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Educators Training Institute www.edtraining.org How to Utilize I&RS to Remediate HIB Behaviors

Educators Training Institute www.edtraining.org How to Utilize I&RS to Remediate HIB Behaviors

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How to Utilize I&RS to Remediate HIB Behaviors How to Utilize I&RS to Remediate HIB Behaviors Presentation Transcript

  • www.edtraining.org
  • BYSTANDUP.COM GRADES 7-12 CURRICULUM
  • HIBSTER ANTI-BULLYING SOFTWARE hibreporting.com
  • How to Utilize I&RS to Support Anti-Bullying Student Remediation Jamie Edward Ciofalo Lodi Public Schools
  • QUESTIONS? To keep us on track, I ask that you Email your questions to me. I will try my best answer them at the end of each session, or I will reply to your email if we do not get to it today. jamie.ciofalo@lodi.k12.nj.us
  • INTERVENTION AND REFERRAL SERVICES (I&RS) N.J.A.C. 6A:16-7
  • Why do we have a system of intervention and referral services? New Jersey Administrative Code REQUIRES all school districts to have a system of intervention and referral services as follows: 6A:16-8.1 Establishment of intervention and referral services District boards of education shall establish and implement a coordinated system in each school building for the planning and delivery of intervention and referral services that are designed to…
  • Assist Students ASSIST STUDENTS who are experiencing: LEARNING, BEHAVIOR, or HEALTH DIFFICULTIES
  • Assist Staff AND to ASSIST STAFF who have difficulties in addressing students’ learning, BEHAVIOR or health needs.
  • HIB Harassment, Intimidation, and Bullying are all forms of BEHAVIOR
  • I&RS is…
  • I&RS is… COLLABORATIVE CONSULTATIVE SUPPORTIVE
  • School Safety Team is also… COLLABORATIVE CONSULTATIVE SUPPORTIVE
  • I&RS is Adult-Centered • The I&RS team is an adult-centered program. • By design, the I&RS team invites requests for assistance from school staff or parents, rather than referrals to the team. Referral implies “handing” student to I&RS and stepping away, rather than WELCOMING I&RS in to assist staff and student
  • Here Comes to Calvary!
  • I&RS is Adult-Centered • Welcoming requests for assistance clearly communicates that the team exists to assist staff or parents with educational problems they are experiencing with students or their children, rather than assume total responsibility for identified problems.
  • I&RS for ALL • The program is not limited to providing assistance to classroom teachers. For example, school counselors, school social workers or substance awareness coordinators might experience difficulty working with a student and/or the student’s family, and could benefit from reviewing the problem through the collaborative team process.
  • School Safety Team is part of “ALL” • Anti-Bullying Specialists • School counselors, School Social Workers or Substance Awareness Coordinators • Administrators • Superintendent • Teachers • Parents May all seek I&RS assistance for a student who exhibits bullying behaviors
  • I&RS is not…
  • Supplements not Supplants • I&RS programs are not intended to replace traditional methods or resources for helping students to function effectively in school.
  • Supplements not Supplants • They exist primarily to bring particularly difficult or repeat cases into focus using available resources in a coordinated manner. • HIB Aggressors qualify PARTICULARLY DIFFICULT or REPEAT CASES (BEHAVIORAL)
  • I&RS is not Special Education • As global problem solving mechanisms for diverse learning, behavior and health problems, I&RS teams are separate and distinct in mission and practice from pre- referral intervention and special education functions.
  • I&RS is not Special Education • A program of I&RS provides schools with the opportunity to institutionalize a sophisticated process for helping school staff resolve the full range of learning, BEHAVIOR and health problems in the general education program, including those posed by the inclusion of students with learning disabilities in general education classrooms.
  • I&RS is not… • A process to remove a student who is experiencing learning, behavior, or health difficulties from the general education setting. • It MAY LEAD to a CST evaluation or 504 assessment, but is not a pre-requisite for aforementioned.
