1. EXCEPTIONAL CHILDREN DIVISION
IEP TEAM TRAINING
Module 15
Discipline

2. Review IDEA Procedures for Discipline Examine Case Studies
Module Objectives
Disclaimer…
Review IDEA Procedures for Discipline
Examine Case Studies
Identify Common Pitfalls
Presenter Notes:
Disclaimer:
1. LEAs may have operational practices that differ from the requirements of federal regulations and state policies. LEAs can always choose to exceed federal and state policies. This presentation will address the discipline provisions of the IDEA 2004 and NC Policies Governing Services for Students with Disabilities.
2. Every discipline situation in an LEA will be different. It is critical that when sharing information and seeking advisement regarding a specific situation, that all details are shared and clearly disclosed. “The devil is in the details” is a very true statement as it relates to discipline. One detail omission could very well change the recommendation. Full disclosure.

3. Policy & Resource References
NC Policies Governing Services for Children with Disabilities
Section Pages
Specifically References Positive Behavioral Supports-PBS
Federal Analysis of Comments & Changes

4. The Analysis of Comments & Changes discusses administrative flexibility in decision making as it relates to disciplinary action. The discipline section was intentionally written in vague terms…not prescriptive. It relies on the ability of all school personnel to demonstrate common sense and good judgment.
Presenter notes: The following slides will allow you to test your knowledge of discipline procedures. Throughout the presentation, all of the questions will be addressed.
At the conclusion of the presentation, we will revisit the questions.
(Another activity idea is to have a pre-test handout printed to distribute to participants.)

5. Check Your Knowledge IDEA & Discipline for Students with Disabilities

6. How does the typical school respond to “perceived” problem behaviors?
Presenter Notes:
Schools often use removal to manage perceived problem behaviors.
Rarely, does a removal from school change the behavior of the student in question.
Removals are often used as an opportunity for the school, class, teacher, etc. to regroup from the perceived disruptive behavior. In some situations, removals are non-optional. A critical error schools make during the time a student is removed is not utilizing the time to determine what will be done differently for the student when he/she returns that will likely prevent the behavior from reoccurring.
With this in mind, it is very important for schools to use only the amount of removal that will be necessary for them to retool. IDEA 2004 provides a great deal of administrative flexibility in making determinations regarding removal. We will discuss this administrative flexibility a bit later in the presentation.
It is also important for LEAs to consider how the Student Code of Conduct is written. Does the Code of Conduct allow for administrative flexibility or is it so prescriptive that administrative flexibility is not an option?

7. If the only tool you have is a hammer, everything looks like a nail.

8. Positive Behavior Support
A NEW TOOL

9. All Students in School Students with Chronic/Intense Problem Behavior
Students At-Risk for Problem Behavior
Students without Serious Problem Behaviors
1 to 5% Specialized
Individual Interventions
5 to 15% Targeted Group
Interventions
80 to 90% Universal School-wide Interventions
All Students in School

10. Presenter Notes:
Let’s consider Linus.
Linus is progressively getting more and more frustrated. As he places the ball in the closet and walks away stating, “You can come out when you learn to behave” we need to consider, given that Linus is using a regulation size ball and a regulation size goal, what does Linus need in order to be successful? (Field ideas from audience)
Linus is in need of skills…and so are the students we teach.
“When a student does not know how to read, we teach. When a student does not know how to do math, we teach. When a student does not know how to behave, we punish.”
Until schools embrace the concepts of pbs and decide that teaching students the desired and expected behaviors of the school environment, we will continue to struggle with perceived problem behaviors.
NCDPI will provide PBS training for your LEA.

11. Even in a perfect world… Sometimes disciplinary action is non-negotiable… How do schools enforce codes of conduct and remain compliant with IDEA?
Presenter Notes:
Schools are encouraged to utilize positive behavior supports and interventions for all students. However, there are instances in which disciplinary action for violations of the student code of conduct are required. In these situations, the goal should be to enforce the code of conduct and remain compliant with the requirements of IDEA and NC Policies.

12. Disciplinary Due Process Rights of All Students
The student has the right to explain his/her version of what happened.
There must be a written version of the policies and procedures as well as disciplinary actions.
Presenter Notes:
Now let’s examine the due process rights of all students with regards to discipline.

