1. Applying Appropriate Discipline Practices.

2. Disclaimer 
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!!)

3. Say A Prayer? For Directors:
There are many strategies you might use when discipline issues arise.
Perhaps you are one of those who say a little prayer at the start of each school year that no one will need to be suspended for more than ten days.
Perhaps you have enlist the help of other personnel to assist you in ensuring students do not misbehave. For instance, one district asked the school resource officer to address school rules with students at the start of each school year. This might be a model you might like.
For Principals:
At the start of each school year:
Do you come back to your school pumped up and ready for a good year?
Do you ever experience that nagging feeling of who is going to cause trouble in your school this year?
Maybe you take proactive steps to ensure there are not going to be any discipline problems.
Maybe you say a little prayer.
Or maybe you enlist help from others. Perhaps your SRO?
Start video.

4. West Virginia Department of Education
Foreword
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

5. Session Objectives 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
One of the most common complaints that comes into our office centers around whether appropriate disciplinary practices have been applied to special education students.
Today I hope to provide you with information that will assist you in implementing appropriate disciplinary practices when the need arises.
Review objectives on screen.

6. Benefits to Appropriate Practices
Improved attendance rates
Decreased suspensions
Increased participation in assessments
Improved performance on assessments
Increased graduation rates
Decreased drop out rates
So, you have implemented a SWPBS program, but you still have one special education student who continues to misbehave. Now what?
Now you must consider utilizing appropriate disciplinary practices for this student.
Why is it beneficial to students and the district when appropriate disciplinary practices are utilized?
Research (and common sense) confirm that student achievement improves when students are in school. However, increasingly students are demonstrating significant behavioral concerns often resulting in school suspensions and expulsions.
Therefore, IDEA 2004 has embedded proactive research based strategies to address the improvement of student outcomes for those students who have chronic discipline problems (e.g., FBAs, behavioral goals, positive behavioral supports and strategies). Consistent implementation of these strategies should result in:
(REFER TO SLIDE)

7. Making Sense Out Of The Language Of Discipline
FAPE
Manifestation
Determination
Removals
Making Sense Out Of The Language Of Discipline
FBA
IDEA 2004 & POLICY 2419
How many of you have been responsible for the disciplinary practices in your county?
Any new administrators?
If you are a seasoned teacher or administrator, many of these terms may be familiar to you. If you are not familiar with these, I hope to introduce you to key terms relevant to appropriate disciplinary practices.

8. “Check Prior Knowledge!”
Briefly, complete the matching vocabulary exercise handout.
To help you gauge your knowledge of discipline terminology and procedures, briefly complete the vocabulary handout.
Now let’s see how you did as I quickly review some of the terminology we well be using today.

9. a. Procedural Safeguards d. FAPE b. Behavior Intervention Plan (BIP) e
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.

10. Understanding the Terms
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
Review terms—
Removals include any removal from the classroom due to disciplinary reasons including ISS.
Change of Placement---When considering a pattern, you must consider all of the criteria, not just one.

11. Understanding the Terms
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.
MDR is convened when a student’s disciplinary removals constitute a change of placement.
An FBA and BIP are best practice any time a student continues to have behavioral difficulties, but one is required to be completed or reviewed if the student’s behavior is a manifestation of a disability.

12. 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 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
FAPE must be provided whenever the special education student reaches the 11th day of suspension. How FAPE is provided varies on a case by case basis.
The provision of Procedural Safeguards to parents is required at various times but definitely upon a disciplinary removal that results in a change of placement.
Well, how did you do on your handout? Did everyone get them all? If you did, great. If not, that’s OK because hopefully you will be more familiar with them as we progress with this presentation.
Now that we understand some of the terms, let’s begin our discussion of implementing appropriate discipline procedures.

13. http://wvde.state.wv.us/specialeducationcom pliance/resources.html
At this point, you may want to refer to the discipline flowchart as I proceed to describe the utilization of disciplinary procedures for students with disabilities.

