SPECIAL EDUCATION: Discipline Basics The Training Institute on Disability Rights.

Slides:



Advertisements
Similar presentations
West Virginia Department of Education
Advertisements

Inappropriate Behaviors Resulting In Disciplinary Action Revised 7/9/2012 Policy 4373, IDEA, Policy 2419 and SPL Produced by NICHCY, 2007.
Special Education Student Discipline
1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations.
Manifestation Determination Review
Discipline Under the IDEA Tulsa Public Schools Special Education and Student Services Presenter: Cheryl Henry August, 2011.
1 Discipline of Students with IEPs Making Sense out of a Complex Topic.
Legal and Compliance Issues January 9,  IEP Implementation  Discipline.
1 The Individuals with Disabilities Education Improvement Act (IDEA 2004) Implementation Training Spring/Summer 2005.
Disciplinary Removals, Change of Placement, & Manifestation Determinations Wyoming Department of Education Special Programs Division February 2012.
Discipline Flowchart.
Special Education: Discipline Basics Lee Robbins Equip for Equality.
1 Quick Summary Student with a disability may be removed for no more than 10 consecutive school days for a disciplinary violation (unless exception applies).
Discipline of Students with Disabilities under IDEA 2004 October 2007.
Disciplining Students with Disabilities. Glossary of Terms Alternative Instruction Behavior Intervention Plan (BIP) Disciplinary Change In Placement Expedited.
1 PROCEDURAL DUE PROCESS. 2 Texas Education Agency provides Notice of Procedural Safeguards Rights of Parents of Students with Disabilities Download this.
Discipline and Manifestation Determination
Discipline Requirements Presented By The New Jersey Department of Education, Office of Special Education Programs December 2006.
Disciplining Students with Disabilities Kristina Krampe, 2005 EDS 513: Legal Issues in Special Education.
SPECIAL EDUCATION: Practical Tips About IEPs and Expulsion Hearings
What you need to know about an IEP
1 Behavior, Discipline and Students with Disabilities IDEA 2004 Provisions.
DISCIPLINE OF STUDENTS WITH DISABILITIES Presented by: Donald Griffin Education Specialist Division of Performance and Accountability Bureau of Indian.
Discipline Procedures When the IEP Team, including the parents, agrees to a change in placement for disciplinary reasons, there is no requirement to implement.
By Christina D. Ghio, Esq. The Law Office of Christina D. Ghio, LLC 1.
Behavior, Discipline and Students with Disabilities
Presented by: Elvin W. Houston.  A bus suspension counts as a day of removal if the IEP calls for transportation, the student is suspended from the bus.
MNU 7063 Ethical & Legal Issues in Sped Session 1 Tuesday, January 7, 2014 Dr. Judy Martin.
1 Interaction Between IDEA and School Expulsion for Misconduct.
Manifestation Determination and Bullying
Positive Behavioral Interventions & Supports General Overview of PBIS Intensive Tier Processes Module “Overview” Revised July 2010.
Special Education NEGOTIATING the ARC: WORKING in COLLABORATION TO EDUCATE OUR CHILDREN Leslie A. Jones September 13, 2007.
Special Education and Discipline April 8, What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,
1 Making Appropriate Manifestation Determinations Individuals with Disabilities Education Improvement Act – 2004 Parkway School District and Special School.
Discipline Part 201. The same disciplinary procedures that apply to all students apply to students with disabilities. However, there are additional requirements.
GOALS OF TRAINING Understand basic principles of special education discipline requirements Apply basic rules of special education discipline requirements.
Key Issues in the Discipline of Special Education Students Presented by Kisha Davis October 1, 2008 Bowie State University SPED 912: Critical Issues in.
Placement ARC Chairperson Training 1 Least Restrictive Environment (LRE) To the maximum extent appropriate, children with disabilities, including children.
Discipline & IDEA. Safe & Orderly Learning Environment All students must be accountable for their behavior If student’s behavior and disability are related,
Positive Behavioral Interventions and Supports Other Related Processes and Concepts Module – Revised July, 2010.
DISCIPLINE OF STUDENTS WITH DISABILITIES DISCIPLINE OF STUDENTS WITH DISABILITIES By Jason H. Ballum Reed Smith LLP 901 E. Byrd Street Suite 1700 Richmond,
1 Discipline and Change of Placement Issues Sherrie Brown Special Education and the Law WINTER 2010.
Required Services, Procedures, and Data Presented by Scott Hall 2009 Special Education Fall Conference Suspension & Expulsion.
Fall A SHORT HISTORY OF SPECIAL EDUCATION Special Education as we know it started with Public Law (Education of All Handicapped Children Act.
Analyzing a Court Decision An overview of IDEA/Discipline presented by Bart Fennemore.
The New IDEA in Special Education
Manifestation Determinations Review of Suspension Meetings And Review of Placement Meetings.
Significant Discrepancy in Suspension and Expulsion Rates in West Virginia: Barriers to Implementation of Discipline Policy and Procedures November 15,
Prior Written Notice of Action & Notice of Conference March 2014 ADE-SEU.
Your Rights! An overview of Special Education Laws Presented by: The Individual Needs Department.
Procedural Safeguards for Parents What Educators Should Know Michelle Mobley NELA Cohort III.
 The Manifestation Determination Process.  Becky Cain  Special Education Programs  Mother of three  Wife of one  I am not a lawyer!
Exceptional Children Program “Serving Today’s Students” Student Assistance Team.
Required Services and Procedures for Students with Disabilities Presented by Scott Hall and Ty Manieri 2010 Oregon Special Education Fall Conference Eugene,
U.S. Department of Education Office of Special Education Programs Discipline.
Discipline of Students with Disabilities under IDEA 2004 October 2007 Dr. Mary Anne Linden Title Slide.
Procedural Safeguards
Special Education Discipline
A Guide to Understanding Rights and Responsibilities
Student Discipline.
Manifestation Determination
Navigating the confusing world of school discipline
Discipline for Children with Disabilities under IDEA 2004
Disciplining Students with Disabilities
Section 504 Discipline Procedures
Faculty Meeting Resource
Disciplining Students With Disabilities
A REVIEW OF THE MDR PROCESS FOR STUDENTS WITH IEPs
Presented By: Eric G. Rodriguez
Do You Need Help Writing 504 Plans?
Presentation transcript:

SPECIAL EDUCATION: Discipline Basics The Training Institute on Disability Rights

Special Education: What You Need to Know 2 What about Discipline? Student with a disability may be removed for no more than 10 school days for a disciplinary violation (unless exception applies) More than ten days = change of placement (see following slides for details) Exception: can automatically remove a student with a disability for 45 school days if 1) a weapon; 2) Drugs; 3) Serious bodily injury

Special Education: What You Need to Know 3 45 SCHOOL Day Removal Weapon – “dangerous weapon” 18 U.S.C. § 930(g)(2) Drugs – Controlled Substance 21 U.S.C. 812(c)§ 202(c)I, II, III, IV, or V – Does not include legally possessed or used substances Serious Bodily Injury – “serious bodily injury” 18 U.S.C. §1365(h)(3)

Special Education: What You Need to Know 4 WEAPONS EXCEPTION The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.

Special Education: What You Need to Know 5 SERIOUS BODILY INJURY Serious Bodily Injury is defined as: (a) a substantial risk of death; (b) extreme physical pain; (c) protracted and obvious disfigurement; and (d) protracted loss or impairment of the function of a bodily member, organ, or mental function.

Special Education: What You Need to Know 6 What about Discipline? Suspensions/Removal - All students “removed” are to get services to prevent recurrence of behavior resulting in removal – should be added to IEP Expulsions – FAPE services must still be provided so student can be able to “participate in general education curriculum” and “progress towards meeting goals set out in IEP.” Before an expulsion can take place, must hold Manifestation Determination Review (MDR)

Special Education: What You Need to Know 7 MANIFESTATION DETERMINATION REVIEW MDR is a meeting that occurs within ten school days of decision to change a student’s placement – School’s actions are change of placement when student is suspended for more than ten consecutive days or series of days that “constitute a pattern” exceeding 10 days in a year. Only “Relevant” Members of IEP Team attend to determine if student’s behavior is a manifestation of his/her disability

Special Education: What You Need to Know 8 What does it mean for behavior to be a manifestation of a disability? Behavior is a manifestation of a disability if: – “caused by” the disability or – “Direct or substantial relationship to the disability” or – “direct result” of the school’s failure to implement the student’s IEP If student’s behavior is manifestation of disability, student can’t be expelled without parent consent and must be returned to pre-removal placement (unless drugs, weapons, or serious bodily injury)

Special Education: What You Need to Know 9 If behavior is manifestation of disability, what must the school do? Functional Behavior Assessment (FBA) – evaluation to show relationship between behavior and what happens in student’s environment Behavior Intervention Plan (positive interventions)

Special Education: What You Need to Know 10 What if behavior is not a manifestation of a disability? If behavior is not a manifestation of a disability, school can use same discipline measures as with other students BUT school must continue providing FAPE

Special Education: What You Need to Know 11 What is the goal at a MDR? GOAL: To show that behavior IS a manifestation of student’s disability

Special Education: What You Need to Know 12 How do I know if the FBA and BIP are appropriate? A good BIP concretely defines problem behavior: – E.g. BIP should not state “Dan is aggressive often during the school day.” It should state “Dan hits other students during unstructured times of the day (passing period, lunch, and recess) approximately three times per day.” Look at whatever occurred before negative behavior began (I.e. triggers)

Special Education: What You Need to Know 13 FBA and BIPs continued BIPs should discuss more appropriate replacement behaviors – I.e. instead of throwing a book when agitated in class, encourage the student to ask for a hall pass to see the school social worker Change antecedents to behavior – I.e. if cursing occurs every time a student with a learning disability is assigned challenging math homework, consider changing antecedent (assignment of challenging math homework) by having student complete the work in resource room or with peer tutor.