13. Disciplinary Due Process Rights of All Students
A written notice must be sent to parents explaining why the student is removed.
The parents have the right to appeal the removal to the LEA.
If the student was unjustly accused, the records of the removal must be destroyed.
Due process rights of all children, continued.

14. Students with disabilities can only be removed from school for the same reasons, not to exceed the same duration, that students without disabilities are removed from school.

15. Authority of School Personnel
IDEA 2004
Adds new authority for school personnel.
School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a child with a disability who violates a code of student conduct.
Circumstances considered should include area of disability, functioning level of the child, intent of the behavior, and other relevant factors.
NC (a)
Presenter Notes:
The new authority provided to school personnel allows individuals to use discretion when ordering disciplinary removal for a violation of the student code of conduct.
It is important to understand that “change in placement” in this instance refers to a disciplinary change in placement which can also be interpreted as removal from the instructional environment.
Change in the educational placement of the student may only be made by the IEP team.

16. Authority of School Personnel
School personnel may remove a student with a disability from his/her current placement for up to 10 cumulative school days in one academic year for any violation of school code of conduct.
These removals may be to an appropriate interim alternative educational setting, another setting, or suspension (to the extent those alternatives are applied to children without disabilities).
Services are not required during the first ten cumulative days of removal unless services are provided to students without disabilities.
NC (b)(1)
Presenter Notes:
Activity: “Ten Gold Coins”
Selected volunteers are given a bag of 10 gold candy coins. Participants are asked if they were to receive 10 gold coins, what would they do with them? Every EC student in a school begins the year with a bag of 10 gold coins. These coins should be locked in a very special vault and used with care. When the gold coins aka “removal days” are used, it triggers the need for action under federal law and NC Policies.
Services are not required during the first 10 cumulative days of removal unless they are provided to nondisabled students during times of removal.
FAPE means Free and Appropriate Public Education

17. Authority of School Personnel
School personnel may also impose additional removals of the child for not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement (location of and access to services).
NC (b)(1)

18. “Change of Placement”
Changing the educational placement of a student with a disability (continuum of services) may only be made by an IEP team.
Removal of a child with a disability from the child’s current educational placement (location of and access to services) by school personnel may lead to a disciplinary change of placement.

19. When does a disciplinary change in placement occur?
Scenario 1:
A disciplinary change in placement occurs when a student is removed for more than 10 consecutive school days:
NC (a)(1)

20. When does a disciplinary change in placement occur?
Scenario 2:
A disciplinary change in placement occurs if the child has been subjected to a series of removals that constitute a pattern –
Because the series of removals total more than 10 school days in a school year;
Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; AND
Because of such additional factors as the length of each
removal, the total amount of time the child has been removed and the proximity of the removals to one another.
NC (a)(2)

21. When does a disciplinary change in placement occur?
Important Information:
School personnel determine on a case-by-case basis whether a pattern of removals constitutes a change in placement
This determination is subject to review through due process and judicial proceedings.
NC (b)(1)(2)
Presenter Notes:
The “public agency” is interpreted as the LEA. At the individual school level, this often is translated as school personnel to include the principal. This does not mean that the principal of the school cannot consult with others in order to make the decision.

22. When imposing discipline for a violation of the student code of conduct after the first 10 cumulative days of removal, school personnel must always be mindful of the disciplinary history of the student and ask, “Will this removal constitute a change in placement?”

23. “Will this removal constitute a change in placement?”
If the answer is “NO”:
School personnel can proceed with the removal.
Services must be provided.
School personnel, in consultation with at least one of the child’s teachers, determine what services will be provided.
NC (b)(2)(d)(1)
Presenter Notes:
School personnel who are making this decision are encouraged to develop a system of personal documentation as to the rationale for this decision. The statute of limitations for this decision to be challenged is one year. Having a system of documentation in place will serve to jog the memory of the individual(s) who have made the decision should it come into question.

