Discipline procedures for students with disabilities


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  • This PowerPoint was created as a result of the district’s Focus Monitoring by the Michigan Department of Education, Office of Special Education and Early Intervention Services. The Continuous Improvement Monitoring System data required the district be focused monitored due to the disproportionate amount of suspensions of African American students with disabilities.
  • Michelle slide on IQ info. & lost hours of instruction
  • Please keep in mind that each special education student is provided with 10 “free” days per school year.  After 10 days of removal the district is obligated to provide the student with a Free Appropriate Public Education (FAPE) regardless of the results of a manifestation determination review.
  • On the date in which the decision is made to change the student’s placement, the parents must be notified of the decision and be provided with their procedural safeguards. This is one area the district was found to be out of compliance.
  • Positive Behavioral Interventions (PBS) must be considered when a student’s behavior impedes his/her learning or the learning of others.  A functional behavior assessment must be conducted and then the IEP team must gather to create the behavior intervention plan.  If suspensions continue the behavior intervention plan must be reexamined and altered to meet the needs of the students. Please see the following links for information regarding Positive Behavior Supports.
  • This flowchart would be referred to when any student is being considered for suspension.
  • This flowchart would be referred to when a student with a disability is being considered for suspension with 10 days or less.
  • This flowchart would be referred to when considering suspending a student with a disability with 11 or more days of suspension or previous suspension show a pattern of removal.
  • This flowchart would be referred to when a student with a disability has been suspended due to drugs, weapons or serious bodily injury.
  • This flowchart would be referred to when a student with a disability has been suspended due to dangerous behavior.
  • This is very important to keep in mind. Any removal for any portion of the day is counted as a full day of removal for students with disabilities.
  • The next two slides describe the Interim Alternative Educational Setting and the use of this setting.
  • Discipline procedures for students with disabilities

    2. 2. What is FAPE? A free appropriate public education (FAPE) is available to all children with disabilities residing in the State between the ages of 3 and 21 (Michigan is 26), inclusive, including children with disabilities who have been suspended or expelled from school.
    3. 3. Disciplinary Removals 10 DAYS OR LESS PER YEAR 11 DAYS OR MORE  After 10 cumulative Children with school days, services disabilities can be must be provided to allow removed from school the student to continue to for up to 10 cumulative advance in the general schools days in a education curriculum and school year, before the to progress toward meeting special education  IEP goals. (FAPE) “discipline requirements” apply.
    4. 4. Change of Placement A single suspension exceeding 10 consecutive school days or a series of suspensions that form a pattern of exclusion, constitute a change in educational placement.
    5. 5. Change of Placement  A change of placement is determined on a case-by-case basis by school personnel  If there is a change of placement --  On the date in which the decision is made, parents must be notified of the decision and provided with procedural safeguards.  Services are determined by the child‟s IEP team.  A manifestation determination is required.
    6. 6. Student Discipline under IDEA „04  Series or pattern:  Long – term or Short – term change of suspension:  Removals for placement: conduct that involves the same or Removal for 10 similar behavior and  Removal for more school days or that may represent a than 10 days at a less manifestation of the time or cumulative student‟s disability removals of more than 10 days in a school year.
    7. 7. Behavior• If the student’s behavior impedes his/her learning or the learning of others, the IEP team must consider the use of positive behavioral interventions and supports to address the behavior.• http://www.pbis.org/• http://www.michigan.gov/documents/mde/SchoolwidePBS_264634_7 .pdf
    8. 8. “Special Circumstances”In “special circumstances”that involve a weapon,illegal drugs, or seriousbodily injury, a studentmay be administrativelyassigned to an InterimAlternative EducationalSetting (IAES) via an IEPfor up to 45 days withoutparental agreement.
    9. 9. Figure 1 General Considerations An incident of student behavior occurs that results in a disciplinary removal from school See Student Not Yet Is the student receiving special Eligible for Special education? YES No Education (Figure 2) Is this removal for 10 school days or See Removal – Not A less? NO Yes Change in Placement (Figure 3) Is this removal for drugs or See Change in Placement: weapons? Yes Drugs/Weapons/Serious NO Bodily Injury (Figure 5) Is this removal for behavior not involving drugs or weapons? See Change in Placement: Yes NO Dangerous Behavior (Figure 6)See General Change in Placement (Figure 4)
    10. 10. Figure 3 Removals - Not a Change in Placement (10 or less school days) School sends parent notice of disciplinary action according to general education policy. Has student accumulated more than 10 school days of removal in the school year? YES NO Do a series of removals form a pattern of exclusion (change of District implements general placement) taking into account: education discipline procedures. •Length of removals; •Total amount of time removed; •Proximity of removals to each other? On 11th school day of removal in The IEP Team reviews the a school year, school provides need for Functional special education services Behavior Assessment determined by school and (FBA) and Behavior special education Intervention Plan (BIP). administration.See General Change in Placement (Figure 4)
    11. 11. Figure 4 Removals - General Change of Placement (11 or more days or pattern of removals constituting a change in placement)On the day on which the decision is made to remove the student, the school provides parent notice of specialeducation rights and procedures.Within 10 school days of the decision to change the placement due to a violation of a code of student conduct, thedistrict, parent and relevant members of the IEP Team must determine: Is the behavior a manifestation of thedisability? The IEPT reviews the need for Does the IEPT consider the a Functional Behavior behavior a manifestation of Assessment (FBA) and the disability? Behavior Intervention Plan YES NO (BIP) The IEPT meets to determine services that General disciplinary will occur when the school implements general procedures are terminated. education discipline procedures. The services The student returns to must: placement of last IEP or other •Enable student to appropriately progress in placement determined by the the general curriculum, and IEPT. •Appropriately advance toward IEP goals Parent disagrees and School and parent agree on requests due manifestation determination process hearing and new IEP Parent may request expedited hearing to appeal the Implement the new IEP manifestation determination decided by the IEPT. and/or services. During due process, student placement remains in the last uncontested IEP.
