Transcript GOALS OF TRAINING

GOALS OF TRAINING
• Understand basic principles of special
education discipline requirements
• Apply basic rules of special education
discipline requirements
• Become aware of the Special Education
Disciplinary Action Advisor and other
resources
Basic Principles
Special education discipline provisions attempt to strike a
balance between:
• the concerns of school administrators, staff, and parents
regarding school safety and order,
• helping schools respond appropriately to a child’s
behavior,
• promoting the use of appropriate behavioral
interventions and supports, and
• increasing the likelihood of success in school and
school completion for some of our most at-risk
students.
Basic Principles
• Proactive approach to behavior issues
• If behavior impedes learning, the IEP team
must consider appropriate strategies,
supports and services
Proactive Approach to Behavior
• Functional behavioral assessments
• Positive behavioral intervention plans
Functional Behavioral
Assessment
• Continuous process for identifying:
» purpose or function of behavior
» variables that influence behavior
» components of an effective behavioral
intervention plan
Functional Behavioral
Assessment
Antecedent
Behavior
Consequence
Common Functions of Behavior
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Escape or avoidance
Justice or revenge
Acceptance
Power or control
Self expression
Rewards
When is FBA Used?
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when legally required
challenging behaviors
when program ineffective
risk of harm or exclusion
when restrictive setting considered
repeated and serious behavior
Who Does the FBA/BIP ?
• Involve parents/IEP team in FBA
• IEP team develops the behavioral
intervention plan
Positive Behavioral
Supports/Interventions
• Modify environment
• Teach replacement skills
Examples of Positive
Supports/Interventions
 modifying or adjusting instructional strategies, curriculum,
and materials
 modifying or adjusting classroom seating, arrangement, or
traffic
 modifying or adjusting testing and evaluation procedures
 providing increased choices
 providing predictable classroom routines
 foreshadowing change
 cueing students
 having clear, consistent expectations and consequences
Discipline
Legal Authority
• Individuals with Disabilities Education
Act of 1997 (I.D.E.A.), 20 U.S.C. 1415k
• Subchapter V of chapter 115, Stats.,
• §120.13, Stats.
• §118.164, Stats., Regulations
• 34 C.F.R. 300.121; 300.519- 300.529 –
• Caselaw
Pretest
Key Points
• Schools and parents can often agree
• Discipline permitted only to same extent as
nondisabled
• No absolute limit on days of removal
• Short removals allowed if not a change of
placement
• When disciplinary removals exceed 10
cumulative school days, specific actions
required
Key Points
• Manifestation determination required with
any disciplinary change of placement
• Change of placement occurs when» more than 10 consecutive school days; or
» more than 10 cumulative school days
that create a pattern of removal
• Not required with a short term removal
that is not a change of placement
Key Points
Functional behavioral assessment and
behavioral intervention plan required:
• with any disciplinary change of
placement; and
• with any removal over 10 cumulative
school days in a school year
Key Points
Services during disciplinary removals
• not required during the first 10 school
days in a school year
• specific requirements after 10 school
days in a school
Range of Options
• Specially designed instruction or related
services, including behavior management
strategies and supports
• Conflict management
• Study carrels, timeouts, restriction of
privileges
• Restriction of extra-curricular activities
Range of Options
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In-school removal
Suspension from school
Expulsion
IAES for weapons/drugs
IAES when injury likely
Court Order
Combination of options
In-school Removal
• Cannot exceed 10 consecutive school days
or exceed 10 cumulative school days and
create a pattern
In-school Removal
Don’t “count” as disciplinary removals if the
child:
has the opportunity to continue to
progress in the general curriculum;
 continues to receive IEP services; and
continues to participate with nondisabled
children to the same extent
Removal from class by teacher
under 118.164
If student:
• violates the code of conduct adopted by
the school board;
• is disruptive, dangerous or unruly as
defined in code of conduct; or
• interferes with the ability to teach
effectively, as specified in the code of
conduct
Removal from class by teacher
under 118.164
• Teacher sends student to principal or
designee
• Teacher immediately notifies principal or
designee of reasons for removal from class
• Teacher provides principal or designee
written explanation of reasons for removal
within 24 hours
Removal from class by teacher
under 118.164
• The principal or designee places the child in:
› An alternative education program under s.
