Transcript Discipline and Students w Disabilities 8.18.14

Suspension
& Students with Disabilities
HTTPS://TODAYSMEET.COM/SUSPENSIONS81814
Avoiding Litigation
Discipline:
If a student is exhibiting challenging behaviors, involve
IEP team in conducting a Functional Behavioral
Assessment and developing a Behavioral
Intervention Plan BEFORE suspensions accumulate
to more than 10 days
Discipline Reminders-Short Term Suspension
Short-term Suspension Incident Worksheet
 Completed by administration
 Start recording suspensions on the first incident
 Include Out of School
 Include In School suspension that results in
student not receiving services
 Include bus suspensions if transportation is on IEP
 Sending student home for remainder of day
because of behavior
How do I find the…?
Short-term Suspension Incident Worksheet
NHCS webpage
Discipline Reminders-Short Term Suspension
Change in Placement Suspension Analysis Worksheet
 Completed by administration
 Complete when a planned suspension results in 11 or
more cumulative days
 Complete new analysis for each additional incident
 Determines disciplinary change in placement
 Determines the need for a Manifestation meeting
 Guides “substantially similar” consideration
How do I find the…?
Change in Placement Suspension Analysis Worksheet
NHCS webpage
Discipline Reminders-Manifestation Determination
 Conducted in order to determine if the student can
be removed for his/her disciplinary infraction
based on the two-prong test for manifestation.
 Two-prong Manifestation Test
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Is the conduct in question caused by, or does it have a direct
and substantial relationship to the child’s disability?
OR
Is the conduct in question the direct result of the LEA’s failure
to implement the IEP?
If the team answers YES to either question, the behavior IS a
manifestation of the disability.
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Discipline Reminders-Manifestation Determination
 Was the conduct in question the direct result of the
LEA’s failure to implement the IEP?
 Did the school’s failure to implement the IEP
actually cause the student to violate the code of
conduct?
Discipline Reminders-Manifestation Determination
 Are the placement, setting, accommodations/
modifications and services identified in the IEP
being provided?
 Does the child have behavioral goal(s) in the IEP?
 Have interventions and behavioral plans and/or
contracts been implemented?
Discipline Reminders-Manifestation Determination
 When?
 Within 10 school days of any decision to change the placement
of a child with a disability because of a violation of the student
code of conduct.
 How?
 The manifestation team must review all relevant
information in the student’s file, including the child’s
IEP, any teacher observations, any previous diagnosis,
behavioral concerns, and any relevant information
provided by the parents. This must be documented on a
Manifestation Determination document.
Need to consider …
Manifestation Determination is:
 NOT categorically driven
 NOT a simple analysis of right and wrong
Remember:
 A diagnosis (without other supporting documentation)
does not demonstrate causation
 A disability is NOT:
 a temporary emotional state, a temporary situational
disorder, or a voluntarily induced state of intoxication;
and cannot be bound by medical labels, definitions or
conclusions
 The behavioral framework for manifestation relationships
should be established as a child’s eligibility and needs are
determined
Eric Hartwig
Manifestation Determination – A Short History
In Case, Volume 47, Number 3
Need to consider the key question…
How directly is the behavior linked to the disability?
 How do we think about “manifestation” operationally?
 Severity – significant difference from the expectation,
norm or standard
 Chronic – pattern of behavior that is habitual or
persistent
 Duration – not situational, length of time exhibited
 Frequency – occurs regularly, much more than normal
 Across settings – pervasive (home, school, community),
behavior impacts life functions and social awareness
 Characteristic – patterns like or unlike
 Intensity and pervasiveness – persistent, generalized
not context specific
Eric Hartwig

Manifestation Determination – A Short History
In Case, Volume 47, Number 3
IF the IEP team determines that the behavior
WAS a manifestation …
 Discipline Case Closed
 IEP team must either:
 Conduct
FBA (unless already conducted) and
develop the BIP.
 Review the BIP (if already in place) and modify, if
necessary, to address the behavior.
And (except in the case of “special circumstances”)
 Immediately return the child to the placement
from which he/she was removed (whether a Shortor Long-Term Suspension), unless the parent and
LEA, through the IEP process, agree to a change of
placement.
IF the IEP team determines that the behavior
WAS a manifestation …
 The student may no longer be suspended (Short- or
Long-Term) during the school year for the behavior
reviewed in a manifestation process, when that
behavior was found to be a manifestation.
 If the student has already been removed, the student
must be returned immediately to the current
placement, unless the parent and the LEA, through
the IEP process, agree to change the placement.
If the IEP team decides that the behavior in question
WAS NOT a manifestation …
 School personnel may apply the same disciplinary
procedures as they would for students who do not
have disabilities.
 IEP team determines what services must be provided
so the student continues to: participate in the general
education curriculum; progress toward meeting the
annual goals set forth in the IEP; and receive
behavioral intervention services and modifications
that are designed to address the behavior, so that it
does not recur.
 Conduct an FBA (unless already conducted)
implement BIP; OR
 Review the BIP (if already in place) and modify if
necessary to address the problem behavior.