14. <11 Days of Removal Apply discipline as with all students.
No special procedures apply.
IDEA and Policy 2419 permit the removals of students with disabilities for up to 10 days in the same way as for students without disabilities.
This is sometimes referred to as the FAPE free-zone. You do not have to provide educational services for the special education student for these 10 days unless you provide educational services to other students.
However, students with disabilities are entitled to all of the due process rights afforded students without disabilities under WV Code §18A-5-1a. Whatever procedures are applied to general education students, you must apply to special education students. We’ll talk more about this later.
For each subsequent removal beyond 10 days, special procedures apply.
Keep in mind that you might avoid needing these procedures by consistently implementing a PBS program within your school, maintaining diligence on student discipline reports, conducting FBAs as needed, and convening IEP teams to consider interventions/goals and placement options before the student reaches the 11th day of removal.
GO T0 NEXT SLIDE: In your packet, you will find a brightly colored flowchart outlining the discipline procedures for students with disabilities. It may be helpful to follow this flowchart as I proceed with what to do when you reach the 11th day of removal and beyond.

15. 11+ Days of Removal Decision Number 1:
Does this removal constitute a change of placement for the student?
When a special education student reaches the 11th day of removal from the educational setting, the administrator faces two decisions to make.
Refer to question on the screen. The 1st decision: Does this removal constitute a change of placement?
What is a change of placement?

16. Change of Placement? 2 criteria to consider
Removal for >10 consecutive days OR
Removals constitute a pattern
There are 2 criteria to consider when determining whether a student’s removal is a change of placement.
The first criteria is an easy one. Are you suspending the student for more than 10 consecutive school days? If yes, it’s a change of placement. If the answer is no, you must consider the second criteria.
It is the second criteria that muddies the water a bit. Does the student’s record of removals constitute a pattern? This is not always clear, but it is better to err on the safe side in the event the situation goes to due process. When considering a pattern , there are 3 standards which must be examined.

17. A Pattern Exists When:
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.
Notice the key word AND on this slide. If the first criterion (removed for >10 consecutive days) is not met, the administrator must consider all of these factors (REFER TO SLIDE) and decide all of them exist in order to determine a pattern.
Cumulative school days include whole day removals and absences due to bus suspensions, if transportation is on the IEP and transportation was not provided. In determining a pattern, consideration may be given to removals due to in-school suspensions, if FAPE has not been provided during the removals (participate in general ed curriculum, receive services on IEP, be with non-exceptional peers).
A cautionary note with regard to reporting suspensions on WVEIS:
Any removal for disciplinary reasons is considered a suspension and must be coded as such. Calling a parent to pick up a child for a “cooling off” period is a suspension. Sending the student to the principal’s office for a period is a suspension. If the suspensions are not recorded accurately it will impact your decision making in determining a pattern. Parents of students with chronic behavior difficulties often keep a record of the times of suspension and will provide them to our office at the time of filing a complaint.

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

19. Not a Change of Placement
Apply discipline as with all students
Consultation required
Consider completing FBA
Consider interventions
If, after considering the student’s discipline data, you determine the disciplinary action is not a change of placement, you may apply the same discipline procedures to the student as you would for all students.
However, you have left the FAPE-free zone which means you must now provide educational services for the student.
IDEA and Policy 2419 require school personnel to consult with at least one of the student’s teachers to determine the extent to which educational services are needed to enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals in the IEP. These services must be in place for the student as of the first day of the removal. This may include decisions of sending the student’s work home or something more elaborate. However, it is imperative that the consultation is documented so in the event of a complaint there is proof it occurred.
At reaching the point where this decision must be made it may seem apparent the student has a continuing behavioral problem. Although not required, best practice would be to conduct a functional behavioral assessment and develop strategies and interventions to decrease the student’s inappropriate behaviors.

20. Change of Placement Notice of suspension (PWN) Procedural Safeguards
Schedule IEP team meeting
If it is determined the disciplinary action results in a change of placement, the parent must be provided two pieces of documentation on the same day the decision to suspend is made.
1. IDEA and 2419 require same day written notice of the removal. I’d like to make two points here.
a. The written notice must contain all elements required in PWN as you are changing the student’s placement. (See 2419, p116 for components and new PWN form—Hand out #3)
b. The suspension notice and/or PWN must be given to the parent on the date a principal decides to recommend expulsion to the superintendent. Although the BOE makes that final determination, the decision was made at the school by the principal.
2. Additionally, the parent must be provided a copy of the procedural safeguards.
***The district should document all attempts, including a home visit, to provide the parent with the documentation if the parent is inaccessible.