24. “Will this removal constitute a change in placement?”
If the answer is “YES”:
A manifestation meeting must occur within 10 school days.
On the day school personnel decide to remove the student, they must issue the LEA disciplinary removal form, Prior Written Notice (DEC 5a), and the Handbook on Parents’ Rights.
Services must be provided upon removal.
The student’s IEP team must determine these services.
NC (b)(2)(d)(1)

25. “Will this removal constitute a change in placement?”
If the answer is “YES”:
A Functional Behavior Assessment (FBA) and Behavioral Intervention Plan (BIP) must be developed to address the behavior or if one has already been developed, it must be reviewed and modified, as necessary.
NC (b)(2)(d)(1)

26. “Will this removal constitute a change in placement?”
If the answer is “YES”, can the student be removed pending the manifestation determination meeting?
The law does not provide a yes/no answer.
However, language exists that indicates the child must be returned to the placement from which he/she was removed when the conduct is determined to be a manifestation, except under special circumstances (drugs, weapons, serious bodily injury).
NC (f)(2)
Presenter Notes:
Although the law is silent, it is best practice to try to keep the child in the current educational setting unless the student is posing a danger to himself or others in the educational environment. It is also important to remember that the services during the removal pending manifestation are to be determined by the IEP team, of which, the parent is a member.

27. “Will this removal constitute a change in placement?”
If the answer is “YES”, can the student be removed pending the manifestation determination meeting?
It is clear that services during the removal must be determined by the IEP team. The services must be designed to enable the child to continue to: participate in the general education curriculum, although in another setting; progress toward meeting the annual goals set out in the child’s IEP; and receive a FBA, BIP and modifications that are designed to address the behavior violation, so that it does not recur. If a BIP already exists, it must be reviewed and modified, as necessary, to address the behavior.
NC (b)(2)(d)(1)(5)
Presenter Notes:
Although the law is silent, it is best practice to try to keep the child in the current educational setting unless the student is posing a danger to himself or others in the educational environment. It is also important to remember that the services during the removal pending manifestation are to be determined by the IEP team, of which, the parent is a member.

28. If school personnel determine the removal will constitute a change in placement, they must send home Prior Written Notice (DEC 5a) and a Handbook on Parents’ Rights with the LEA disciplinary action form. This notifies the parent a manifestation meeting will occur and serves as the Invitation to Conference.

29. REVIEW: Removals Resulting in a Change in Placement
Parents must be notified and given full explanation of procedural safeguards (LEA Disciplinary Action Form, DEC 5a & Handbook on Parents Rights).
The DEC 5a serves as notice to attend the meeting.
The manifestation team must convene within 10 school days to determine if the behavior was a manifestation of the child’s disability.
If the student begins the removal prior to the manifestation determination, services must be determined by the IEP team.
Presenter Notes:
Manifestation must occur within 10 school days; however, if the student is to begin serving the removal prior to the manifestation determination meeting, the IEP team must determine the services. Manifestation should be expedited.
If there is the possibility that the student’s IEP may need to be amended, it would be best practice to configure your manifestation team to meet the requirements of an IEP team.

30. Manifestation Determination NC 1502-2.1(e)

31. WHY?
Conducted in order to determine if the student can be removed for his/her disciplinary infraction based on the two-prong test for manifestation.

32. TWO- PRONG MANIFESTATION TEST:
Is the conduct in question caused by, or does it have a direct and substantial relationship to the child’s disability? OR
Is the conduct in question the direct result of the LEA’s failure to implement the IEP?
If the team answers “yes” to either question, the behavior IS a manifestation.

33. WHEN?
Within 10 school days of any decision to change the placement of a child with a disability because of a violation of the student code of conduct.
Presenter Notes:
Exceeding the 10 school day requirement will result in a procedural violation and could be subject to dispute resolution.

34. WHO?
The LEA, the parent, and relevant members of the IEP Team (as determined by the LEA and parent)
To consider:
Who are relevant members?
Who was present when the violation of the student code of conduct occurred?
Who is familiar with the characteristics of this student’s disability?
Is there a possibility that an amendment to the student’s IEP (including educational placement) may be necessary? If yes, remember a complete IEP Team will be required for this discussion unless the LEA and parent have agreed to excuse members of the IEP Team.
Presenter Notes:
If there is the possibility that the student’s IEP may need to be amended, it would be best practice to configure your manifestation team to meet the requirements of an IEP team.

35. HOW?
The manifestation team must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, any previous diagnosis, behavioral concerns, and any relevant information provided by the parents.

