9/2015

Manifestation Determination Meeting A pattern of out of school suspensions totaling more than 10 days in a school: A 10 day suspension for a major disciplinary event. Must have a meeting to determine if behavior leading to suspension/expulsion was a manifestation of the disability. There are two tests to determine if the behaviors are a manifestation of the child’s behavior: If conduct was caused by, or had a direct and substantial relationship to, the child’s disability; or If the conduct was the direct result of the school district’s failure to implement the IEP. Community Legal Services of Mid-Florida 7/9/2015

Manifestation Determination Meetings May result in Revision of the IEP New Functional Behavior Analysis New Behavior Plan New Placement Placement generally remains the same unless the IEP team agrees that another placement more appropriately serves the student’s needs. ESE children are safeguarded from disciplinary exclusions that would deny them FAPE. (If necessary, educational services would continue at home or in an alternative setting.) Community Legal Services of Mid-Florida 7/9/2015

What Happens if Behavior IS a Manifestation? Functional Behavioral Assessment (FBA) conducted and Behavioral Implementation Plan (BIP) implemented. Child returns to current placement unless parent and school district agree otherwise as part of BIP. Community Legal Services of Mid-Florida 7/9/2015

What Happens if Behavior is NOT a Manifestation? Discipline in same manner and same duration as for children without disabilities. Educational services are still required for students with disabilities, not for students without. Community Legal Services of Mid-Florida 7/9/2015

Zero Tolerance Students who engage in behaviors related to the following may be sent to an Alternative Learning Center despite disability determination: Weapons Drugs Significant Bodily Harm Community Legal Services of Mid-Florida 7/9/2015

The term "serious bodily injury" means bodily injury that involves: 1. A substantial risk of death; 2. Extreme physical pain; 3. Protracted and obvious disfigurement; or 4. Protracted loss or impairment of the function of a bodily member, organ, or mental faculty. Community Legal Services of Mid-Florida 7/9/2015

Serious Bodily Injury cont’d If a child violates the code of student conduct, their disciplinary action could lead to them being placed in an interim alternative education setting for up to 45 days or possibly being recommended for expulsion. An alternative education setting can be either a public or private school. Community Legal Services of Mid-Florida 7/9/2015

“Dangerousness” To send a student with disabilities to an alternative school due to the concern of “Dangerousness” (fear that a child will commit a violent act), the school must: Get agreement from the parent Go to Due Process Get an injunction in Federal Court Community Legal Services of Mid-Florida 7/9/2015

What If Child is not yet Eligible for IDEA, But Gets into Trouble? If school district had knowledge that a child had a disability before behavior occurred, IDEA protections apply. Community Legal Services of Mid-Florida 7/9/2015

What is Needed to Show that School had Knowledge? Parent expressed concern in writing. Parent requested evaluation. Teacher or other school personnel expressed specific concerns about a pattern of behavior demonstrated by child to Exceptional Student Education (ESE) Director or other school personnel. No knowledge if parent did not allow evaluation or has refused services or child was evaluated and found not eligible. Community Legal Services of Mid-Florida 7/9/2015

What Happens if School Did Not Have Knowledge? Request an Initial Evaluation during disciplinary period. This evaluation must be expedited, so must be quicker than 60 days. Community Legal Services of Mid-Florida 7/9/2015

How Do Kids End Up With Multiple Suspensions? Discretionary language in the Code of Conduct, letting administrators make arbitrary decisions. No provisions for students with disabilities. No clear definitions of violations. Especially important for “disruption”, “fighting”, “defiance”. Community Legal Services of Mid-Florida 7/9/2015

Placement in Alternative Schools Alternative schools are often “dumping grounds” for unidentified or under-serviced students with disabilities. The IEP/504 plan is still in effect. Advocate to make sure that all supports/services are being provided Ask for increased supports through the IEP team process. Ask to see work product and copies of the curriculum from the student’s classes. Often these schools do below grade work. Community Legal Services of Mid-Florida 7/9/2015

Challenging a Suspension There is an appeal process for long term suspensions. Usually, it is a hearing before a group of school board members. Appeals are rarely successful. Try to avoid the appeal process and focus on the IEP process instead. Contest the manifestation determination; ask for a “do-over”. Gather evidence that the district was aware of the disability or other helpful information to present at the new M-D meeting. Community Legal Services of Mid-Florida 7/9/2015

GO FORTH AND BE BOLD REMEMBER You have the power to impact the educational outcomes of the kids you advocate for, meaning you may be your student’s “last best chance” to stay in school. For that reason: GO FORTH AND BE BOLD Community Legal Services of Mid-Florida 7/9/2015

Questions? Please feel free to send any questions regarding this webinar to: edu.advocacy@gal.fl.gov Once you have completed the webinar, please email training@gal.fl.gov to receive your certificate. Community Legal Services of Mid-Florida 7/9/2015