115.28(7)(e)1;
› Another class or another appropriate place in
the school;
› Another instructional setting; or
› The class from which student was removed.
• Other discipline may also be imposed
Removal from class by teacher
under 118.164
• Removals from class are subject to special
education requirements
• Removals from class cannot be unilaterally
imposed by school personnel if they would
constitute a change of placement (greater
than 10 days consecutive or greater than 10
days cumulative that creates a pattern)
Suspension from school
 Noncompliance with school rules
 Making a bomb threat
 Conduct by the pupil while at school or while under
the supervision of a school authority which endangers
the property, health or safety of others
 Conduct while not at school or while not under the
supervision of a school authority which endangers the
property, health or safety of others at school or under
the supervision of a school authority or endangers the
property, health or safety of any employee or school
board member of the school district in which the pupil
is enrolled
Suspension from school
 Limited to 5 days
 Up to 10 days,
if notice of expulsion
hearing has been sent
Suspension from school
• Up to 15 days if notice of expulsion hearing
has been sent if:
» IEP team determines misconduct not a
manifestation of the child’s disability, and
» manifestation determination done before
removal may extend beyond 10
consecutive school days or otherwise
constitutes a change in placement
Suspension procedures
• Advise student of reason and
right to respond prior to suspension
• Promptly notify parent of reason for
suspension
Challenging a Suspension
• Conference with school district
administrator or designee within 5 days
• Decision within 15 days of conference
• Removal from child’s record
• Due process hearing
Expulsion
• Generally, a pupil may be expelled from
school if the school board finds the pupil
guilty of-
 repeated refusal or neglect to obey the rules;
 making a bomb threat;
 conduct at school which endangers the
property, health or safety of others; or
 conduct not at school which endangers the
property, health or safety of others at school or
under the supervision of a school authority or
endangers the property, health or safety of
others at school.
General Expulsion Procedures
• Specific written notice to the pupil and
parent
• Hearing
• Board finding that the alleged conduct
occurred and that it meets a statutory basis
for expulsion
• Board finding that the interest of the school
demands the pupil’s expulsion
General Expulsion Procedures
• Copy of the expulsion order to pupil and
parent
• Right to appeal to the State Superintendent
• State Superintendent will approve, reverse
or modify within 60 days
• Appeal to court within 30 days
General Expulsion Procedures
• No right to educational services
during expulsion
• Some districts provide services
• No right to enroll in a new district
during expulsion
Firearms and Expulsion
• District shall suspend pupil
• School board shall commence expulsion
• If conduct proven, school board shall expel
for a period of not less than one year
• Board can modify on a case-by case basis
Expulsion and Special Education
Law
• A child with a disability can be expelled
only if the conduct is not a manifestation of
the child’s disability
• IEP team makes the manifestation
determination
Expulsion and Special Education
Law
• If not a manifestation, child may be
expelled, but must continue FAPE
• If manifestation, child may not be expelled,
but IEP and placement may modified
through IEP team process
Expulsion and Special Education
Law
• What about the Gun Free Schools Act?
• If conduct is a manifestation of the
disability, must modify the requirement to
expel
Expulsion and Special Education
Law
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Appeal to State Superintendent/Court
Due process hearing
“Stay put”
Parents and school can agree to another
placement
• Special rules for weapons, illegal drugs and
dangerous conduct
IAES for Weapons
& Illegal Drugs
 School may place a child with a disability
in an IAES for up to 45 calendar days for
weapons/drugs
 IEP team determines IAES and services
 Whether or not conduct is a manifestation
of the child’s disability
 If due process request, child remains in the
IAES pending decision
IAES for Weapons
& Illegal Drugs
» “weapon” means a device, instrument,
material, or substance, used for, or readily
capable of, causing death or serious bodily
injury.
» The term does not include a pocketknife
with a blade of less than 2 ½ inches in
length.