36. To consider …
Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child’s disability?
“Caused by” – clear language
“Direct and substantial” – courts have used this language to distinguish behavior that has only an “attenuated” relationship to the student’s misconduct (e.g. low self-esteem)
Focuses our attention on the underlying basis for the MD requirement which is non-discrimination and fairness (are we taking the disability into account?)

37. To consider …
Was the conduct in question the direct result of the LEA’s failure to implement the IEP?
Did the school’s failure to implement the IEP actually cause the student to violate the code of conduct?
Presenter Notes:
The BIP is part of the IEP.
Who within the LEA is most likely not to implement the IEP? It is critical that general education teachers are informed of their responsibilities to implement the IEP. Should they need technical assistance to implement the IEP, the LEA is responsible for providing the necessary support and training.
Example: A student is to receive accommodations in the English 9 class. The teacher is not aware of the accommodations and therefore, does not provide them. The student becomes increasingly frustrated in the English 9 class, resulting in an explosive exchange between the student and the teacher. The student subsequently storms out of the classroom. In this situation, could the school’s failure to implement the IEP have actually caused the student to violate the code of conduct?

38. Implementation of the IEP
Are the placement, setting, accommodations/ modifications and services identified in the IEP being provided?
Does the child have behavioral goal(s) in the IEP?
Have interventions and behavioral plans and/or contracts been implemented?

39. To consider …
Manifestation Determination is:
NOT categorically driven
NOT a simple analysis of right and wrong
Remember:
A diagnosis (without other supporting documentation) does not demonstrate causation
A disability is NOT:
a temporary emotional state, a temporary situational disorder, or a voluntarily induced state of intoxication; and cannot be bound by medical labels, definitions or conclusions
The behavioral framework for manifestation relationships should be established as a child’s eligibility and needs are determined
Eric Hartwig
Manifestation Determination – A Short History
In Case, Volume 47, Number 3
Note for Jessica: Add citation and discussion regarding court case and BED student who stabbed student.

40. To consider …
The key to the manifestation decision is: How directly is the behavior linked to the disability?
How do we think about “manifestation” operationally?
Severity – significant difference from the expectation, norm or standard
Chronic – pattern of behavior that is habitual or persistent
Duration – not situational, length of time exhibited
Frequency – occurs regularly, much more than normal
Across settings – pervasive (home, school, community), behavior impacts life functions and social awareness
Characteristic – patterns like or unlike
Intensity and pervasiveness – persistent, generalized not context specific
Eric Hartwig
Manifestation Determination – A Short History
In Case, Volume 47, Number 3

41. IF the manifestation team determines that the behavior WAS a Manifestation …
Discipline Case Closed
IEP team must either:
Conduct FBA (unless already conducted) and develop the BIP.
Review the BIP (if already in place) and modify, if necessary, to address the behavior.
And (except in the case of “special circumstances”)
Return the child to the placement from which he/she was removed, unless the parent and LEA, through the IEP process, agree to a change of placement.

42. If the manifestation team decides that the behavior in question WAS NOT a manifestation …
School personnel may apply the same disciplinary procedures as they would for students who do not have disabilities.
IEP team determines what services must be provided so the student continues to: participate in the general education curriculum; progress toward meeting the annual goals set forth in the IEP; and receive behavioral intervention services and modifications that are designed to address the behavior, so that it does not recur.
Conduct an FBA (unless already conducted) implement BIP; OR
Review the BIP (if already in place) and modify if necessary to address the problem behavior.

43. Special Circumstances Interim Alternative Educational Setting (IAES)
School personnel may remove a child with a disability to an interim alternative educational setting for not more than 45 school days (IDEA 2004) without regard to whether the behavior is determined to be a manifestation of the child’s disability for certain infractions of the student code of conduct.
NC (g)
Presenter Notes:
Manifestation determination must be conducted. Regardless of the decision of manifestation determination, the student can continue be served in the IAES for up to 45 school days.