  • NJDOE Scope of Services for Building- based I&RS Teams “Therefore, a building-based program of intervention and referral services is not necessarily a pre-referral intervention mechanism for CST evaluations. An I&RS team is one of many resources used by schools to intervene with student problems, prior to child study team evaluations.”
  • NJDOE Scope of Services for Building- based I&RS Teams It should be noted that programs of intervention and referral services may not be used to delay obvious and appropriate referrals to special education (N.J.A.C. 6A:14-3 et seq.). Schools are not permitted to create any barrier for the administration of appropriate evaluations to determine the existence or nature of students’ educational disabilities. This means, for example, that schools may not require the review of all student cases by the I&RS program prior to child study team review, since this requirement would create a barrier to the administration of appropriate evaluations.
  • CONFUSED? Evidence of Interventions is required Evidence of Interventions is not necessarily I&RS A teacher who has documented, data driven evidence of interventions in place may be enough
  • Focus on the I&RS Process Request for Assistance Problem Solving
  • Request for Assistance • The overall process begins when a staff member or parent concludes that he or she needs assistance with a learning, BEHAVIOR or health problem encountered in the general education program.
  • Request for Assistance for HIB ANYONE may request assistance from I&RS to assist with a DIFFICULT BEHAVIORAL case re: REPEAT HIB AGGRESSOR Superintendent, Principal, Teacher, ABS, School Safety Team Member, Parent, etc.
  • CAVEAT • DO NOT ACCEPT I&RS FOR HIB WITHOUT FIRST CONDUCTING HIB INVESTIGATION
  • 6A: 16-8.2 Functions of Intervention and Referral Services
  • FUNCTIONS of Intervention and Referral Services • COLLECT thorough information on the identified learning, BEHAVIOR and health difficulties; • ABS has this information
  • Functions of Intervention and Referral Services • Develop and implement action plans which provide for appropriate school or community interventions or referrals to school and community resources, based on the collected data and desired outcomes for the identified learning, BEHAVIOR and health difficulties; • Action Plan for HIB may be BEHAVIOR INTERVENTION PLAN for Aggressor or SAFETY PLANfor Victim • Referrals may include individual counseling/sensitivity training for aggressors; individual/group for victims (may not be good idea to put all aggressors in a “bully group”)
  • Functions of Intervention and Referral Services • Provide support, guidance, and professional development to school staff who identify learning, BEHAVIOR and health difficulties; AH-HA moment…
  • Support Staff to Support Student It is not just about “FIXING” the student It is about supporting EVERYONE in school community to follow well-designed interventions to support the student. In cases of HIB, it is about ALL staff CONSISTENTLY utilizing the SAME BEHAVIOR PLAN with the student.
  • Functions of Intervention and Referral Services • Provide support, guidance and professional development to school staff who participate in each building’s system for planning and providing intervention and referral services; • SST is the School Climate/Culture Team • Supposed to design, plan, implement programs and trainings for staff, students, parents.
  • Functions of Intervention and Referral Services • Actively involve parents or guardians in the development and implementation of intervention and referral services action plans; • Must include parent in BIP and Safety Plan process; why not make it part of I&RS?
  • Functions of Intervention and Referral Services • Coordinate the access to and delivery of school resources and services for achieving the outcomes identified in the intervention and referral services action plans; • SST/I&RS would need to COLLABORATE to handle BIP and Safety Plans anyway. Why not integrate their members to make it easier to do so?
  • Functions of Intervention and Referral Services • Coordinate the services of community-based social and health provider agencies and other community resources for achieving the outcomes identified in the • Again, SST/I&RS would need to COLLABORATE to handle BIP and Safety Plans anyway. Why not integrate their members to make it easier to do so?
  • Functions of Intervention and Referral Services • Maintain records of all requests for assistance and all intervention and referral services action plans, according to the requirements of 34 CFR Part 98, 34 CFR Part 99, 42 CFR Part II, N.J.S.A. 18A:40A-7.1, N.J.A.C. 6A:16-3.2 and N.J.A.C.6:3-2.1; • BIP & Safety Plan provides DOCUMENTATION that SCHOOL made every REQUIRED effort as per Administrative Code (I&RS) and ABR to respond to BEHAVIORAL NEEDS of HIB Aggressor, to PROTECT Victim, and to change culture and improve prevention/intervention practices of school staff.