Pitfalls …
 Not recognizing removals as removals
 In-school suspensions
 Bus suspensions
 Is
transportation a related service?
 Losing track of days
 Cluttered lines of communication
Some Suggestions …
 Have a procedure for “counting the days” for each
student with a disability
 Know who has the duty to determine whether or not
cumulative action amounts to a change of placement
 Develop methods for serving students who are
removed for more than 10 days
 Be prepared for parental disagreement
Questions?
Case Studies
Case Study #1:
 Mary is a ninth grade student who is identified as
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OHI.
During the 3rd month of school, Mary got into a
fight and was removed for 10 consecutive days.
Mary returned to school and was not referred
again to the office until the 6th month of school for
smoking, which is an automatic 3 day removal.
Does the proposed 3 day removal constitute a
change of placement for Mary? Why or why not?
What does IDEA require for Mary as a result of the
3 day removal?
Case Study #1: Ideas & Rationale
 The total number of days Mary had been removed
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prior to being caught smoking was 10…all students
can receive up to 10 cumulative days of removal.
It had been 3 months since the 10 day removal.
The proposed 3 day removal was for a totally
different infraction.
No Disciplinary Change in Placement…proceed
with removal.
School personnel along with one teacher of the
child determine how services will be provided
during 3 day removal.
Case Study #2:
 Steve is an 11th grade student identified as ED.
 Steve is a habitual skipper with known ties to local
gang activity. Within the first 2 months of school he
had been removed for 10 cumulative days.
 During the 3rd month of school, Steve initiates a
major fight at a home football game. The infraction
generates a 10 day removal with the
recommendation for long-term suspension.
 Does the proposed removal constitute a Disciplinary
Change in Placement?
 What does IDEA require be done on Steve’s behalf?
Case Study #2: Ideas & Rationale
 Within 2 months Steve had utilized 10 days.
 The proposed removal is for 10 additional consecutive days
with recommendation for long-term…which DOES
automatically constitute a Disciplinary Change in Placement.
 A manifestation determination MUST be completed.
 If NO Manifestation…the student is subject to the same
standard as non-disabled students.
 The IEP team reviews/revises the FBA/BIP and determines
where & how services will be delivered during the removal.
 If it WAS a Manifestation…the student is not subject to the
same standard as non-disabled students.
 The IEP team reviews/addends the FBA/BIP and
determines if the current placement is appropriate for the
student…BE CAUTIOUS!
 Steve can no longer be suspended for fighting.
Case Study #3:
 Charlie is a 6th grade student identified as LD.
 Charlie is the kid in the office every other day and
within the first 3 months of school had been removed
10 days.
 The following record reflects Charlie’s office visits for
the 4th month:
 November 2-tardy-1 day removal (no Disciplinary
Change in Placement determined by school official)
 November 11-skipping-2 days removal (no
Disciplinary Change in Placement determined by
school official)
 November 29-disruptive in class-proposed 3 day
removal.
Case Study #3:
 Does the proposed 3-day suspension constitute a
Disciplinary Change in Placement? Why or why not?
 What does IDEA require be done on Charlie’s behalf?
Case Study #3: Ideas & Rationale
 Within 3 months Charlie had been removed for 10 days.
 The proposed removal is for 3 days…BUT…there is a clear
pattern of removal that does constitute a Disciplinary Change
in Placement.
 A manifestation determination MUST be completed.
 If NO Manifestation…the student is subject to the same
standard as non-disabled students.
 The IEP team reviews/addends the FBA/BIP and determines
where & how services will be delivered during the removal.
 If it WAS a Manifestation…the student is not subject to the
same standard as non-disabled students.
 The IEP team reviews/addends the FBA/BIP and determines
if the current placement is appropriate for the student…BE
CAUTIOUS!
 Charlie cannot be short- or long-term suspended for class
disruptions.
Case Study #4:
 Sandy is a Senior and is identified as ID.
 Sandy has not been removed this school year.
 The resource officer notices Sandy has a gun on
the backseat of her vehicle when she parks in the
student parking lot.
 What is the appropriate series of steps
administrators can follow and remain compliant
with IDEA?
Case Study #4: Ideas & Rationale
 The principal can order the 45-day IAES.
 Manifestation must be determined within 10 school days.
 The IEP team must determine how & where services will be
delivered during the IAES placement.
 If NO Manifestation…the student is subject to the same
standard as non-disabled students.
 The IEP team reviews/addends the FBA/BIP and
determines where & how services will be delivered during
the removal.
 If it WAS a Manifestation…the student is not subject to the
same standard as non-disabled peers.
 The IEP team reviews/addends the FBA/BIP and
determines if the current placement is appropriate for the
student…BE CAUTIOUS!
 Sandy cannot be suspended for brining a gun to school.
Case Study #4: Ideas & Rationale
 If NO Manifestation…the student is subject to the same
standard as non-disabled students.
 365 day removal for a gun.
 The IEP team reviews/addends the FBA/BIP and
determines where & how services will be delivered
during the removal.
 If it WAS a Manifestation…the student is not subject to
the same standard as non-disabled students.
 Student remains in IAES for up to 45 school days.
Case Study #4: Ideas & Rationale
OR….