44. Special Circumstances Interim Alternative Educational Setting (IAES)
45 Day Interim Alternative Educational Setting
Weapon
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. The term does not include a pocket knife with a blade of less than 2 ½ inches in length.
Drugs (Controlled Substances Act)
Serious Bodily Injury (USC 13659(g))
A substantial risk of death;
Extreme physical pain;
Protracted and obvious disfigurement; or
Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
Insert NC citation

45. Special Circumstances Interim Alternative Educational Setting (IAES) Services in the case of Special Circumstances
The child’s IEP Team determines the interim alternative educational setting for removals that are changes of placement.

46. Manifestation Determination
So….
Removals of more than 10 consecutive days (after the first 10 cumulative days) would require a manifestation determination because that is deemed a change in placement.
Removals after the first 10 cumulative days for not more than 10 consecutive days may or may not require a manifestation determination…it just depends.
Flexibility is afforded to the “public agency” (i.e. school personnel) to make the determination.

47. The Bottom Line After 10 cumulative days of removal:
Ensure FAPE is provided.
Who is responsible for determining the services?

48. The Bottom Line An Ounce of Prevention …
If a student is exhibiting challenging behaviors, involve IEP team in conducting a Functional Behavioral Assessment and developing a Behavioral Intervention Plan BEFORE suspensions accumulate to more than 10 days
Preventive … not Reactive

49. SURVIVAL BELONGING POWER/SELF-WORTH FREEDOM FUN
FBA…OUR FIVE BASIC NEEDS
SURVIVAL BELONGING POWER/SELF-WORTH FREEDOM FUN

50. Presenter Notes:
Activity: Let’s engage in a mini FBA.
An FBA is the process we engage in to determine why an individual has acted in a specific manner. Human being engage in the FBA process more than we know. It is important to realize that there are no magic bullets. Using the information one has, a team must take their best shot and making the determination.
So, why might Dennis be digging a hole? (get participant feedback then click to next slide)

51. Presenter Notes:
Did anyone see that one coming? Well, may the FBA process we engage in with our students will yield the same results. It is important that this process is real and meaningful if we are truly to design interventions that are designed to meet the needs of the student.

52. The Science of Developing an FBA
Step 1: Identify the problem behavior.
Step 2: Gather the data.
Step 3: Analyze the data. Develop the hypothesis.
Step 4: Design/Implement the BIP
Step 5: Review and Evaluate the plan…if not working...go back to step 3.
Presenter Notes:
We must remember that the best source of data gathering is often the student!

53. The Behavioral Intervention Plan
BIPs are written to guide adult behavior.
Everyone working with the student must be aware of and actively implementing the student’s BIP.
BIPs are not disability specific.
Documentation of behavioral concerns begin with special factors (DEC 4 pg. 3).

54. When designing BIPs, consider:
Skill deficits-
The teacher will need to teach replacement behaviors that serve the same function as the inappropriate behaviors.
Performance deficits-
The teacher will need to manipulate the antecedents or consequences; may need to make changes in instruction/curriculum.
Environmental issues-
The teacher will need to modify the physical environment; may need to make changes to instructional methods.
Presenter Notes:
It is important to understand if the child has skill deficits, performance deficits, or the issue may be environmental. Skill deficit students should not be (in as much possible) not grouped with students with performance deficits in social skills groups.

55. The Bottom Line
School administrators may consider any unique circumstances on a case-by-case basis when deciding if a change in placement is appropriate for a child with a disability who violates the student code of conduct.

56. Remember…IDEA provisions do not apply to the first 10 cumulative days of removal. Use these days wisely!

57. The Bottom Line
The “10-days” never recycle…there are really only 10 cumulative removal days afforded to each student with a disability in a given academic year before IDEA provisions are required.
It is imperative that you know the number of days of removal students who transfer into your school bring…either in or out of state…the days never recycle.

58. Appeal
The parent of a child with a disability who disagrees with any decision regarding placement made under discipline provisions or the manifestation determination may appeal the decision by filing a petition for a due process hearing.
An LEA that believes maintaining the current placement of the child is substantially likely to result in injury to the child or others may request a hearing to determine dangerousness.
Presenter Notes:
Describe how to request a hearing…

59. Timeline for Expedited Due Process Hearing for Disciplinary Reasons
Within 7 days of receiving the petition, the LEA must schedule a resolution session.
Within 20 school days of the date the hearing was requested, the SEA or LEA must arrange for a due process hearing.
Hearing Officer must reach determination within 10 days after hearing.
Student remains in IAES pending hearing decision or until disciplinary sanction expires, whichever occurs first.
QUESTION: IS BULLET ONE 7 SCHOOL DAYS OR CALENDAR DAYS? THEY WILL ASK!