  • Benefits of Implementing I&RS/School Safety Team Collaborative Model *Lodi Public Schools Model is I&RS/504/School Safety Team*
  • I&RS/504 As District Supervisor of Guidance, I also serve as the District Coordinator for: – HIB – I&RS – 504 – Affirmative Action – McKinney-Vento – DCP&P So odds are if there is an issue in any of the aforementioned areas, it will be covered swiftly and efficiently at the building and district levels Each school has its own: – I&RS/504 Coordinator(s) – not guidance – School Safety Team – ABS in under guidance – I&RS/504 Coordinator also serves on SST – Principal/Administrator already a member of both
  • Example Billy, 3rd grade, has been named the aggressor in 3 HIB investigations in past 2 months. He also has several conduct violations for disrespect to staff and fighting with students (other than HIB). He is failing Reading and Math and is enrolled in Title 1 for both subjects. Billy’s counselor is aware that he also has an open DCP&P case and his family was recently evicted from their apartment and are now sharing a 2 bedroom apartment with relatives. Billy sleeps on the couch in the living room.
  • Benefits of Collaborative Model More efficient use of staff time. Non-duplication of services. Improved communication. Improved coordination of school and community resources. Improved case management.
  • Benefits of Collaborative Model Increased likelihood of comprehensive problem analysis and action plans, thereby increasing the chances of success for educational problems.
  • Benefits of Collaborative Model Strong EVIDENCE of district’s efforts to utilize all services to assist the AGGRESSOR and the VICTIM You will have HIB documentation, I&RS documentation, and (504 or CST if applicable) As a district, YOU will be able to show EVIDENCE that you performed your PROFESSIONAL DUITES in accordance with the CODE and LAW
  • COLLABORATIVE TEAM COMPOSITION
  • The Person Requesting Assistance Building Principal or General Education Designee General Education Teacher Student Support Staff - one or more representatives from among the following student support titles should be included on the team: • substance awareness coordinator, • guidance counselor, • school psychologist, • learning disabilities teacher-consultant, • special education teacher, • school social worker, • speech language specialist or therapist, • or school nurse. RED=same people who typically serve on School Safety Team
  • Best Practice Remedial Measures for HIB Actors By: Kimberly Brucale
  • What are the requirements for imposing consequences and remediating HIB behavior? According to N.J.S.A. 18A:37-15b (4) and (7) BOE’s are required to: • Consequence a person who commits an act of HIB • Impose remedial action for a person who commits an act of HIB • Have a range of responses to include counseling, support services, intervention services, and other programs
  • Continued • Consequences and remedial actions are graded according to severity of offense and must consider the developmental age of the student, history of inappropriate behaviors, and include a continuum of actions designed to remediate and impose sanctions as per the code of conduct • To modify behavior, range should include positive behavior interventions through suspension/expulsions. • Goal is to correct problem behavior and prevent future occurrences.
  • Remediation versus Consequences • Clear distinction –Remediation is intended to correct the problem behavior and prevent recurrence. –Consequences are typically punitive –Consequences need to be connected to the behavior to be effective they need to be logical.
  • Logical Consequences • Ensure aggressor has opportunity to learn from his or her behavior and acquire ways of interacting with peers Examples: You break it you fix it, loss of privilege, time out
  • Remediation Considerations • Personal – life skills deficiencies – social relationships, strengths – talents, interests, hobbies, – extra-curricular activities – classroom participation – academic performance • Environmental: – school culture/climate – student-staff relationships – classroom management – crisis management – social/emotional supports – behavioral supports – social relationships – community activities – neighborhood/family situations
  • Consequence considerations –chronological age –developmental age –degree of harm –severity of behavior –past or continuing incidents –history of inappropriate behavior –relationships between parties –context of alleged incident
  • • What are some examples of consequences? • Are negative consequences appropriate? • Is mediation appropriate for HIB behavior?
