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Discipline and the Pupil Fair Dismissal Act Special education students have a special set of entitlements: They comprise a “protected class”. Their IEP’s.

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Presentation on theme: "Discipline and the Pupil Fair Dismissal Act Special education students have a special set of entitlements: They comprise a “protected class”. Their IEP’s."— Presentation transcript:


2 Discipline and the Pupil Fair Dismissal Act

3 Special education students have a special set of entitlements: They comprise a “protected class”. Their IEP’s describe a set of educational services the school district is obligated to provide. Any significant interruption in these planned services must be recorded, accounted for, and in some cases compensated for.

4 Disciplinary Due Process Applies to any student with an IEP, regardless of the student’s disability Provides a framework to access a free and appropriate public education [FAPE]

5 Removal from School Removal of a student from school can occur in two ways: Suspension Dismissal

6 Removal from School Dismissal results in an interruption or denial of the current educational program to the student. Dismissal includes removal from school for any part of a school day.

7 Removal from School Suspension is a formal action removing a student from school attendance for a period of no more than 10 school days. The student’s suspension may not be extended if their parent does not show up for a readmission meeting.

8 A student who has accumulated a series of disciplinary infractions at the current school of enrollment cannot be transferred out of that school without a change in placement authorized by IEP team action, or by district central office administrative action.

9 Suspension Procedures Administrator has a conference with the student. Notification is sent to the parent in writing, including suspension information and Parent’s Rights and Procedural Safeguards.

10 Whenever feasible, schools should consider keeping cumulative annual days of removal from school at or below 10 school days per year. Decreasing suspensions is consistent with the Strategic Plan’s stated objective to improve special ed services. This could reduce due process procedures such as: Additional IEP team meetings for Manifestation Determination Functional Behavioral Assessments

11 In-School Suspension In-school suspension is not considered a “removal” as long as the student is afforded the opportunity to: Make progress in the general curriculum Get the services specified on the IEP Have access to non-disabled students according to the previous instructional arrangement

12 Bus Suspension If transportation is listed in the “Adaptations” or Related Services section of the student’s IEP, and the student is suspended from the bus and does not attend school on that day, then the bus suspension is treated as a suspension day. The school could choose to provide alternate transportation to school to avoid using a suspension day.

13 Alternative Educational Services Must be provided on the sixth consecutive day of removal Must be adequate to allow the student to make progress toward meeting graduation standards and help the student prepare for readmission

14 Alternative Educational Services Special tutoring Modified curriculum Modified instruction Homebound instruction Enrollment in another district or area learning center Supervised homework Instruction through electronic media May include:

15 Alternative Educational Services The student’s IEP team determines the method of providing special education and related services to a student with a disability entitled to receive alternative educational services. The location for service is determined buy the IEP team. Services are to be provided at a mutually agreed upon location determined by the IEP team and arranged by the school.

16 Removals from School Student is removed for 5 or more consecutive school days. Student is removed for 11 cumulative school days. An IEP Meeting Must Be Held Within 10 School Days When: Under these conditions, the IEP team must meet to Complete a Manifestation Determination.

17 Discipline Guidelines under State Law and Federal Regulations IEP Team Meeting Required Manifestation Determination Required Functional Behavioral Assessment Plan Required Alternative Education Services Required Student removed for 1 school day or less (but not suspended NO* Student suspended for less than 5 consecutive school days NO* Student suspended for 5 consecutive school days YES NO* Student suspended for 6 OR MORE consecutive school days YES NO*YES, access to FAPE not required Student removed for 10 cumulative school days or less NO Student removed for 11 cumulative days in a school year or more YES YES, access to FAPE required Student placed on in-school suspension NO** Student suspended from the bus Depends*** Parent requests a manifestation determination following any removal for disciplinary reasons. YES NO* * Unless the removal brings the total number of cumulative days this school year that the student has been removed to more than 10, or unless the parent requests a meeting under Minn. Stat. 121A41, subd.10. ** In-school suspension would not be considered a part of the days of removal as long as the student is afforded the opportunity to continue to appropriately progress in the general curriculum, continue to received the services specified on his or her IEP, and continue to participate with non-disabled children to the extent they would have in their current placement. *** If bus transportation is a part of the student’s IEP, a bus suspension would be treated as a removal unless the school provides transportation in some other way, because that transportation is necessary for the student to obtain access to the location where all other services will be delivered. If bus transportation is not a part of the student’s IEP, a bus suspension typically would not be a removal.

18 Recording Disciplinary Events Behavior Field In Campus [General Tab] Typically these entries are made by building administrator. IEP Contact Log These entries are made by the IEP manager or a team member.

19 Manifestation Determination

20 Manifestation Determination is the process where the IEP team determines if a student’s behavior [which he/she was disciplined for] is related to the student’s disability. An IEP Team Meeting is necessary for this discussion. Outcome of meeting is documented on “Documents” page of EasyIEP

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