West Virginia Department of Education Introducing ……. Policy 2419: Regulations for the Education of Students with Exceptionalities West Virginia Department of Education

Session III Chapter 7 Discipline Presented by… Rosemary Cook Compliance Coordinator Office of Assessment and Accountability West Virginia Department of Education

West Virginia Department of Education Policy 2419 West Virginia Department of Education

West Virginia Department of Education Introducing…. Policy 2419: Regulations for the Education of Students with Exceptionalities http://wvde.state.wv.us/intro2419/ West Virginia Department of Education

Office of Special Programs, Extended and Early Learning http://wvde.state.wv.us/ose/ West Virginia Department of Education

West Virginia Department of Education Training Components Presentation Supplementary materials Participant notes Policy 2419 (final document or bill analysis version) Participant questions and WVDE responses Training Calendar Policy 2419 Training Synopsis West Virginia Department of Education

West Virginia Department of Education Session IIII Map West Virginia Department of Education

West Virginia Department of Education Advance Organizer Provide a working knowledge of discipline requirements including any significant revisions to the Policy since the final IDEA regulations went into effect on October 13, 2006. Continue the dialogue with interested stakeholders across the state regarding implementation of the policy and gather information for additional technical assistance. West Virginia Department of Education

Understanding the Terms Removals – include all “removals” from the educational placement considered as a disciplinary action Change of Placement Removals total > 10 consecutive school days or Removals constitute a pattern West Virginia Department of Education

Understanding the Terms Manifestation Determination – 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 p. 147 West Virginia Department of Education

Understanding the Terms Behavior Intervention Plan (BIP) – developed using FBA information, includes methods for teaching replacement behaviors, strategies for meeting student needs appropriately, environmental adaptations, etc. p. 142 West Virginia Department of Education

Understanding the Terms 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 Individualized Education Program (IEP) Encompasses services necessary to enable the student to continue to participate in the general curriculum and to progress toward meeting the goals set out in the student’s IEP p. 147 West Virginia Department of Education

“FAPE-free Zone” No Special Procedures Apply p. 86 During initial ten day removal for violation of school’s code of conduct: Same disciplinary actions as a general education student No educational services provided No functional behavioral assessment required No manifestation determination required West Virginia Department of Education

Disciplinary Change of Placement p. 85 Definition: Removal for more than 10 consecutive days, or Series of removals that constitute a pattern, that is: Beyond ten cumulative days in a school year, Student’s behavior is similar to other removal behaviors, and Presence of other factors such as length of removals, total time removed and proximity of removals to one another. West Virginia Department of Education

In School Suspensions p. 85 Portions of a school day that a student has been suspended may be considered as a removal in regard to determining whether there is a pattern of removals. West Virginia Department of Education

In School Suspensions p. 85 Not considered part of the days of suspension as long as student is afforded: the opportunity to continue to appropriately participate in the general curriculum, continue to receive services specified on the student’s IEP and continue to participate with non-disabled students to the extent they would have in their current placement. West Virginia Department of Education

West Virginia Department of Education Bus Suspensions p. 85-86 Counts as a day of removal if transportation is part of a student’s IEP unless district provides alternate mode of transportation. If not part of IEP, parents have obligation to transport student to school. IEP Team may need to address bus behaviors in IEP or BIP. West Virginia Department of Education

District Actions When Removals Are Not A Change in Placement p. 86 Subsequent removals of 10 days or less require: Extent of services determined by school personnel in consultation with at least one of the student’s teachers Must enable student to participate in general curriculum and make progress toward meeting IEP goals West Virginia Department of Education

West Virginia Department of Education Best Practice Although no longer required, consider: FBA, as appropriate Behavioral goals or BIP To improve attendance and achievement West Virginia Department of Education

West Virginia Department of Education District Actions When Considering a Disciplinary Change of Placement p. 86 Provide same day written notice of removal (PWN) and procedural safeguards notice Within 10 days of decision to change placement, meet with parents and relevant members of IEP Team to conduct a manifestation determination West Virginia Department of Education

