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INFORMING, EDUCATING, EMPOWERING FAMILIES
617-236-7210 | www.fcsn.org | fcsninfo@fcsn.org
Discipline for All
Presented by:
Parent Training and Information Center
Federation for Children with Special Needs
www.fcs...
Who We Are . . . .
The Parent Training and Information Center
(PTI), a project of The Federation for Children with
Special...
The Federation’s Impact on Families
• Assist approximately
40,000 families per year
• Respond to more than
16,000 phone ca...
Workshop Outline
 School Handbook
 Behavior
 Discipline
 Restraints
 Suspensions
 Protections for Students with Disa...
School
Handbook
District-wide policy
School policy
“Code of Conduct”
Request a copy!
What is Behavior?
Communication!
• Behavior that is big and bold!
• Behavior that is quiet and withdrawn!
• Children need ...
“Children do well if they can and if they
can’t it is up to the adult to figure out why.”
Ross W. Greene, PhD
The Explosiv...
“The child is delayed in the development of the
skills flexibility, adaptability, frustration tolerance
or he has signific...
Behavior
Tim Martin, Ph.D.
Frontal Lobe
•Emotional Regulation
•Attention
•Problem Solving
•Role of Stress
•Other Education...
Discipline
Consequences!
Effective NOT Effective
If the child understands
the meaning
If the child is NOT able
to understa...
Discipline
Types of Consequences!
Loss of privilege (recess, field trip, etc.)
Detention
In-School Suspension
Out-of-S...
1. Vice Principal
2. Principal
3. Teachers
4. School Counselor
5. Bus Driver or Bus Monitor
6. Cafeteria Monitor
7. Relate...
How to help a Child think about a Behavior
Discipline
Provide empathy
Anticipate problems
Stay clam in the midst of fru...
Restraints
NEVER can be used as discipline!
May be used when BOTH are true:
1. Non-physical interventions would not be eff...
Suspensions
“Chapter 222”
 All students must have the opportunity to make “academic
progress”
 Requires consideration of...
Suspensions
 Emergency Removal
(no more than 2 days)
 In-School
(maximum 10 days per school year)
 Out-of-School Short-...
Suspensions
Emergency Removal
 Maximum 2 school days following day of removal
 Student is charged with a disciplinary of...
Suspensions
In-School Suspension
 Up to 10 school days per year
 Notice to Parent on same day of Principal’s decision
re...
Suspensions
Short-term Suspension
 Maximum of 10 school days per year
 Principal’s Hearing before suspension is served
...
Suspensions
Long-term Suspension
 Greater than 10 school days per year
 Principal’s Hearing before suspension is served
...
Suspensions
Expulsion
 ONLY for possession of a dangerous weapon or drugs,
assault on staff or conviction of a felony
 G...
The 4 “special” offenses
1. Possession of a dangerous weapon
2. Possession of a controlled substance
3. Assault on educati...
Protections for
Students with Disabilities
 Functional Behavioral Assessment
 Manifestation Determination
 Continuation...
Functional Behavioral Assessment (“FBA”)
1. Possible causes of problem behavior
2. Alternative ways of addressing and
corr...
Protections for
Students with Disabilities
Manifestation Determination
Removal from school
for more than 10 days
Protections for
Students with Disabilities
Manifestation Determination
2 Questions:
1. Was the behavior “caused by” or
did...
Protections for
Students with Disabilities
Manifestation Determination
School, Parent & relevant members of
IEP Team
Must ...
Protections for
Students with Disabilities
Manifestation Determination
YES NO
 Conduct FBA (if not
previously done)
 Ret...
Protections for
Students with Disabilities
Interim Alternative Educational Setting
 No Manifestation Determination requir...
 Parent Concerns
 Evaluation Results (Impulsivity, Social/Emotional)
 Vision
 PLEP A
 PLEP B (Behavior Need
 Current...
Discipline and the IEP
Positive Behavioral Intervention and Supports
Proactive
Address difficult behaviors before the beh...
What to do?
 Principal’s Hearing
 Superintendent’s Hearing
 Manifestation Determination
 Functional Behavioral Assessm...
1. Read your school HANDBOOK
2. Be sure the IEP reflects your child’s specific needs
3. Get to know your school staff, esp...
How can the Federation help
You?
Call Center
617-236-
7210
Email Us
fcsninfo@fcsn.org
Visit our website
www.fcsn.o
rg
Foll...
© Federation for Children with Special Needs , 2013
Additional Workshops
Basic Rights in Special Education
An IEP for My C...
INFORMING, EDUCATING, EMPOWERING FAMILIES
617-236-7210 | www.fcsn.org | fcsninfo@fcsn.org
Thank you for
coming!
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Suspension & Discipline in Special Education

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Explains the suspension laws and discipline related rights and protections for students on 504 Plans and IEPs.