Special Education: What You Need to Know 14 Appealing Disciplinary Removal File for due process Hearing - Expedited – 20 school days from request – 10 days for decision

Special Education: What You Need to Know 15 What if school wants to expel a student who has not yet been found eligible for special ed? Students not yet found eligible for special ed may still be protected by IDEA under certain circumstances: – Parent stated in writing to a supervisor, administrator or a teacher that child may need special ed – Parent requested evaluation – Teacher/staff expressed specific concerns abut child’s pattern of behavior directly to director of special ed or other supervisory person

Special Education: What You Need to Know 16 When are students not yet found eligible for special ed not protected? Not protected if: – Child previously evaluated and found ineligible – Or parent refused special ed or evaluation in past

Special Education: What You Need to Know 17 Student Discipline Not Yet Eligible School did not have “knowledge” – Same discipline as non-disabled kids If school did have “knowledge,” then the student is protected by IDEA.

Special Education: What You Need to Know 18 HYPOTHETICAL 1 Your client, who is diagnosed with a behavioral disorder and is receiving special education services, recently brought drugs to school. The school is holding a MDR. The school finds that the student’s behavior is not a manifestation of his disability and informs you that your client cannot return to school ever and the school will provide the student with no special education services. Can the school do this? Why or why not?

Special Education: What You Need to Know 19 HYPOTHETICAL 2 Jennifer is a fifteen-year-old student with bipolar disorder who recently was caught by the school’s security guard with gang drawings on her notebook. The school is about to hold an MDR for Jennifer. What should the parent argue at the meeting? If the school finds that Jennifer’s behavior is not a manifestation of her disability, can they expel her? If they expel her, do they need to provide her with any special education services at all? If Jennifer’s parents disagree with the school’s decision that Jennifer’s behavior is not a manifestation of her disability, what can her parents do?

Special Education: What You Need to Know 20 Expulsion Hearings: Illinois School Code 105 ILCS 5/10 ‑ 22.6 Accessible at

Special Education: What You Need to Know 21 Expulsion Hearings (in general) An expulsion is a removal of a student from school for more than 10 days in a row A student may be expelled for a definite period of time from 11 days up to 2 years.

Special Education: What You Need to Know 22 What happens before the hearing? School must send written notice of the behavior for which it believes your child should be expelled. The notice must include the reason that the school is considering expelling your child and the date of the MDR. School must send notice in writing and by certified mail inviting student and parent to attend expulsion hearing.

Special Education: What You Need to Know 23 At the Expulsion Hearing Right to call witnesses Present evidence Cross-examine District’s witnesses

Special Education: What You Need to Know 24 Who will be at the expulsion hearing? Student and parent should go. School District may have an attorney. Often people who were involved in or witnessed the incident are there. A school administrator may be there.

Special Education: What You Need to Know 25 Who decides whether a student will be expelled? Depends on the School District. Sometimes the Board of Education of the District makes the decision. Other Districts have hearing officers who make the decision.

Special Education: What You Need to Know 26 Can expulsion hearings be appealed? Yes. If a student is expelled, the student can appeal this decision in state court. The District may have an internal appeal policy and, if so, the student must first exhaust through the internal appeal policy prior to filing in state court.

Special Education: What You Need to Know 27 Expulsions from Chicago Public Schools The Student Code of Conduct (SCC) outlines CPS disciplinary policies For a copy, contact the Law Department at (773) If CPS is going to expel a student, the District sends a “Notice of Request For Disciplinary Hearing” letter. Closer to date that hearing will take place, CPS then sends a “Notice of Disciplinary Hearing.”

Special Education: What You Need to Know 28 Who is present at CPS expulsions? Hearing Officer appointed by the Board of Education CPS “Prosecutor” Student and Parent Any witnesses Usually a school administrator

Special Education: What You Need to Know 29 Any chance at settling an expulsion hearing? Depending on the offense, CPS and student may come to an agreement for student to attend the SMART program.

Special Education: What You Need to Know 30 Expulsion Case Law: Colquitt v. Rich Township, 699 N.E.2d 1109 Do not have a legal right to a court reporter at expulsion hearings Do have the right to cross-examine accusers (with the potential exception that one may not be able to cross-examine an accuser if that would put the accuser in danger)

Special Education: What You Need to Know 31 Expulsion Case Law: Robinson v. Oak Park, 571 N.E.2d 931 In reviewing the Board's action to determine whether it has abused its discretion, the court must consider (1) the egregiousness of the student's conduct; (2) the history or record of the student's past conduct; (3) the likelihood that such conduct will affect the delivery of educational services to other children; (4) severity of the punishment; and (5) the interest of the child.

Special Education: What You Need to Know 32 Does 105 ILCS 5/ of the Illinois School Code apply to charter schools? No. Charter schools are exempt from the expulsion section of the Illinois School Code. Look to the charter school’s Student Code of Conduct and ensure that the charter school is following its own code. Charter school does have to follow all relevant case law (I.e. offer opportunity to cross- examine accusers, consider the Robinson factors, etc.)

Special Education: What You Need to Know 33 Questions????