  • Examples of remediation/interventions • What might be considered remediation or an intervention?
  • Responding to Misbehavior • Identify • Strengthen skills • Eliminate conditions • Offer alternatives • Equip student with acceptable actions • Enhance motivation • Forms • Discuss with parents
  • Key Features • Teach expected behavior • Monitor and acknowledge students for engaging in appropriate behavior • Provide specific instruction and pre-correction to prevent bullying behavior from being rewarded by victims and bystanders • Correct behaviors using a consistently administered continuum of consequences • Collect and use information about student behavior to guide decision making
  • Models for Consideration – The Social Discipline Model – Rudolf Dreikurs – Positive Behavior Support in Schools (PBSIS) – UCLA’s Mental Health in School Project
  • Commonality • Need to investigate to determine what is behind the behavior and the surrounding context (conduct a functional behavioral assessment) – Define problem behavior – Collect Data – Formulate hypothesis • Develop behavior intervention plan that is logical – Interventions that teach skills replacement behaviors – Consequence for behavior – Changes to environment – System to monitor and revise plan
  • A Closer Look: FBA • Functional Behavior Assessment used to gather information about the context of the students life, variable setting events, and events that occur immediately before and after the behavior. • Interview people who know the student well • Investigation designed to determine the appropriateness of the students’ present educational placement and services • Develop Hypothesis
  • Let’s Practice: • I am going to show real life situations. For each scenario think about the following: – Definition of behavior – Ideas about what may motivate the HIB behavior – Possible remedial measures and/or logical consequences REMEMBER FOR THIS EXERCISE WE ARE FOCUSING ON THE ACTOR(s)
  • Scenario 1 • Cheryl, Candace, and Alicia are friends in 7th grade. Cheryl and Alicia live in a trailer park with their families. All three girls ride the school bus home in the afternoon. Amanda and Sarah, both 8th graders, also ride the same bus in the afternoon. During the fall, Amanda and Sarah start repeatedly calling Cheryl and Alicia “White trailer trash” and make fun of their clothes and belongings. One day, Candace, frustrated with the on-going treatment of her friends, shouts at Amanda and Sarah, “Why don’t you two stupid snobs shut up and leave Cheryl and Alicia alone!” Amanda gets up and hits Candace and says, “You shut up! You’re just a stupid 7th grader. Why do you hang out with those two trailer trash idiots anyway?”
  • Scenario 2 • Dylan is a 9th grade student who is openly gay. Over the summer, one of Dylan’s friends reports to the principal that other students from the high school have created a website that says “Dylan is gay” and includes derogatory comments about Dylan and his “lifestyle.” Dylan’s friend tells the principal that Dylan is now afraid to come back to school in the fall because the website includes threats to physically harm him. The principal goes online and finds the website. While the students who created the website are using screen names, they provide enough information about themselves for the principal to easily identify who the students are.
  • Scenario 3 • Kendra and Alexander are friends in 2nd grade together. One day during lunch, Alexander says to Kendra, “I know why you like chocolate milk so much!” Kendra asks, “Why?” and Alexander responds, “Because it keeps your skin brown!” Kendra looks at Alexander quizzically and says, “No it doesn’t!” Alexander says nothing and the two go on eating their lunch together. The next day Kendra’s mother calls the school outraged about what Alexander said to Kendra at lunch the day before.
  • Scenario 4 • A group girls have repeatedly coaxed Joan, a special education student who has a developmental disability, into performing acts that constitute a violation of the school’s discipline policy. Realizing that Joan would be unable to comprehend or consent to the activities, the girls told her that they would be her friends if she would do as they instructed her. These acts included stealing money from another student’s backpack and vandalizing school property.
  • Next Step: Design BIP • Based on the hypothesis statement developed through the FBA select interventions that will: – prevent behavior from occurring – teach the student socially appropriate replacement skills – strengthen appropriate behaviors – respond effectively to occurrences of problem behavior
  • How Do We Document This • See Handout • Read the scenario and in small groups try to create a BIP on David.