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Suspension & Discipline in Special Education

  1. 1. INFORMING, EDUCATING, EMPOWERING FAMILIES 617-236-7210 | www.fcsn.org | fcsninfo@fcsn.org
  2. 2. Discipline for All Presented by: Parent Training and Information Center Federation for Children with Special Needs www.fcsn.org/pti Supported in part by grants from the U.S. Dept. of Education, Office of Special Education Programs and the Massachusetts Department of Elementary and Secondary Education © Federation for Children with Special Needs, 2013 The Schrafft Center ● 529 Main Street, Suite 1M3 ● Boston, MA 02129 617-236-7210 ● Toll Free 1-800-33-0688 ● Fax 617-241-0330
  3. 3. Who We Are . . . . The Parent Training and Information Center (PTI), a project of The Federation for Children with Special Needs, provides families with information, support and assistance on special education law and process to encourage full participation in community life by all children, especially those with disabilities.
  4. 4. The Federation’s Impact on Families • Assist approximately 40,000 families per year • Respond to more than 16,000 phone calls and emails per year • Maintain a website, www.fcsn.org, which receives more than 1.5 million visitors per year • Present 500 training workshops to 8000 families and 1000 professionals at 100 sites across the state annually • Publish quarterly newsletter, Newsline, with a distribution of 30,000 readers • Annual conference “Visions of Community” • Join us on Facebook, Twitter and YouTube!
  5. 5. Workshop Outline  School Handbook  Behavior  Discipline  Restraints  Suspensions  Protections for Students with Disabilities  Discipline and the IEP  What to do?
  6. 6. School Handbook District-wide policy School policy “Code of Conduct” Request a copy!
  7. 7. What is Behavior? Communication! • Behavior that is big and bold! • Behavior that is quiet and withdrawn! • Children need others to understand their communication system! • Consider cultural influences!
  8. 8. “Children do well if they can and if they can’t it is up to the adult to figure out why.” Ross W. Greene, PhD The Explosive Child Behavior
  9. 9. “The child is delayed in the development of the skills flexibility, adaptability, frustration tolerance or he has significant difficulty applying these skills when they are needed most.” Ross W. Greene, PhD The Explosive Child Behavior
  10. 10. Behavior Tim Martin, Ph.D. Frontal Lobe •Emotional Regulation •Attention •Problem Solving •Role of Stress •Other Educational Implications • Verbal Fluency • Memory Retrieval • Shifting Set
  11. 11. Discipline Consequences! Effective NOT Effective If the child understands the meaning If the child is NOT able to understand the meaning Consider cultural influences!!!
  12. 12. Discipline Types of Consequences! Loss of privilege (recess, field trip, etc.) Detention In-School Suspension Out-of-School Suspension Expulsion from School Other types!
  13. 13. 1. Vice Principal 2. Principal 3. Teachers 4. School Counselor 5. Bus Driver or Bus Monitor 6. Cafeteria Monitor 7. Related Service Providers 8. Paraprofessionals 9. Superintendent Who Manages Behavior at Your Child’s School? Discipline
  14. 14. How to help a Child think about a Behavior Discipline Provide empathy Anticipate problems Stay clam in the midst of frustration Accurate interpretation Taking another’s perspective See the big picture Concept of time/delay gratification Envision and evaluate alternatives Provide invitation to problem solving together
  15. 15. Restraints NEVER can be used as discipline! May be used when BOTH are true: 1. Non-physical interventions would not be effective 2. Student’s behavior poses a threat of “imminent, serious, physical harm to self and/or others” See Massachusetts Restraint Regulations 603 CMR 46.00
  16. 16. Suspensions “Chapter 222”  All students must have the opportunity to make “academic progress”  Requires consideration of alternative forms of discipline tutoring, alternative placements, Saturday school, online or distance learning  All schools must have a school-wide • “Education Service Plan” which offers alternative educational services when students are serving a “long-term” suspension or are “expelled” All students, regardless of the reason they have been suspended or expelled must have the opportunity to make educational progress AND have access to educational services under the school’s Education Service Plan.  All suspensions must be reported to the Department of Elementary and Secondary Education (DESE)  Special discipline procedures for students who commit certain offenses
  17. 17. Suspensions  Emergency Removal (no more than 2 days)  In-School (maximum 10 days per school year)  Out-of-School Short-Term (maximum 10 or fewer days per school year)  Out-of-School Long-Term (more than 10 days per school year)  Out-of-School Expulsion (more than 90 days)
  18. 18. Suspensions Emergency Removal  Maximum 2 school days following day of removal  Student is charged with a disciplinary offense and student’s continued presence either: a. danger to persons or property; or b. “materially” and “substantially” disruptive And, in principal’s judgment NO alternative  Oral & written notice  Opportunity for Principal’s Hearing during removal  Principal MUST ensure arrangements for Student’s safety and transportation home
