Required Services, Procedures, and Data Presented by Scott Hall 2009 Special Education Fall Conference Suspension & Expulsion

Topics Covered  OAR’s related to discipline of special education students  OAR through OAR  Discipline Incidents Collection Student Learning & Partnerships2

Four Main Subsets Student Learning & Partnerships3  Disciplinary Removals for up to 10 school days  Disciplinary Removals over 10 school days (no pattern)  Disciplinary Removals over 10 school days (pattern or consecutive)  Removals to Interim Alternative Educational Setting (IAES)

OAR  Definitions  Current education placement, described in current IEP’s annual determination of placement  Disciplinary removal, suspension, expulsion, or removal from school for disciplinary reasons Student Learning & Partnerships4

OAR cont. Disciplinary removals do not include:  Removals by other agencies or public health reasons  In school suspensions if student has access to general curriculum, IEP services, and participate with nondisabled peers  Bus suspensions unless a related service Student Learning & Partnerships5

OAR  Disciplinary Removals for up to 10 school days  Not considered a change of placement  Provide same services to special education student as general education student (access to general curriculum and special education services) Student Learning & Partnerships6

OAR cont.  Behavior Manifestation not required  Student transfers from out of state (suspension days not counted)  Student transfers within state (suspension days counted if known) Student Learning & Partnerships7

OAR  Disciplinary Removals over 10 school days (no pattern)  Not considered a change in placement  Schools (identified team) determine on case by case basis if pattern: A.Behavior is similar to previous incidents resulting in removal B.Length, total time, proximity Student Learning & Partnerships8

OAR cont.  Services required; general curriculum, and meeting IEP goals  School with student’s teacher(s) determine services, location, delivery  Manifestation determination not required Student Learning & Partnerships9

OAR  Disciplinary Removals over 10 school days (consecutive or pattern)  Is considered a change in placement  Manifestation determination required (within 10 school days of decision) Student Learning & Partnerships10

OAR cont.  If behavior is an manifestation: oReturn student to placement oConduct functional behavior assessment (FBA) oDevelop or modify behavioral plan to address behavior Student Learning & Partnerships11

OAR cont  If behavior is not an manifestation: oStudent is discipline same as general education students oSame day decision to change placement notify parents and provide procedural safeguards Student Learning & Partnerships12

OAR cont  Provide services to student, IEP team determines services, location, delivery  If appropriate, conduct FBA (not required) Student Learning & Partnerships13

OAR  Manifestation Determinations (MD)  Team: district, parent, IEP team members (determined by parent and district)  Review: student’s file, IEP, teacher observation, information from parent  Determine: A.Conduct was caused by or direct relationship to disability OR…. Student Learning & Partnerships14

OAR cont. B.Conduct result of district failure to implement IEP  If A or B apply then conduct is manifestation of student’s disability  If B district required to take immediate steps to remedy deficiencies (implement full IEP) Student Learning & Partnerships15

OAR  Removal to Interim Alternative Educational Setting (IAES)  Special circumstances: Weapons, Drugs, Serious Bodily Injury (SBI)  Removal for same time as general education student or up to 45 school days  Is considered a change in placement Student Learning & Partnerships16

OAR cont.  Manifestation determination required (within 10 school days of decision)  IAES can continue without regard to MD  MD outcome will impact plan when IAES ends and if FBA is required  Same day decision to change placement notify parents and provide procedural safeguards  Provide services to student, IEP team determines services, location, delivery Student Learning & Partnerships17

Options  Change of placements (Over 10 day removals) behavior is manifestation student to return to placement (OAR )  IEP team (parent and district) agree to change of placement  Special circumstances (W, D, SBI) IAES for up to 45 school days Student Learning & Partnerships18

Options cont.  Administrative Law Judge (ADJ) up to 45 school days (OAR )  ADJ removal to IAES Injurious Behavior  Injurious Behavior likely to result in injury to self or others  Procedures can be repeated by district if needed Student Learning & Partnerships19

Options cont.  Parent request Due Process hearing over Manifestation Determination, removal, placement due to disciplinary removal (OAR )  Student remains in IAES placement setting pending outcome of due process hearing Student Learning & Partnerships20

Options cont.  Protections of students not yet identified (OAR )  Student’s entitled to IDEA protections if district “had knowledge” of possible disability (Child find) before the behavior of discipline action Student Learning & Partnerships21

Options cont.  If an evaluation is requested it must be conducted in expedited manner  Student remains in education placement determined by district  Placement can include expulsion, suspension, etc. Student Learning & Partnerships22

Questions? Student Learning & Partnerships23

Discipline Incidents Data Collection  Schools report disciplinary incidents to Oregon Department of Education  Discipline Incidents collection May 1 st through June 30th  Final Verification Process Student Learning & Partnerships24

 Collection documents on district web page  Instruction manual, file layout, V-tel presentation Discipline Incidents Data Collection Student Learning & Partnerships25

File Layout  Student Level Collection  Row 38 Special Education Flag  Row 53 SECC Students Primary Disability  Row 54 Discipline Action Date Student Learning & Partnerships26

File Layout  Row 55 Discipline Action Type Code  Row 63 Discipline Modifier Code  Row 64 Discipline Days  Row 65 Interim Educational Services Flag Student Learning & Partnerships27

Special Education Q:Why is it important for Special Education staff to be knowledgeable of the Discipline Incidents collection? Student Learning & Partnerships28

Special Education Student Learning & Partnerships29 A: Annual Performance Report (APR) Indicator B4: Rates of suspension and expulsion Oregon’s definition of significant discrepancy Weighted risk ration >2.0 IDEA students and >3 IDEA-eligible students with greater than 10 days suspension/expulsion.

Questions? Student Learning & Partnerships30 Scott Hall, Education Specialist Oregon Department of Education Monitoring, Systems and Outcomes Title IV-A Safe & Drug-Free School and Communities