21. Is the student’s conduct a manifestation of the student’s disability?
Decision Number 2:
Is the student’s conduct a manifestation of the student’s disability?
When district personnel determine the disciplinary action results in a change of placement, a second decision must be made.
Refer to 2nd question on slide: Is the student’s conduct a manifestation of the student’s disability?
Within 10 school days of the suspension the IEP team, with membership determined by the parent and district, must meet to review all pertinent student information and determine if the student’s misbehavior is a manifestation of the student’s disability.

22. Manifestation of Disability?
Direct, substantial relationship, OR
Failure to implement IEP
The parent and IEP team must meet to review all pertinent information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents.
This review will provide information to determine:
If the conduct in question was caused by, or had a direct and substantial relationship to the student’s disability; or
If the conduct in question was the direct result of the district’s failure to implement the IEP.
If the district, parent and IEP team determine either of these conditions were met, the conduct must be determined to be a manifestation of the student’s disability.
If the parent and relevant members of the IEP team determine the student’s conduct is a manifestation of a disability because of a failure to implement the IEP, the district must take immediate steps to remedy those deficiencies.
SEE HANDOUT #4

23. Not a Manifestation IEP team determines need for FBA/BIP
IEP team determines services/setting
Apply discipline as with all students
After a review of all information, if the IEP team determines the student’s behavior is NOT a manifestation of a disability, the district must:
Provide, as appropriate, a functional behavioral assessment and behavior interventions/modifications that are designed to address the behavior violation so it does not recur. Again, an FBA/BIP is not required but is best practice.
Develop an IEP that specifies the educational services to be provided to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP.
Determine appropriate disciplinary actions which may include relevant disciplinary procedures applicable to students without disabilities.

24. A Manifestation of Disability
Conduct FBA, if none previous
Develop or review and revise BIP
Determine educational services
Return student to prior placement, unless other agreement
If the IEP team determines the student’s conduct is a manifestation of the student’s disability, the district must:
Conduct a FBA and develop a BIP if one has not been completed; or
Review and revise an existing BIP to address current behaviors;
Develop an IEP that specifies the educational services to be provided to enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the student’s IEP; and
Return the student to the placement from which the student was removed, unless the parent and the district agree to a change of placement as part of the modification of the BIP as determined by the IEP team.
In other words, if the behavior is determined to be a manifestation, it is no longer permissible to choose not to do a FBA and BIP as it was when it was not a change of placement or was not a manifestation. This is the one time the FBA and BIP are required.
You must also return the student back to the student’s educational placement prior to the incident, unless the parent and district agree to a change of placement as necessitated by the BIP.
A word of caution: A change of placement of OSE (homebound) is often considered and utilized for disruptive students. Policy 2419 specifies this type of placement is temporary. Therefore, long-term placements are inappropriate.
**Remember, these procedures may have been unnecessary with a consistently implemented school-wide PBS program, maintaining diligence on student discipline reports, conducting FBAs as needed, and convening IEP teams to consider interventions/goals and placement options before the student reaches the 11th day of removal.

25. Activity 2
Refer to hand out number 3 once again and with your neighbor answer questions 4 and 5.
BACK TO HANDOUT #2 Review answers seeking input from audience. Refer to answers on leader’s sheet.

26. Special Circumstances
Weapons
Drugs
Serious Bodily Injury
Discipline Procedures Addressed in:
WV School Code §18A-5-1a
IDEA 2004
Policy 2419
Due to the severity of some behaviors, special procedures are included in IDEA 2004, WV School Code §18a-5-1a and Policy 2419 for students with and without disabilities. These behaviors include incidents with weapons, drugs or serious bodily injury.
As mentioned earlier, students with disabilities are entitled to all of the due process rights afforded students without disabilities under WV Code §18A-5-1a. So, there is some overlap between the WV School Code and the special education laws in the procedures.
Refer to 2ND flowchart.
For instance, WV Code requires a student be given an informal hearing as soon as possible after the behavioral incident if the principal in determines the action warrants suspension or expulsion. Additionally, the principal is to provide the parents telephonic notice, if possible, of the informal hearing and same day written notice of the suspension. These procedures apply to students with and without disabilities. The principal may then suspend the student for a maximum of ten school days.
This is where the procedures diverge. For the special education student, the principal may unilaterally remove the student to an Interim Alternative Educational Setting (IAES). The IEP team must meet during within 10 school days to determine FAPE--the educational services and setting --for the student’s placement in the IAES. The student may remain in the IAES for not more than 45 days unless determined by a hearing officer that returning the student to the original placement is likely to result in injury to the student or others.

