DISCIPLINE PROCEDURES For Special Education Students

W HO IS ELIGIBLE FOR S PECIAL E DUCATION P ROTECTIONS ? A student who has been identified and determined eligible A student who is in the process of evaluation prior to disciplinary action A student that the district knew or should have known was a child with a disability

To Get The Conversation Started… For each individual student and each specific situation, the required disciplinary procedures may be different. It is extremely important to examine each disciplinary situation as unique and carefully analyze the behavior that is subject to disciplinary action. SC State Regulations (Dec. 4, 2008)

R EGARDING S TUDENT S PECIAL EDUCATION SERVICES … The student’s current setting is assumed to be appropriate and necessary for continued achievement If problem behaviors develop into a “pattern of behavior”, the IEP team needs to address these behaviors proactively Create or change the behavior plan Change or increase services When problem behaviors are addressed reactively (disciplinary actions), the student’s needed services are almost always affected The district’s focus should be on prevention

S HORT -T ERM VS L ONG -T ERM R EMOVALS IDEA recognizes there must be a balance between IDEA guarantee of appropriate services, and Administrators/teachers need to maintain discipline and order in school settings Short-term actions are available so administration can take action quickly and with little complication – You’ve got 10 days!!! After 10-days, things get more complicated

WHEN A STUDENT WITH A DISABILITY VIOLATES CODE OF CONDUCT… A review of the student’s behavior records indicates that disciplinary action for THIS violation will either: Not exceed10 consecutive or cumulative days removal (short-term) Exceeds 10 days removal (long-term), or Exceed 10 days removal, but does not constitute a pattern of behavior/change of placement (something in-between)

S HORT -T ERM R EMOVALS For consecutive or cumulative removal of up to 10 days, IDEA does not include right to manifestation determination, IEP review, or to educational services during removal, as long as: The student has violated the code of conduct The student is treated the same as a student without a disability

S HORT -T ERM R EMOVALS Students with disabilities may be suspended for more than 10 cumulative days if “no change of placement” is established for the behavior in question Our school lawyers have said that, practically speaking, principals may have another 3 to 5 days, at the most, to extend short-term removals if the behavior is different from previous problem behaviors.

D ETERMINING A C HANGE OF P LACEMENT School officials can conclude that there IS NOT a change of placement in any of 3 ways: 1. “This is not a change of placement because the total number of days is 10 or less.” (We knew that!) 2. “This is not a change of placement because the student’s earlier behavior (s) that led to removal is not similar.” 3. “After analyzing the additional factors of length of each removal, the total amount of time and the proximity of the removals to one another, I have concluded there is no cessation of services and it is not a change of placement.”

L ONG -T ERM R EMOVALS If student is determined to have committed offense that violates school code of conduct that will result in a removal that exceeds 10 days… Notify parents of the decision to take disciplinary action and give them a copy of their IDEA rights Schedule a Manifestation Determination Meeting within 10 days Immediately contact your school psychologist to determine who will set up the meeting

M ANIFESTATION D ETERMINATION Manifestations are triggered by single behavior infractions and that is the behavior that must be manifested. The manifestation determination meeting includes a review of previous infractions, but those behaviors (and any future behaviors) are not the subject of the manifestation.

M ANIFESTATION D ETERMINATION Meeting is held with district, parent, and relevant members of IEP team within 10 days of the decision to remove the student/change the student’s placement The team reviews all relevant information in student’s file, IEP, behavior plan, teacher observations, and relevant information from parents. The form will guide the team through this

M ANIFESTATION D ETERMINATION The behavior is a manifestation if: The behavior was caused by, or had a direct & substantial relationship to the child’s disability, or The behavior was a direct result of the failure to implement the IEP IDEA-2004 no longer requires consideration of whether: IEP, services, & placement were appropriate disability impaired the child’s ability to understand the impact & consequences of behavior or to control the behavior

IF BEHAVIOR IS A MANIFESTATION… The student must be returned to the placement from which he/she was removed, unless: The parents and the school agree to the change of placement as part of the modification of the BIP Conduct FBA and write/review BIP This option has been overused! Teams need to work on the programs, not removing students from their services! Special circumstances exist (specified by IDEA)

S PECIAL C IRCUMSTANCES Principals can unilaterally remove a student to an IAES (Interim Alternative Educational Setting) for up to 45 days regardless of whether there is a causal relationship to the student’s disability if the student: Carried or possessed a gun or dangerous weapon Knowingly possessed or used illegal drugs Sold or solicited a controlled substance Inflicted serious bodily injury on another at school, on school premises, or at school function.

IF BEHAVIOR IS NOT A MANIFESTATION… The student may be disciplined, suspended, or expelled the same as a student without a disability, except that the student must continue to receive FAPE for any removal of more than 10 days The IEP team can also make changes to the student’s program or IEP in response. They don’t have to discipline the student in the standard way!

W HAT P ROACTIVE S TEPS W ILL H ELP ? Keep track of how many days of out-of- school suspension the student has accumulated to date. Partial days of more than 50% out of school count as one-day of suspension. In-school suspension and after-school detention do not constitute a change in placement as long as the student has access to services and FAPE.

W HAT P ROACTIVE S TEPS W ILL H ELP ? When the student has accumulated more than 5 days of suspension, consider involving the IEP to take proactive measures to address the pattern of behavior: Conduct a Functional Behavioral Assessment (FBA) and A Behavior Intervention Plan (BIP) written based on the results of the FBA. Consider adding behavioral goals to the IEP Consider the need for programming modifications

W HAT P ROACTIVE S TEPS W ILL H ELP ? The IEP team needs to offer the administration consideration BEFORE things get too far along, and Viable, workable, creative instruction and/or behavioral options The idea must be to keep in school where the programs and resources are!

R EGARDLESS OF W HAT H AS T AKEN P LACE IN THE P AST … Students cannot be unilaterally removed by the school administration for up to 45 days for lesser infractions than guns, drugs, serious bodily harm There is no other “45 day” option The option for parents and the school to agree to a “change of placement” shouldn’t be overused Manifestation determinations are only scheduled in response to specific behavioral instances that occur. They cannot be held in “anticipation” of future behaviors.

R EGARDLESS OF W HAT H AS T AKEN P LACE IN THE P AST … AES IS NOT: a special education placement option for “specially designed instruction” an alternative program at the Flex Center A replacement for an appropriate alternative program Was never intended to replace or even equal the resources and programs that are in or can be developed in the schools AES is continuation of FAPE required by disciplinary actions taken by the school or district. (Continuation of Services)

R EGARDLESS OF W HAT H AS T AKEN P LACE IN THE P AST … Teams must develop or update Positive Behavior Intervention Plans (BIPS) to be effective – in any setting. Plans should include strategies for: Preventing – How will we change the situations that seem to be associated with the problem behavior? Teaching – What other behavior or skill will be taught that will meet the student’s purpose in a more acceptable way? Reacting – How will adults react when the behavior occurs in a way that does not “feed into” the child’s purpose, cause greater upset or stress, or punish the child?

P LANS SHOULD INCLUDE STRATEGIES FOR : Using the Plan – What arrangement are needed to make follow-through of the plan occur? What is the timeline? Who has to be involved? How ill progress be measured?