IAES for Weapons
& Illegal Drugs
» Controlled substance includes “street
drugs” and prescription drugs
» Illegal drugs are controlled substances
unless possessed or used lawfully, e.g.
with a prescription
» Does not include alcohol and tobacco
IAES for Dangerous Conduct
• Hearing Officer may place a child in IAES
for up to 45 calendar days if substantially
likely to result in injury
• Efforts to minimize risk of harm
• Appropriate services in the IAES
• Can repeat as needed
• Court order still available
Combination of Options
Examples:
• suspend and place in other school
setting
• suspension pending expulsion
• place in other school setting pending
IAES, etc
Steps Required for Types of
Removals
• 10 days or less in a school year
• More than 10 days in a school year, but not
a change of placement:
» the first time in excess of 10 days, and
» subsequent removals in excess of 10 days
• Change of placement
10 Days or Less in a
School Year
• Follow procedures used for nondisabled
child
• Services are not required
• FBA and BIP are not required, but may be
appropriate
• Manifestation Determination is not required
Recommended Response to
Repeated Removals
• Before removals exceed 10 days, take
proactive steps
• Consider IEP/placement
• Consider functional behavioral assessment
• Consider behavioral intervention strategies
More than 10 cumulative school
days in a school year, but not a
change of placement
• The first time the child is removed for more
than 10 cumulative days:
» Services during removal, determined by
school personnel in consultation with
special education teacher
» IEP team meeting regarding FBA and
BIP within 10 business days
» No manifestation determination required
More than 10 cumulative school
days in a school year, but not a
change of placement
• Subsequent short term removals:
» Services during removal, determined by
school personnel in consultation with
special education teacher
» IEP team review of BIP and meeting
only if change needed
» No manifestation determination required
Series of Removals Resulting in
Change of Placement
• A series of removals in excess of 10
cumulative school days that create a pattern
• School officials decide if it’s a pattern
• Based upon:
» length of each removal,
» the proximity of removals to one another,
and
» the total amount of time
Series of Removals Resulting in
Change of Placement
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Count out of school disciplinary removals
Count in school disciplinary removals
Count portions of a school day
Consider the degree of interruption of FAPE
Change of Placement
• Day of decision: Notice to parent with
procedural Safeguards Notice
• No later than 10 business days after
commencing removal: IEP team meeting on
functional behavioral assessment and
behavioral intervention plan
• No later than 10 days after decision:
Manifestation Determination
Manifestation Determination
The IEP team must consider:
 evaluation and diagnostic results;
 observations of the child; and
 the child’s IEP and
placement.
Manifestation Determination
In relationship to the behavior subject to
discipline:
Appropriate IEP and placement
Services delivered consistent with IEP and
placement
Disability did not impair ability to
understand
Disability did not impair ability to control
behavior
Change of
Placement / Manifestation
Child may not be removed, unless
Weapon or drug
Order of hearing officer
Order of Court
Parent and school agree to another
placement
Change of Placement Not a Manifestation
• Child may be removed to extent
nondisabled child would be removed
• Services must be provided during removal
• IEP team decides services
• Due process request/Stay Put unless weapon
or drug
IAES
(Weapons & Illegal Drugs)
• School may unilaterally place in IAES for
up to 45 calendar days
• Day of decision: Notice to parent with
Procedural Safeguards Notice
• No later than 10 days after decision:
Manifestation Determination
• No later than 10 business days after
commencing removal: IEP team meeting on
FBA/BIP
IAES
(Weapons & Illegal Drugs)
• Can place in IAES whether or not conduct
is a manifestation of the child’s disability
• If parent requests due process hearing, child
remains in IAES
IAES
(Weapons & Illegal Drugs)
• IEP team selects the IAES
• IAES must enable child to:
continue to progress in the general
curriculum, although in another setting;
to continue to receive IEP services; and
receive services and modifications that are
designed to prevent the behavior from
recurring.