60. CASE STUDIES

61. Case Study #1: Mary is a ninth grade student who is identified as OHI.
During the 3rd month of school, Mary got into a fight and was removed for 10 consecutive days.
Mary returned to school and was not referred again to the office until the 6th month of school for smoking, which is an automatic 3 day removal.
Does the proposed 3 day removal constitute a change of placement for Mary? Why or why not?
What does IDEA require for Mary as a result of the 3 day removal?

62. Case Study #1: Ideas & Rationale
The total number of days Mary had been removed prior to being caught smoking was 10…all students can receive up to 10 cumulative days of removal.
It had been 3 months since the 10 day removal.
The proposed 3 day removal was for a totally different infraction.
No change in placement…proceed with removal.
School personnel along with one teacher of the child determine how services will be provided during 3 day removal.

63. Case Study #2: Steve is an 11th grade student identified as ED.
Steve is a habitual skipper with known ties to local gang activity. Within the first 2 months of school he had been removed for 10 cumulative days.
During the 3rd month of school, Steve initiates a major fight at a home football game. The infraction generates a 10 day removal with the recommendation for long-term suspension.
Does the proposed removal constitute a change in placement?
What does IDEA require be done on Steve’s behalf?

64. Case Study #2: Ideas & Rationale
Within 2 months Steve had utilized 10 days.
The proposed removal is for 10 additional consecutive days with recommendation for long-term…which DOES automatically constitute a change in placement.
A manifestation determination MUST be completed.
If NO Manifestation…the student is subject to the same standard as non-disabled students.
The IEP team reviews/revises the FBA/BIP and determines where & how services will be delivered during the removal.
If it WAS a Manifestation…the student is not subject to the same standard as non-disabled students.
The IEP team reviews/addends the FBA/BIP and determines if the current placement is appropriate for the student…BE CAUTIOUS!

65. Case Study #3: Charlie is a 6th grade student identified as LD.
Charlie is the kid in the office every other day and within the first 3 months of school had been removed 10 days.
The following record reflects Charlie’s office visits for the 4th month:
November 2-tardy-1 day removal (no change in placement determined by school official)
November 11-skipping-2 days removal (no change in placement determined by school official)
November 29-disruptive in class-proposed 3 day removal.

66. Case Study #3:
Does the proposed 3-day suspension constitute a change in placement? Why or why not?
What does IDEA require be done on Charlie’s behalf?

67. Case Study #3: Ideas & Rationale
Within 3 months Charlie had been removed for 10 days.
The proposed removal is for 3 days…BUT…there is a clear pattern of removal that does constitute a change in placement.
A manifestation determination MUST be completed.
If NO Manifestation…the student is subject to the same standard as non-disabled students.
The IEP team reviews/addends the FBA/BIP and determines where & how services will be delivered during the removal.
If it WAS a Manifestation…the student is not subject to the same standard as non-disabled students.
The IEP team reviews/addends the FBA/BIP and determines if the current placement is appropriate for the student…BE CAUTIOUS!

68. Case Study #4: Sandy is a Senior and is identified as ID.
Sandy has not been removed this school year.
The resource officer notices Sandy has a gun on the backseat of her vehicle when she parks in the student parking lot.
What is the appropriate series of steps administrators can follow and remain compliant with IDEA?

69. Case Study #4: Ideas & Rationale
The principal can order the 45-day IAES.
Manifestation must be determined within 10 school days.
The IEP team must determine how & where services will be delivered during the IAES placement.
If NO Manifestation…the student is subject to the same standard as non-disabled students.
The IEP team reviews/addends the FBA/BIP and determines where & how services will be delivered during the removal.
If it WAS a Manifestation…the student is not subject to the same standard as non-disabled peers.
The IEP team reviews/addends the FBA/BIP and determines if the current placement is appropriate for the student…BE CAUTIOUS!