  19. 19. Suspensions In-School Suspension  Up to 10 school days per year  Notice to Parent on same day of Principal’s decision regarding length of suspension  Meeting with Principal and Parent  Written Notice of opportunity to earn credits, make up assignments, tests, papers, etc. to make “academic progress”
  20. 20. Suspensions Short-term Suspension  Maximum of 10 school days per year  Principal’s Hearing before suspension is served  Principal’s decision is final (no right of appeal)  Written Notice of opportunity to earn credits, make up assignments, tests, papers, etc. to make “academic progress”
  21. 21. Suspensions Long-term Suspension  Greater than 10 school days per year  Principal’s Hearing before suspension is served  Right of appeal to Superintendent  Superintendent’s decision is final (no further right of appeal)  Written Notice of alternative educational services available under the school’s “Education Service Plan”  Written Notice of alternative disciplinary options considered and rejected
  22. 22. Suspensions Expulsion  ONLY for possession of a dangerous weapon or drugs, assault on staff or conviction of a felony  Greater than 90 school days  May be indefinite or permanent  Written Notice  Educational services via “Education Service Plan”  Principal’s hearing is not always required  Appeal to Superintendent is permissible  Expulsion can transfer with student to a new district
  23. 23. The 4 “special” offenses 1. Possession of a dangerous weapon 2. Possession of a controlled substance 3. Assault on educational staff 4. Felony charge or conviction when the Principal determines that the student’s continued presence would have a “detrimental effect on the general welfare of the school” Chapter 222
  24. 24. Protections for Students with Disabilities  Functional Behavioral Assessment  Manifestation Determination  Continuation of Services (FAPE)  Interim Alternative Educational Setting
  25. 25. Functional Behavioral Assessment (“FBA”) 1. Possible causes of problem behavior 2. Alternative ways of addressing and correcting the behavior Formal collection of data to answer 2 questions:  Board Certified Behavior Analyst (BCBA)  Psychologist  Teacher  Autism Consultant  Parent  Combination (e.g: BCBA and parent) Protections for Students with Disabilities
  26. 26. Protections for Students with Disabilities Manifestation Determination Removal from school for more than 10 days
  27. 27. Protections for Students with Disabilities Manifestation Determination 2 Questions: 1. Was the behavior “caused by” or did it have a “direct and substantial relationship” to the child’s disability? 2. Was the behavior a “direct result” of the school’s failure to implement the IEP?
  28. 28. Protections for Students with Disabilities Manifestation Determination School, Parent & relevant members of IEP Team Must review and consider: All relevant information in Student’s file Teacher input and observations Information provided by Parent Any other relevant information
  29. 29. Protections for Students with Disabilities Manifestation Determination YES NO  Conduct FBA (if not previously done)  Return child to placement  Discipline may continue  Must provide services (FAPE)  Right to have FBA  Appeal to BSEA
  30. 30. Protections for Students with Disabilities Interim Alternative Educational Setting  No Manifestation Determination required!  45 Days  3 Situations: 1. Weapon 2. Illegal drugs 3. Serious bodily harm
  31. 31.  Parent Concerns  Evaluation Results (Impulsivity, Social/Emotional)  Vision  PLEP A  PLEP B (Behavior Need  Current Performance Levels  Measurable Goals, Objectives, Benchmarks  Service Delivery Grid  Schedule Modification  Additional Information  Parent Response Discipline and the IEP
  32. 32. Discipline and the IEP Positive Behavioral Intervention and Supports Proactive Address difficult behaviors before the behavior even occurs Educate Teaching the student with appropriate behavioral expectations Functional Capable of helping the student learn appropriate behavioral expectations Individualized Specific to one child’s needsThis Plan must be updated regularly to meet the needs of the child
  33. 33. What to do?  Principal’s Hearing  Superintendent’s Hearing  Manifestation Determination  Functional Behavioral Assessment “FBA”  IEP Meeting  Positive Behavioral Intervention and Support Plan  BSEA
  34. 34. 1. Read your school HANDBOOK 2. Be sure the IEP reflects your child’s specific needs 3. Get to know your school staff, especially those in charge of discipline 4. Make sure school staff understand your child’s needs through Effective Communication 5. Contact the Federation for Children with Special Needs at 1-800-331-0688 for further information. The Final Word
  35. 35. How can the Federation help You? Call Center 617-236- 7210 Email Us fcsninfo@fcsn.org Visit our website www.fcsn.o rg Follow Us on . . .
  36. 36. © Federation for Children with Special Needs , 2013 Additional Workshops Basic Rights in Special Education An IEP for My Child Transition Planning for Middle and High School Students Effective Communication and the IEP MCAS: Access and Achievement for Students with Disabilities Understanding My Child’s Learning Style 504 Plans
  37. 37. INFORMING, EDUCATING, EMPOWERING FAMILIES 617-236-7210 | www.fcsn.org | fcsninfo@fcsn.org Thank you for coming!

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