IAES
(Injury Likely)
• Substantially likely to result in injury to
child or others
• Hearing officer can place in IAES for up to
45 calendar days
IAES
(Injury Likely)
• Day of decision: Notice to parent with
procedural Safeguards Notice
• No later than 10 days after decision:
Manifestation Determination
• No later than 10 business days after
commencing removal: IEP team meeting on
functional behavioral assessment and
behavioral intervention plan
IAES
(Injury Likely)
Hearing officer must:
 determine substantially likely to result in
injury to the child or others;
 consider appropriateness of the child’s
current placement;
 consider reasonable efforts to minimize
the risk of harm in child’s current
placement;
 determines that the IAES meets standard
IAES
(Injury Likely)
• Process can be repeated
if necessary
Criminal Conduct
 Can report to law enforcement
 Send pupil records under FERPA
Expedited Due Process Hearing
• Decision in 45 calendar days with no
extensions
• Required with any parent challenge to
manifestation determination or disciplinary
removal
• Permitted with school request for IAES
Not Yet Identified as a
Child with a Disability
May be protected under special education law
if:
» School had basis to know BEFORE the
conduct
Not Yet Identified as a Child with
a Disability
Basis for knowing:
 Parent wrote that child needs special
education
 Behavior/performance demonstrated
need
 Parent requested IEP team evaluation
 School personnel expressed concern per
child find/referral
Not Yet Identified as a Child with
a Disability
Not a basis to know if evaluated the child
» Determined not disabled
» Provided notice to parent
Evaluation During Disciplinary
Removal
• Expedited evaluation
• Child remains in disciplinary setting,
pending evaluation
Special Education Discipline
Provisions--Pretest
T F 1. Special education law prohibits
suspending a child with a disability
for more than 10 school days in a
school year.
T F 2. Special education law prohibits
expelling a child with a disability
for conduct which is a
manifestation of the child’s
disability.
T F 3.
T F 4.
An LEA may place a child with a
disability in an interim alternative
educational setting (IAES) for up
to 45 days for misconduct at
school involving weapons or
illegal drugs whether or not the
conduct is a manifestation of the
child’s disability.
An LEA may place a child with a
disability in an IAES for up to 45
days for misconduct at school
involving alcohol or tobacco.
T F 5. It is not necessary to conduct a
manifestation determination when
a child is placed in an IAES for
misconduct at school involving
weapons or illegal drugs.
T F 6. Special education law requires
educational services during any
disciplinary removal.
T F 7. The IEP team decides what
educational services will be
provided during any disciplinary
removal.
T F 8. School personnel in consultation
with the child’s special education
teacher determine the appropriate
IAES for a child whose
misconduct at school involved
weapons or illegal drugs.
T F 9. A hearing officer can place a child
who is dangerous to self or others
in an IAES for up to 45 days.
T F 10. School officials can report a crime
committed by a child with a
disability to law enforcement
officials.
T F 11. A functional behavioral
assessment (FBA) and behavioral
intervention plan (BIP) are only
required for children with
emotional disturbance.
T F 12. A functional behavioral
assessment (FBA) and behavioral
intervention plan (BIP) are
required whenever a child with a
disability is removed for
disciplinary reasons.
T F 13. When a child with a disability who
has been expelled moves to a new
school district, the new school
district is required to serve the
child.
T F 14. If a child with a disability is placed
in an IAES for misconduct
involving weapons or illegal drugs
and the parent requests a due
process hearing, the child would
return to the placement he was in
prior to the IAES pending the
hearing decision.
T F 15. The IEP team must conduct a
manifestation determination
whenever a disciplinary change of
placement is considered.
Scenarios
To demonstrate Special Education
Disciplinary Action Advisor
Brent-Scenario 1
1. May Brent be suspended?
2. If Brent may be suspended, to what extent is the
school required to provide educational services
during Brent’s suspension?
3. Is the school required to conduct a manifestation
determination?
4. Is the school required to conduct a functional
behavioral assessment and develop a behavioral
intervention plan?
Jane-Scenario 2
1. For how may days may Jane be suspended?
2. If Jane may be suspended, to what extent is the school
required to provide educational services during Jane’s
suspension?
3. May the school place Jane in an IAES? Must the IEP
team meet prior to the child beginning in the IAES?
4. Must the school conduct a manifestation
determination and a functional behavioral assessment
and develop a behavioral intervention plan? When?
Jason-Scenario 3
1. May Jason be removed for 10 school days to
another school setting?
2. Who decides the educational services Jason will
receive during the 10 days removal to another
school setting?
3. When must the educational services commence?
4. What action, if any, must the school take regarding
Jason’s behavioral intervention plan?