70. Case Study #4: Ideas & Rationale
If NO Manifestation…the student is subject to the same standard as non-disabled students.
365 day removal for a gun.
The IEP team reviews/addends the FBA/BIP and determines where & how services will be delivered during the removal.
If it WAS a Manifestation…the student is not subject to the same standard as non-disabled students.
Student remains in IAES for up to 45 school days.

71. Case Study #4: Ideas & Rationale
OR….
School Administration could exercise the authority to consider unique circumstances on a case-by-case basis if a change of placement is necessary based on the infraction to the student code of conduct.
Based on this authority…the school administrator has a number of choices.

72. Children Not Yet Identified As Eligible for Special Education
IDEA 2004 – LEA has knowledge if:
1. Parents have expressed in writing to supervisory or administrative personnel or a teacher of student, that child needs special education and related services;
2. Parents have requested an evaluation; or
3. Teacher or other personnel have expressed specific concerns about a pattern of behavior directly to LEA director of special education or other supervisory personnel
Exception: if parents have not allowed an evaluation or refused services for an eligible student or if student has been evaluated and determined ineligible
Insert NC Citation.

73. Pitfalls … Not recognizing removals as removals In-school suspensions
Bus suspensions
Is transportation a related service?
Losing track of days
Cluttered lines of communication
Presenter Notes:
Removals can be disguised in the day to day operations of an LEA. Example: Contacting a parent and asking them to come pick the student up to “cool down” is a removal day. If the student is sent to the office during the first hour of school to see the principal and ultimately, the student stays in the office until the early afternoon waiting to see the principal. The student has been removed from instruction. Removal can effectively be defined as anytime the student is not permitted to access the general curriculum or make progress toward their IEP goals.
In-school suspensions: The student is required to access the services on the IEP and access the general curriculum in order for the day not to count as removal. It is critical for LEAs to consider who is the in-school suspension coordinator and what opportunities to access special education will the child receive.
Bus suspensions that result in the student’s absence from school will count as a removal if the student has “transportation as a related service” on the IEP. If the student is demonstrating a pattern of behavior on the bus, it is the responsibility of the school to be proactive.
It is imperative to have a data collection system to track the number of removal days each EC student accumulates. The best data collection system is one that you will use!
Clear communication will ultimately lead to successful implementation of the discipline provisions.

74. Some Suggestions …
Have a procedure for “counting the days” for each student with a disability
Know who has the duty to determine whether or not cumulative action amounts to a change of placement
Develop methods for serving students who are removed for more than 10 days
Be prepared for parental disagreement

75. Check Your Knowledge IDEA & Discipline for Students with Disabilities Let’s Review!

76. True or False? Conducting a manifestation determination recycles the “10 Day” calendar for students with disabilities.
FALSE

77. True or False? School personnel may consider any unique circumstances on a case-by-case basis when deciding if a change in placement is appropriate for a child with a disability who violates the student code of conduct.
TRUE

78. True or False? Under specific circumstances, school personnel have the authority under IDEA to remove a student to an interim alternative educational setting for up to 45 school days.
TRUE

79. True or False? Regardless of manifestation determination, students with disabilities must be provided services on the 11th cumulative day of removal.
TRUE

80. True or False? Behavioral Intervention Plans are not considered an official component of the IEP.

81. True or False? Students who are suspected of being students with disabilities are protected under the disciplinary provisions of the IDEA.
PK: Change discipline to disciplinary
TRUE

82. True or False? Students with disabilities cannot be removed for more than 10 days within one academic year.
FALSE

83. True or False? A manifestation determination must be conducted for every proposed removal after the first ten days.
FALSE

84. True or False? Bus suspensions resulting in students’ with disabilities absences are never considered removals and therefore do not accumulate in the cumulative day count.
FALSE

85. True or False? The following represents the two-prong test for manifestation determination: 1. The behavior was caused by, or was in direct and substantial relationship to the child’s disability; or 2. The conduct in question is the direct result of the LEA’s failure to implement the IEP.
TRUE

86. OSEP Discipline Video Clip
Want to know more???
OSEP Discipline Video Clip
Presenter Notes:
Must have internet connectivity to access the discipline video. Simply click on the link to begin the video if you are connected to the internet.

87. “Upon our children – how they are taught – rests the fate – or fortune – of tomorrow’s world.”
B.C. Forbes