 School Administration could exercise the authority to
consider unique circumstances on a case-by-case basis
if a change of placement is necessary based on the
infraction to the student code of conduct.
 Based on this authority…the school administrator has
a number of choices.
Case Study #5:
 Jojo is a 7th grade student with a diagnosis of ADHD
and ODD (Oppositional Defiant Disorder) –served
with an IEP as Other Health Impaired. He receives
behavior support daily (45 minutes a day), is on a point
sheet, and receives research based instruction in
reading and writing (90 minutes a day).
 He has been suspended 3 separate occasions for
fighting - the first suspension 2 days; second
suspension 4 days and last suspension 5 days for a
total of 11 days
Case Study #5:
 With each suspension, the team met to revisit Behavior
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Intervention Plan and plan was modified to provide additional
support.
With the 11th day of suspension, the administrator referred to
the “Short-term Suspension Incident Worksheet” and completed
the “Change of Placement Suspension Analysis Worksheet.”
The administrator determined that a disciplinary change in
placement occurred and a Manifestation Determination meeting
was convened.
Each fight was reviewed in the Manifestation Determination
meeting
 Jojo hit a student because he was bumped in the hall,
 He hit a student when a basketball hit him in the head during
PE time, and
 The third fight occurred when someone looked at him “the
wrong way” in the bathroom.
Were these incidents due to his disability?
Are these behaviors substantially similar?
Can you suspend further for these behaviors?
Case Study #5: Continued
 Two weeks later the student engages in another fight. This
time the student arrives on campus and meets 8 other
students who then begin assaulting another student. This
fight was planned by the students on the day prior and the
fight is part of a gang initiation. All students are suspended
for 10 days with a recommendation for long term.
 Is this behavior substantially similar, why or why not?
 Is another Manifestation Determination meeting necessary?
 Is the long term suspension recommendation supported?
Case Study #5: Continued
 A manifestation is held, the team reviews the student’s IEP
and “Change of Placement Suspension Analysis
Worksheet.” The team determines that this was not an
impulsive act due to the evidence that indicates the
preplanning and premeditation of the fight. Therefore, this
incident was not due to his disability. Student’s long term
suspension is upheld but will end on the first day of second
semester.
 Student attends Pathways for the remainder of the
semester.
Case Study #5: Continued
 Jojo returns to school first day of second semester, team
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meets to review plan with student. He had no incidences of
fighting while attending Pathways.
Four weeks into the second semester, Jojo was in a fight in
the Intensive Behavior Class when a student knocked his
desk into Jojo’s chair.
Has this previously been determined that this was a
manifestation disability?
Is this behavior substantially similar?
Can he be suspended for this behavior?
What does IDEA require for Jojo?
Case Study #5: Ideas and Rationale
Determining substantially similar must be determined
on a case by case situation.
If the behavior was determined to be a Manifestation
then a FBA/BIP must be conducted or the plan must
be reviewed and modified.
Student returns to placement unless the IEP team
process agrees to a change of placement.
Let’s Review!
Check Your Knowledge…
IDEA & Discipline for Students
with Disabilities
True or False?
The “Short-term Suspension Incident
Worksheet” should be completed on the
11th day of cumulative suspension.
FALSE
True or False?
Conducting a manifestation
determination recycles the “10 Day”
calendar for students with disabilities.
FALSE
True or False?
School personnel may consider any unique
circumstances on a case-by-case basis
when deciding if a Disciplinary Change in
Placement is appropriate for a child with a
disability who violates the student code of
conduct.
TRUE
True or False?
Under specific circumstances, school
personnel have the authority under IDEA
to remove a student to an interim
alternative educational setting for up to 45
school days
TRUE
True or False?
Regardless of manifestation determination,
students with disabilities must be provided
services on the 11th cumulative day of
removal.
TRUE
True or False?
Behavioral Intervention Plans are not
considered an official component of the
IEP.
FALSE
True or False?
Students who are suspected of being
students with disabilities are protected
under the disciplinary provisions of the
IDEA.
TRUE
True or False?
Students with disabilities cannot be removed
for more than 10 days within one academic
year.
FALSE
True or False?
A manifestation determination must be
conducted for every proposed removal
after the first ten days.
FALSE
True or False?
If a specific behavior subject to disciplinary
suspension is determined to be a
manifestation of a student’s disability, the
student may be neither long- or short-term
suspended for that specific behavior
during the current school year.
TRUE
True or False?
Bus suspensions resulting in students’ with
disabilities absences are never considered
removals and therefore do not accumulate
in the cumulative day count.
FALSE
True or False?
If the school calls the parent and asks them
to pick up a child because they are
misbehaving, this is considered a
suspension.
TRUE
True or False?
The following represents the two-prong test for
manifestation determination:
1. The behavior was caused by, or was in direct
and substantial relationship to the child’s
disability; or
2. The conduct in question is the direct result of
the LEA’s failure to implement the IEP.
TRUE
True or False?
A student commits an offense that is subject
to a suspension. This behavior is
substantially similar to prior incidents that
have been determined to be a
manifestation of the student’s disability.
The student cannot be suspended.
TRUE