Transcript Discipline Under the IDEA

Discipline Under the
IDEA
Tulsa Public Schools
Special Education and Student Services
Presenter: Cheryl Henry
August, 2011
Discipline Under IDEA
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Key definitions
 What constitutes a change of placement?
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Any disciplinary removal that exceeds 10
consecutive school days is automatically a
change of placement
OR
Any series of short term (more than 10
cumulative days over entire school year)
disciplinary removals that result in a pattern of
exclusion are defined as a change of
placement.
Manifestation Determination (MD)
Meeting
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When the number of days a student with a disability is
being considered for disciplinary removal will exceed
10 days over the entire school year the IEP team must
hold a MD meeting. A Manifestation Determination
meeting must be held prior to the student’s 11th day of
suspension or other disciplinary removal.
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At the MD meeting the IEP team must consider all
information relevant to the behavior subject to
disciplinary action.
What is a Manifestation
Determination (MD)?
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Process that looks at the student's disability,
the functional basis for the behavior, behavior
intervention plan if it exists, the behavior, and
the student's program to determine if the
behavior was caused by or was directly
linked to the disability.
Who attends the MD meeting?
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The IEP team that makes the Manifestation
Determination decision must include those
who are knowledgeable about the student’s
disability and the meaning of evaluation data
and other significant information.
These members must also be knowledgeable
about the student and his/her program, and
placement options and include the parent.
Discipline Under IDEA
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ALL suspensions or other disciplinary removals
after the student’s 10th day of suspension or
other change of placement for the current school
year must be submitted to the DRC.
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The MD must be conducted prior to submission
to the DRC. (DRC pg. 14)
Relevant Information
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Suspension Information
Witness statements and related documentation
Disciplinary Log Entries
Attendance
Grades
Student Schedule/Services (including course enrollment)
Current IEP, REDS/MEEGS
Behavior Intervention Plan and proof of implementation
with fidelity
At the meeting:
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Personnel will pull the relevant information
from the student’s folder and other files and
make copies for team members to review.
Staff will complete the Manifestation
Determination form.
The form should not be filled out prior to the
meeting.
At the meeting:
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Team members will thoroughly discuss the
relevant information in a objective manner as
it relates to the student’s disability. The MD
team should also review the information in
terms of the behavior subject to disciplinary
action.
Completion of the Manifestation
Determination form confirms that the team
has fully considered this information.
Decision
From its review of all relevant information,
including any information the parent provides,
the IEP team must determine whether or not
the behavior subject to disciplinary action is a
manifestation of the student’s disability.
(See DRC handbook pgs. 17-19 and related
flowchart)
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If not a Manifestation of Disability
then all of these are true:
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The conduct in question was not caused by
the student’s disability;
The conduct in question did not have a direct
or substantial relationship to the student’s
disability; and
The conduct in question was not the direct
result of the school’s failure to implement the
student’s IEP.
If behavior was not a manifestation of
the student’s disability:
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The school can implement the disciplinary removal.
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The school must deliver educational services to the
student during the time of the disciplinary removal.
If the IEP team finds that one or more of
the manifestation determination criteria
was not met:
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The team must find that the behavior was a
manifestation of the student’s disability.
If behavior was a manifestation of
the student’s disability:
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The school cannot implement the disciplinary removal.
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The IEP team must still consider whether changes to the IEP are
necessary to meet the student’s unique needs.
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If the IEP team identifies deficiencies in the student’s IEP or in
the implementation of the IEP through the manifestation
determination process, the team will take immediate steps to
remedy the deficiencies.
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The IEP team will revise the student’s IEP to reflect all
such changes
If behavior was a manifestation of the
student’s disability:
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If the school, the parent, and relevant members of the
IEP team make the determination that the behavior was
a manifestation of the child’s disability, the IEP team
must either conduct a Functional Behavior Assessment
(FBA) unless the school had conducted an FBA before
the change of placement occurred, and implement a
Behavior Intervention Plan (BIP) or if a BIP already
exists, review the BIP, and modify it, as necessary, and
return the child to the placement from which the child
was removed, unless the parent and school agree to a
change of placement as part of the modification of the
IEP and the BIP. (DRC pg. 19)
Examples of LEAs Failure to
Provide FAPE
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Out of date MEEGS/REDS, IEP including
BIP
Failure to follow the Behavior Intervention
Plan as outlined
Failure to provide the special education
and related services as indicated in the
IEP
Recurring behaviors that are not
addressed in the IEP
If the parent disagrees with
other team members:
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The IEP team should nevertheless complete the
Manifestation Determination process by
documenting the meeting on the Manifestation
Determination form and each team member should
sign “agree” or “disagree”.
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If a parent requests a hearing to challenge the
manifestation determination review, the student
must remain in the educational setting pending the
decision of the suspension review committee and/or
the hearing officer. (DRC pg. 19)
If the parent disagrees with
other team members:
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School personnel should follow the policies
and procedures concerning use of the Written
Notice to Parents form.
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The school must wait a reasonable amount of
time from the day the parent receives the
Written Notice to Parents form before
implementing the change of placement.
Initiating a Change of Placement Due to
Weapons, Drug Possession, Serious
Bodily Injury
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School personnel may initiate a disciplinary change of
placement for a child with a disability without regard to
whether the behavior is determined to be a manifestation
of the student’s disability, if the child:
Carries or possesses a weapon at school, on school
premises, or to or at a school function;
Possesses or uses illegal drugs or sells or solicits the
sale of a controlled substance at school, on school
premises, or to or at a school function; or
Has inflicted serious bodily injury upon another person
while at school, on school premises, or at a school
function.
Submission of Paperwork
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School staff must submit copies of the following
paperwork to the Compliance and Monitoring
Coordinator upon completion of the
Manifestation Determination and IEP- change of
placement meeting:
The IEP Addendum;
The completed Manifestation Determination
form; and
The Disciplinary Change of Placement
Procedures form.
Paperwork to Submit for
Homebased Services
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Current student demographic information from PowerSchool
The IEP Addendum including the student’s current math and
reading levels with beginning and ending dates for services.
Indicate on the IEP whether the student requires the A+
program or a tutor
Manifestation Determination form
The student’s current class schedule with course numbers.
Withdrawal grades
The Homebased Change of Placement Form as the cover
sheet for the packet.
Conclusion
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Participants may refer to the Discipline Procedures
outlined on pages 162-173 of the Policies and
Procedures for Special Education in Oklahoma 2007
(Amended May 2010) manual for further guidance.
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Contact Special Education and Student Services at
918-746-6113 for further guidance and technical support
on the MD process.