  • Small Group Exercise • David is a 12 year old African American student in the seventh grade. David lives with his mother and 9 year old sister. His family history includes a recent marital separation. However, regular contact with his father is maintained on weekends and extended holidays. David’s medical history includes a diagnosis of Attention Deficit Hyperactive Disorder, which is managed through medication and counseling. David has been described as a bully. Administration indicated David has a tendency to “annoy” his peers verbally until they reach their limit” and as a result become physically aggressive with him. The school counselor expresses concern about his limited ability to engage in pro-social interaction with peers and school personnel, as David appears to “ignore the comments of adults” and seems unaware of how his action or remarks are perceived by peers. David’s mother expresses concern that her son is becoming verbally aggressive in reaction to being bullied at school. She cites school reports of inappropriate comments to teachers and peers as evidence of his verbal aggression and indicates that his behaviors are persisting and in some cases escalating.
  • PHASES OF THE I&RS/504 TEAM PROCESS
  • Phase 1: Request for Assistance Phase 2: Information Collection Phase 3: Parent/Guardian Notification Phase 4: Problem Solve Phase 5: Develop I&RS Action Plan and include BIP or Safety Plan Phase 6: Support, Evaluate and Continue the Process
  • Student Safety Plan Harassment, Intimidation, & Bullying Prevention Program
  • Basic Information School: Student: ID#: Grade: Staff Liaison/Title: Peer Safety Liaison(s): Start Date: Proposed Review Date:
  • School Staff Responsibilities • The aggressor’s seating assignment shall be moved away from the targeted student in the following class(es) or common period(s) (list all that apply):
  • School Staff Responsibilities • The aggressor’s schedule shall be modified to prevent interaction with the targeted student during the following class(es), common period(s) or passing time(s) (list all that apply):
  • School Staff Responsibilities • The following individual(s) shall be visible in the hall and will monitor the student during passing times:
  • School Staff Responsibilities • The following individual(s) shall serve as the student’s personal recess/lunch monitor(s):
  • School Staff Responsibilities • The student shall visit the school counselor (or designee) at an agreed upon time to ensure that the plan is working. If the student does not or cannot visit this person at that time, the designated person will locate and check with the student. • Day(s): Time(s):
  • School Staff Responsibilities • Other: (always need Other)
  • Targeted Student’s Responsibilities • Shall avoid face to face or online contact with the aggressor while this plan is in effect.
  • Targeted Student’s Responsibilities • Shall remain in close contact to assigned Peer Safety Liaison as is reasonable during the school day.
  • Targeted Student’s Responsibilities • Shall report any breach of this plan to his/her parents, school liaison, teacher, or other staff person immediately
  • Targeted Student’s Responsibilities • Other: (always need Other)
  • Parental/Family Responsibilities • Parents and other family members agree to monitor and support the student with this Safety Plan, monitor the student’s use of technologies, and contact the principal (or designee) if the problem persists.
  • Parental/Family Responsibilities • Parents are welcome to contact the school at any time to check on the effectiveness of the plan.
  • Parental/Family Responsibilities • If threats and harassment continue and/or escalate, law enforcement may be called in.
  • Sign Agreement We agree to the Student Safety Plan as stated above. • Student Date • Parent/Guardian Date • Staff Liaison Date • Principal Date • Other Date
  • *Administrative Use* • Date Completed: • Date(s) Modified: • Date(s) Extended:
  • *Administrative Use* • Overall Effectiveness:
  • *Administrative Use* • Recommendations for Improvement:
  • Actual Plan Template
  • Overview of Discipline Requirements As Presented By The New Jersey Department of Education, Office of Special Education Programs
  • A SCHOOL’S DUTY TO PREVENT SUSPENSION AND EXPULSION • Inappropriate student behavior and violation of school rules can have many causes, including an undetected disability, lack of challenging class work, peer conflicts and bullying, emotional problems and a stressful home or community environment. • In most instances, corrective remedial measures and intervention strategies, such as parent conferences, school-based counseling, peer mediation, conflict resolution, referral to appropriate social services, and positive behavioral supports (which may include a behavior modification plan) could help correct inappropriate behavior before suspension and expulsion become an issue.
