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

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

3. West Virginia Department of Education
Policy 2419
West Virginia Department of Education

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

5. Office of Special Programs, Extended and Early Learning
West Virginia Department of Education

6. 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

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

8. 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

9. 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

10. 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

11. 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

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 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

13. “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

14. 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

15. 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

16. 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

17. West Virginia Department of Education
Bus Suspensions p
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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

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

28. 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

29. 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

30. 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

31. 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

32. 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

33. West Virginia Department of Education
Parent/Adult Student Request for Evaluation of a Disciplined Student pp
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

34. 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

35. 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