    12. 12. Figure 5 Change of Placement: Special Circumstance Behaviors (Drugs/Weapons/Serious Bodily Injury) On the day on which the decision is made to remove the student, the building administrator or designee provides parent notice of special education rights and procedures. Manifestation Determination The IEPT reviews the need for a held - Does the IEPT consider Functional Behavior Assessment (FBA) the behavior a manifestation of and Behavior Intervention Plan (BIP) the disability? Yes or No The district may use general discipline procedures and place the student in an interim alternative education setting (IAES). Setting and services are determined by the IEP Team. The IAES must: •enable the student to continue to progress in the general curriculum; and •continue services and modifications to enable theSchool and parent student to meet the goals in the IEP; and Parent disagreesagree on •include services and modifications that are designed and requests duemanifestation to prevent the behavior from recurring. process hearing.determination, IAES,and services. Parent may request expedited hearing to appeal the manifestation determination and/or IAES. During IAES and services decided due process, student placement by the IEPT begins. remains in the IAES proposed by the school.
    13. 13. Serious Bodily Injury  The term “serious bodily injury” is defined as being inflicted with an injury or illness that involves:  (1) a substantial risk of death;  (2) extreme physical pain;  (3) protracted and obvious disfigurement; or  (4) protracted loss or impairment of the function of a bodily member, organ or mental faculty.
    14. 14. Serious Bodily InjuryIn order to defend a decision to issue a 45-dayalternative placement, a school district must be able todemonstrate that the injury to the victim was significant.There must be evidence that the victim required sometype of involved or ongoing medical treatment and thatthe subject injury is of the type that requires painmanagement. In other words, cuts, abrasions orbruises resulting from the typical fist-fight are unlikely tobe sufficient in and of themselves to meet the criteriafor establishing “serious bodily injury.”
    15. 15. Figure 6 Change of Placement: Dangerous Behavior (Not Special Circumstance Behavior)On the day on which the decision is made to remove the student, the school provides parent notice ofspecial education rights and procedures. Does the IEPT consider the behavior a manifestation of The IEPT reviews the need for a the disability? Functional Behavior Assessment YES NO (FBA) and Behavior Intervention Plan (BIP) Relevant disciplinary procedures applicable Student returns to placement of last uncontested to children without disabilities may be used. IEP. Agency must take immediate steps to (Service standards are the same as for remediate any deficiencies in the IEP General Change of Placement, see Figure 4. Manifestation appeal Manifestation unsuccessful appeal Parent may appeal manifestation successful determination. Student continuesExpedited Hearing – Manifestation placement in effect for last uncontestedA hearing officer may also, at district request, IEP during manifestation hearing.order a placement to an IAES for not more If it is believed that maintaining thethan 45 calendar days. (Service standards are student in the current placement isthe same as for Drugs and Weapons, see substantially likely to result in injury to theFigure 5. Other placement may be used if student or others, the district may seek aschool and parent agree. court order for an alternative setting. Placement ordered by Student continues hearing officer begins. Placement ordered by hearing placement in effect for officer is in effect pending last uncontested IEP further appeal. during appeal.
    16. 16. School days mean……………… Any day, including a partial day that the student is in attendance for instructional purposes. The term “school day” has the same meaning for all students in school, including students with or without disabilities.
    17. 17. Interim Alternative Educational Setting An Interim Alternative Educational Setting (IAES) is a forty-five day placement that can only be used when certain types of discipline are involved; weapons possession/use of illegal drugs sale/solicitation of a controlled substance, or serious bodily injury has been inflicted upon another person while at school or at a school function under the jurisdiction of a State or local educational agency.
    18. 18. Interim Alternative Educational Setting Cannot exceed forty-five (45) school days Must be implemented through an IEP Team Must allow for access to general education curriculum Must provide services indicated on the IEP as well as any necessary modifications to enable the student to meet IEP goals Must provide for services and modifications to address the specific problem behavior
    19. 19. Confidentiality and “need to know”It is important that the schools administrative staff understand that, even within the school,FERPA restricts access (absent written parental permission) to only those individuals with alegitimate need for access. Accordingly, absent special reason, a faculty member generally should not have access to education records of students to whom she is not providing instruction.A schools records confidentiality policy and procedures, if they are to be sound, should ensure limits on access to records not only to individuals or entities unassociated with the school, but to faculty and staff as well. To ensure that school personnel are aware of this requirement, the school may wish to require employees to sign annually a confidentiality agreement, through which