  • • In most instances, corrective remedial measures and intervention strategies, such as parent conferences, • school-based counseling, • peer mediation, • conflict resolution, • referral to appropriate social services, • and positive behavioral supports (which may include a behavior modification plan) could help correct inappropriate behavior before suspension and expulsion become an issue.
  • Why? Because students need to be enrolled in school to be able to LEARN However, once a student’s behavior starts to disrupt the educational process and/or adversely impact the safe and orderly operation of the school, school officials MUST intervene to provide the student with SERVICES to assist the student.
  • GROUNDS FOR SUSPENSION AND EXPULSION Under New Jersey statute a student may be suspended or expelled for “good cause,” which includes, but is not limited to, any of the following conduct: • continued and willful disobedience; • open defiance of authority; • stealing; • damaging school property; • occupying or causing others to occupy the school building without permission; • causing other students to skip school; • possessing, using or being under the influence of illegal drugs or alcohol in the school building or on school grounds; • trying to injure or injuring another student, a teacher, someone who works for the school, or a school board member; • conviction or adjudication of delinquency for possession of a gun, or committing; a crime while armed with a gun, on school property, on a school bus, or at a school function • knowingly possessing a gun while on school property, on a school bus, or at a school function; AND Harassment, Intimidation, and Bullying
  • Proceed with Caution
  • Don’t Get Tripped by ABR! SCHOOL RESPONSES TO HIB INCIDENT (7) the range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified, which shall be defined by the principal in conjunction with the school anti- bullying specialist, but shall include an appropriate combination of counseling, support services, intervention services, and other programs, as defined by the commissioner; SCHOOL RESPONSE to HIB MUST INCLUDE COMBINATION of RESPONSES: • Counseling • Support Services • I&RS Plan with Interventions • Other Programs NOT JUST DISCIPLINE!
  • Especially if… Superintendent does not recommend discipline or BOE REJECTS HIB Investigation results or Parent Appeals HIB Investigation results
  • So… If punitive measure is used, be sure to document that it was done in response to the CODE OF CONDUCT violation that accompanied alleged HIB behavior, not based solely on alleged HIB behavior. If HIB is overturned, but actions were in line with code of conduct violation, the punitive measures will be upheld. If not, that is a different training for a different day.
  • Best Practice Make sure your HIB and CODE of CONDUCT policies are aligned so that acts that do not meet HIB definition may still qualify as CODE of CONDUCT violation.
  • The Right to Procedural Due Process • The failure of school officials and a board of education to comply with due process protections may provide a defense to a suspension/expulsion decision. • The commissioner of education has held that denial of due process protections is grounds for reversal of the suspension or expulsion decision of a board of education, and for the student’s immediate reinstatement to school.100
  • LAWFUL HIB DISCIPLINE STUDENTS WITH DISABILITIES IEP & SECTION 504
  • NEVER… • You should never remove a student with a disability from the educational setting (in/out school suspension) WITHOUT consulting the Child Study Team. • This includes removal from extracurricular and athletic programs. (SWD-not GEN ED)
  • WHY? Because, you must first determine that the student’s BEHAVIOR that prompted the “removal” is not a MANIFESTATION of his/her disabling condition.
  • Example A student with Tourette’s Syndrome has vocal tics including COPROLALIA (uttering socially inappropriate words such as swearing) or echolalia (repeating the words or phrases of others) may be accused of HIB for shouting racial slurs.
  • Or… May have a group of students with Behavioral Disabilities who technically could be accused of committing HIB several times a day.
  • Consult Your CST This is why it is best practice to consult your local CST or Section 504 Coordinator immediately when a student with a disability is either a HIB Aggressor or Victim. It is a BONUS, if the case manager is able to assist with the HIB investigation of students with disabilities.