27. Federal Definitions 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
This slide shows the definitions of the behaviors for which special procedures apply.
Notice the severity of the behaviors needed in order for a principal to unilaterally remove the student to an IAES.
A weapon is defined as anything readily capable of causing death or serious bodily injury. (Exception: pocketknife with <2 ½” blade)
Serious bodily harm would not include behaviors such as slapping/pushing a teacher, throwing a chair that does not hit anyone, etc. does not necessarily warrant this type of a decision.

28. Right to Appeal Parent -- disagreement with placement
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
IDEA and Policy 2419 provide for an opportunity to appeal decisions made during disciplinary actions.
Parents or districts may file for a due process complaint (hearing) under certain conditions. A parent may file if the parent disagrees with the district’s placement decision or the result of the manifestation determination. A district may file a due process complaint if it believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others.
If a due process complaint is filed, the WVDE is responsible for conducting the hearing within 20 school days of the request for a hearing and rendering a decision within 10 school days of the hearing.
Stay Put. The student remains in the setting determined by the IEP Team pending the decision of the hearing officer or until the expiration of the disciplinary removal, whichever occurs first, unless the parent and district agree otherwise.

29. Other Considerations Request for Evaluation of Disciplined Student
Protection for Students Not Yet Eligible
Involvement with Law Enforcement
Transfer of Discipline Records
Here are a few additional considerations when dealing discipline issues. I will touch briefly on each of these.

30. Other Considerations (Cont.)
Request for Evaluation of Disciplined Student
Stay put
Expedited evaluation
Determine eligibility
Apply appropriate procedures
If a request for evaluation of a student not eligible for special education is made during a disciplinary action, the student remains in the educational setting determined by the district and an expedited evaluation is completed. This can mean the student remains suspended without services pending the results of the evaluation.
If later determined eligible for special education the district must:
1. Convene IEP Team
2. Conduct MDR
a. If manifestation, set disciplinary action aside, provide FAPE in the LRE
b. If not, continue disciplinary action, but IEP team determines FAPE

31. Other Considerations (Cont.)
Protection for Students Not Yet Eligible
Basis of knowledge
No basis of knowledge
A student who has not been determined eligible for special education may assert IDEA protections if the district had knowledge the student had a disability before the inappropriate conduct occurred.
What constitutes district knowledge of a student disability?
A district has knowledge if:
The parent/student has expressed in writing to the district that the student may need special education,
The parent/student has requested in writing to the district that the student be evaluated for spec. ed. and/or
District personnel have expressed to supervisory personnel a concern over a pattern of behavior of the student.
A district has no knowledge if:
The student was evaluated and deemed ineligible.
The parent/student did not consent in writing for an evaluation.
The parent/student refused special education services.

32. Other Considerations (Cont.)
Involvement with Law Enforcement
May report crimes by students
Must report students with firearms
Provide discipline & special education
records as permitted by regulations
IDEA and Policy 2419 provide guidance for addressing the criminal behaviors of students with disabilities.
The law states that districts may report crimes committed by students with disabilities to the appropriate authorities.
However, it states you must contact law enforcement if a student brings a firearm to school.
If you report a crime, you must provide copies of the student’s special education and disciplinary records to law enforcement authorities for their consideration to the extent permitted by the Family Educational Rights and Privacy Act (FERPA). Generally the release of records requires parent consent.
If records are released, law enforcement officials must certify in writing to the district that the information will not be disclosed to any other party, except as provided under State law, without prior consent of the parent/student.

33. Other Considerations (Cont.)
Transfer of Discipline Records
WV Code §18A-5-1a
WV Code requires that whenever a student transfers to a new school in-state, the principal shall provide written record of any disciplinary action taken against the student to the principal of the new school.
The procedures for this transfer of records can be found in WV BOE Policy 4350.

34. Too Much to Remember? You can always:
Start a PBS program at your school OR
Call Officer Mike! 

35. Questions?
Contact Rosemary Cook

36. Services during Disciplinary Removals
Type of Removal
Type of Services
Services Determined By:
<11 cumulative
days
Same as for all students
None Required
>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
Interim Alternative
Educational Setting
(IAES)
Same as #3 above