West Virginia Department of Education District Actions… If not a manifestation: p. 87 Determine appropriate disciplinary action, may include those procedures applicable to a student without disabilities Convene IEP Team to develop IEP that specifies services to enable student to: Participate in general curriculum Make progress on IEP goals As appropriate, provide FBA and behavior intervention services designed to address behavior violation so that it does not recur West Virginia Department of Education

West Virginia Department of Education District Actions… If a manifestation: p. 87 The IEP Team shall: conduct a FBA and develop a BIP if one has not been completed or review existing BIP and revise, as needed, and Return the student to placement from which the student was removed. IEP Team may change placement as part of BIP. West Virginia Department of Education

West Virginia Department of Education Special Circumstances – regardless of manifestation determination p. 87 When a behavior violation involves weapons, illegal drugs or serious bodily injury, the district may unilaterally remove student to a 45 day Interim Alternative Education Setting (IAES) West Virginia Department of Education

West Virginia Department of Education Policy 2419 refers to the federal definitions for these special circumstances: p. 88 Carries or possesses a weapon at school or a school function; or Knowingly possesses, carries, or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function; or Inflicts serious bodily harm West Virginia Department of Education

Serious Bodily Harm Defined p.158 a bodily injury that involves: (1) A substantial risk of death; (2) Extreme physical pain; or (3) Protracted and obvious disfigurement; or protracted loss or impairment of the function of the bodily member, organ, or mental faculty to another person at school, on school premises, or at a school function. West Virginia Department of Education

FAPE Requirements in an IAES pp. 88-89 IEP Team must create/select an IAES that enables the student to: Continue to participate in the general education curriculum; and Progress toward meeting the goals set out in his or her IEP; and Receive, as appropriate, an FBA and behavioral intervention services to address the behavior violation so that it does not recur. West Virginia Department of Education

Services During Change of Placement Removal(s) For all change of placement removals, the IEP Team determines FAPE. West Virginia Department of Education

West Virginia Department of Education Expedited Hearing p. 89 Within 20 days; 10 days to provide decision Requested by parent when in disagreement with manifestation determination, disciplinary change of placement or district placement in IAES West Virginia Department of Education

West Virginia Department of Education Expedited Hearing p. 89 Requested by district: When special circumstances exist, When maintaining the current placement is substantially likely to result in injury to the student or to others, and If student remains dangerous, to allow an additional IAES placement for not more than 45 days West Virginia Department of Education

Protections for Students Not Yet Eligible p. 90 Student may seek protections of IDEA if: District had knowledge that a student was eligible Parent expressed concern in writing Parents requested an evaluation Teacher or other personnel expressed concern West Virginia Department of Education

Exception to Protections for Students Not Yet Eligible pp. 90-91 Student is not eligible for protection if: Eligibility Committee determines that the student did not have a disability; The parent/adult student does not give written consent for an evaluation; and  The parent/adult student refuses special education services. West Virginia Department of Education

West Virginia Department of Education Parent/Adult Student Request for Evaluation of a Disciplined Student p. 89 Conduct evaluation in an expedited manner Student remains in placement determined by district If determined eligible: Convene IEP Team meeting and develop IEP Conduct a manifestation determination If behavior had direct and substantial relationship to disability, set aside disciplinary action and provide FAPE in the LRE. (implement IEP) West Virginia Department of Education

West Virginia Department of Education Parent/Adult Student Request for Evaluation of a Disciplined Student pp. 89-90 If eligible but behavior is not determined a manifestation, student is subject to disciplinary action but must receive FAPE for removals beyond 10 cumulative days If not eligible, apply the same disciplinary actions as applied to all other nondisabled students who engage in comparable behaviors West Virginia Department of Education

West Virginia Department of Education Reporting Crimes p. 91 Nothing in IDEA 2004 shall be construed to prohibit a school from reporting a crime committed by an eligible student. District reporting a crime shall ensure that copies of the special education and discipline records of the eligible student are transmitted to the appropriate authorities. West Virginia Department of Education

West Virginia Department of Education Closing Questions Responses to questions submitted will be posted within three business days on the Introducing…Policy 2419 and the OSP websites Evaluation West Virginia Department of Education