  • Another Note… If you have a REPEAT HIB OFFENDER, you may be dealing with a student with an UNDIAGNOSED DISABILITY that is CAUSING the HIB BEHAVIOR. This student at minimum should be an I&RS case, or even a referral for CST/504 evaluation.
  • This is why… A multidimensional, collaborative team approach to School Safety Team, I&RS, and 504 Coordination is beneficial. Less likely to have anything “slip between the cracks”.
  • Manifestation Determination Behavior IS a manifestation of the disability: • May NOT suspend (remove) the student • May change the student’s program and/or placement (IEP team makes the determination) • Must review behavior intervention plan (BIP) If there is no BIP, conduct a functional behavioral assessment (FBA) and develop a BIP If a formal assessment is necessary as part of the FBA, parental consent is required
  • Manifestation Determination Behavior IS NOT a manifestation of the disability: • May suspend (remove) the student • Must continue to provide educational services As appropriate (case by case basis): Review behavior intervention plan (BIP) If there is no BIP, as appropriate, conduct a functional behavioral assessment (FBA) and develop a BIP If the school decides to conduct a formal assessment as part of the FBA, parental consent is required
  • What Constitutes A Removal? • Suspensions from school—removal to an interim alternative educational placement • Expulsions • Suspension from transportation (when as a result, the child does not attend school) • In-school suspension, unless the program provides the following:  Opportunity for students to progress in the general education curriculum  Services and modifications specified in the IEP  Interaction with peers commensurate with the IEP  Services do not penalize the student with regard to grades, credit or attendance.  Certified teacher (general or special education) Applies to classified pupils and those with a potential disability (basis of knowledge)
  • For Removals of TEN (10) or fewer days • Student is subject to the same disciplinary policy as non-disabled students • Case manager and student's parent are notified of each removal (in writing, including reason for removal and number of days) • Tracking system implemented
  • For Removals of TEN (10) or fewer days What services must be provided? • State and Federal regulations require that students with disabilities who are suspended or expelled are entitled to receive a FAPE [6A:14- 1.1(b)] • Students with disabilities are provided services in the same manner as general education students [6A:14- 2.8(a) and 34 CFR 300.530(d)] • Students with disabilities receive services consistent with the IEP [N.J.A.C. 6A:16-7.2(a)5ii]
  • Procedures for Long-term Suspensions • Districts are required to conduct a formal hearing before the district board of education [N.J.A.C. 6A:16-7.3(a)10] Purpose—For the student to contest whether or not he/she committed the offense and/or the appropriateness of the penalty Conducted by the board of education or may be delegated to a committee, school administrator or impartial hearing officer
  • Procedures for Long-term Suspensions Shall take place no later than 30 calendar days following the day the student is suspended Results of the hearing may be appealed to the Commissioner of Education
  • More than TEN (10) Consecutive Days • AUTOMATIC change in placement • Provide the parent with a copy of PRISE  On the date a decision is made to initiate a removal of a student that constitutes a change in placement because of a violation of a code of student conduct  34 CFR 300.530(h) • Convene a meeting of the relevant IEP team members including the parent  Conduct a Manifestation Determination (MD) within 10 school days of the decision to remove the student  For additional suspensions of more than 10 consecutive days in the same school year, the MD must be conducted prior to the removal.
  • Home Instruction • Under Department of Education regulations, home instruction for students removed from school for disciplinary reasons need be only 10 hours per week. • Students receiving home instruction are not usually provided with art, music, computer lab, physical education and other valuable courses that are required under New Jersey’s educational standards — the Core Curriculum Content Standards. • All students removed from school for disciplinary reasons, including those placed on home instruction, are entitled to an education that meets these standards. The law governing home instruction requires that a parent or other adult designated by the parent be present during all periods of instruction, making the provision of home instruction very difficult for students with working parents.
  • Moral of the Story Always pair remedial measures with punitive If punitive, then qualify as code of conduct violation Tread slowly when considering punitive measure for student with a disability Easier to coordinate and defend remedial measures than punitive Might as well develop and implement a system that supports remedial measures