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The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations for the Education of Students with Exceptionalities and is not necessarily the sole philosophy of the presenter. (Please don’t shoot the messenger!!) 2

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 The use of a school wide positive behavior support program (SWPBS) may greatly reduce the need for the following information.  For more information regarding SWPBS please contact: Dr. Frances Clark West Virginia Department of Education

 Participants will: Identify the role of disciplinary requirements in relation to accountability for student results Apply knowledge of disciplinary language and requirements Identify various types of removals and their procedural requirements 5

 Improved attendance rates Decreased suspensions  Increased participation in assessments  Improved performance on assessments  Increased graduation rates Decreased drop out rates 6

Making Sense Out Of The Language Of Discipline 7 FBAFBAFBAFBA Removals

 Briefly, complete the matching vocabulary exercise handout. 8

a. Procedural Safeguards d. FAPE b. Behavior Intervention Plan (BIP) e. Functional Behavior Assessment (FBA) c. Manifestation Determination f. Removals g. Disciplinary Change of Placement ____1. a decision about relationship between disability and behavior _____2. series of removals that is a pattern based on factors such as length and proximity _____3. includes special education and related services provided at public expense _____4. method of determining purpose of behavior _____5. designed to include environmental adaptations, staff responses and methods of teaching replacement behaviors _____6. provides parents and adult students with their rights regarding the special education process _____7. includes suspensions, expulsions, or other instances in which student is sent home because of disciplinary purposes. 9

 Removals – any time a student is taken from the educational placement as a disciplinary action  Change of Placement ◦ Removal of more than 10 consecutive days; or ◦ Removals that constitute a pattern  > 10 cumulative school days  Similarity of removal behaviors and  Length, total time and proximity of removals 10

 Manifestation Determination Review (MDR)– a process the IEP team uses to decide if the behavior subject to discipline is inherent to the student’s disability.  Functional Behavior Assessment (FBA) – a method of determining the purpose of the behavior(s) subject to disciplinary action  Behavior Intervention Plan (BIP) – developed using FBA information, includes methods for teaching replacement behaviors, strategies for meeting student needs appropriately, environmental adaptations, etc. 11

 Free Appropriate Public Education (FAPE) – special education and related services Provided at public expense Meets WVDE standards & Policy 2419 requirements Includes preschool through high school Provided in conformity with the Individual Education Plan (IEP) Encompasses services necessary for the student  Procedural Safeguards - a document that informs parents/adult students of their rights regarding the special education process 12

 pliance/resources.html pliance/resources.html 13

 Apply discipline as with all students.  No special procedures apply. 14

 Decision Number 1: Does this removal constitute a change of placement for the student? 15

 2 criteria to consider Removal for >10 consecutive days OR Removals constitute a pattern 16

 the student’s cumulative removals are >10 school days, and  there is similarity of removal behaviors to previous behaviors, and  length, total time and proximity of removals have been considered. 17

 With a partner, consider the data and answer only questions 1,2 and 3. 18

 Apply discipline as with all students  Consultation required  Consider completing FBA  Consider interventions 19

 Notice of suspension (PWN)  Procedural Safeguards  Schedule IEP team meeting 20

 Decision Number 2: Is the student’s conduct a manifestation of the student’s disability? 21

 Direct, substantial relationship, OR  Failure to implement IEP 22

 IEP team determines need for FBA/BIP  IEP team determines services/setting  Apply discipline as with all students 23

 Conduct FBA, if none previous  Develop or review and revise BIP  Determine educational services  Return student to prior placement, unless other agreement 24

Refer to hand out number 3 once again and with your neighbor answer questions 4 and 5. 25

‣Weapons ‣Drugs ‣Serious Bodily Injury  Discipline Procedures Addressed in: WV School Code §18A-5-1a IDEA 2004 Policy

 Carries or possesses a weapon  Knowingly possesses, carries, or uses illegal drugs or sells or solicits the sale of a controlled substance  Inflicts serious bodily harm involving: A substantial risk of death Extreme physical pain Protracted and obvious disfigurement or loss/impairment of function of bodily member, organ or mental faculty to another person 27

 Filing of a due process complaint Parent -- disagreement with placement or manifestation determination District -- concern over potential injury if student maintains current placement  Expedited Hearing 28

 Request for Evaluation of Disciplined Student  Protection for Students Not Yet Eligible  Involvement with Law Enforcement  Transfer of Discipline Records 29

 Request for Evaluation of Disciplined Student Stay put Expedited evaluation Determine eligibility Apply appropriate procedures 30

 Protection for Students Not Yet Eligible Basis of knowledge No basis of knowledge 31

 Involvement with Law Enforcement May report crimes by students Must report students with firearms Provide discipline & special education records as permitted by regulations 32

 Transfer of Discipline Records WV Code §18A-5-1a 33

You can always:  Start a PBS program at your school OR  Call Officer Mike! 34

Contact Rosemary Cook

Type of RemovalType of ServicesServices Determined By: 1.<11 cumulative days Same as for all students None Required 2.>11 cumulative days (no change of placement) FAPE School personnel in consultation with teacher 3. Disciplinary change of placement  Participation in GEE  Progress toward IEP goals  FBA & BIP IEP Team 4.Interim Alternative Educational Setting (IAES) Same as #3 aboveIEP Team 36