Transcript Discipline Part 201 - Children First Network 609 Cluster 6

Discipline
Part 201
The same disciplinary procedures that apply to all students apply to
students with disabilities. However, there are additional requirements
for students with disabilities:
•
Provision of Procedural
Safeguards Notice
•
– whenever there is a disciplinary
change in placement
•
– Illegal drugs and/or controlled
substances
– Weapons
– Serious Bodily Injury
– Dangerousness (IHO removal)
Manifestation Determination
– whenever there is a disciplinary
change in placement
•
FBA
•
– whenever there is a manifestation
(relationship) between the
behavior and the student’s
disability
•
– Whenever the student is removed
for more than 10 days in a school
year
Students presumed to have a
disability
– Same protections apply
– Expedited evaluations
•
Provision of FAPE
Requirements for removals to an
interim alternative educational
setting (IAES)
Expedited impartial hearings
– Pendency
The Procedural Safeguards notice must be provided to
parents of a student with a disability, at a minimum one
time per year and also upon:
• initial referral or parental request for evaluation;
• request by a parent;
• the first filing of a due process complaint notice to
request mediation or an impartial due process hearing;
• a decision to impose a suspension or removal that
constitutes a disciplinary change in placement; and
• receipt of a parent’s first State complaint in a school
year.
Disciplinary change in placement means a suspension or
removal from a student's current educational placement
that is either:
1. for more than 10 consecutive school days; or
2. for a period of 10 consecutive days or less if the student is
subjected to a series of suspensions or removals that constitute a
pattern because they cumulate to more than 10 school days in a
school year –
•
•
because the student’s behavior is substantially similar to the
student’s behavior in previous incidents that resulted in the series of
removals; and
because of such additional factors as:
•
•
•
the length of each suspension or removal;
the total amount of time the student has been removed; and
the proximity of the suspensions or removals to one another.
•
Determined on a case-by-case basis
•
Subject to review through due process and judicial proceedings.
Exception for pattern of
suspensions or removals
A student with a disability may not be removed if
imposition of the 5 school day or 10 school day
suspension or removal would result in a disciplinary
change in placement based on a pattern of
suspensions or removals as determined by school
personnel in accordance with the criteria set forth in
section 201.2(e)(2) of this Part, except where the
manifestation team pursuant to section 201.4 of this
Part has determined that the behavior was not a
manifestation of such student's disability, or the
student is placed in an IAES as authorized under
subdivision (e) of this section.
Manifestation Determinations
Determine if conduct is a manifestation of
disability:
• no later than 10 days from the proposed
suspension (decision to impose/decision to
change) for general suspensions
• and no later than 10 days from the moment of the
removal/suspension by IHO due to dangerous
situations (201.8).
Manifestation Determination
Timeline
The clock starts clicking at the moment that
the principal discusses the incident and
either decides to impose a principal
suspension or request from OYD a
consideration for a Superintendent's
suspension.
Not when OYD accepts the request.
Manifestation Team must include:
• a representative of the school district knowledgeable
about the student and the interpretation of information
about child behavior;
• the parent; and
• relevant members of the CSE as determined by the
parent and the school district.
• The parent must receive written notification prior to any
manifestation team meeting to ensure that the parent
has an opportunity to attend. The notification shall
inform the parent of the purpose of the meeting, the
names of the individuals expected to attend and inform
the parent of his or her right to have relevant members of
the CSE participate at the parent’s request.
Conduct of the Manifestation Review
• The manifestation team must review all
relevant information in the student’s file
including
– the student’s IEP;
– any teacher observations; and
– any relevant information provided by the
parents
Manifestation Determination
• The conduct must be determined to be a
manifestation of the student’s disability if
the manifestation team determines that
• the conduct in question was caused by or had a
direct and substantial relationship to the student’s
disability; or
• the conduct in question was the direct result of the
school district’s failure to implement the IEP.
Manifestation Determination
• If the manifestation team determines that the conduct
was a manifestation of the student’s disability, the CSE
must:
– conduct a functional behavioral assessment and implement a
behavioral intervention plan for such student; and
– return the student to the placement from which the student was
removed, unless
• the parent and the school district agree to a change of placement as
part of the modification of the behavioral intervention plan.
• The removal was due to dangerousness or drugs/controlled
substances, weapons or serious bodily injury
– If the student’s behavior was a direct result of the districts failure
to implement the student’s IEP, take immediate steps to remedy
those deficiencies.
No Manifestation Found
If the manifestation team determines
that the student’s behavior was not a
result of their disability or of the
district’s failure to implement the IEP,
the student may be disciplined in the
same manner as a nondisabled
student.
Functional behavioral assessments
Behavioral intervention plans
• Whenever there is a manifestation
determination (behavior is related to the
disability), the CSE must:
– conduct an FBA (if one has not been
conducted); and
– implement a BIP (or if already developed,
review and modify if necessary)
Provision of services during suspensions
During suspensions or removals for periods of up to 10
school days in a school year that do not constitute a
disciplinary change in placement:
– students with disabilities of compulsory attendance
age - alternative instruction on the same basis as
nondisabled students.
– Students with disabilities who are not of compulsory
attendance age shall be entitled to receive services
during such suspensions only to the extent that
services are provided to nondisabled students of the
same age who have been similarly suspended.
– Please see SECTION 3214 for full details. New York
State provides due process, as part of 3214, to all
students.
For Full Information on Due Process
Rights for ALL Students
• See Section 3214 Student placement,
suspensions and transfers
http://www.p12.nysed.gov/specialed/publicat
ions/policy/section3214.htm
Whenever a student with a disability is removed for 10 or
more days in a school year, they are entitled to receive:
• Services necessary to enable the student to:
– continue to participate in the general education
curriculum;
– progress toward meeting the goals set out in the
student's IEP; and
– receive, as appropriate, a functional behavioral
assessment, behavioral intervention services and
modifications that are designed to address the
behavior violation so it does not recur.
Determining services and setting - students
suspended for more than10 school days
in a school year
• If not a disciplinary change in placement –
school personnel in consultation with the
student’s teacher
• If a disciplinary change in placement – the
CSE also determines the IAES setting
During subsequent suspensions or removals for periods of 10 consecutive
school days or less that in the aggregate total more than 10 school days in a
school year but do not constitute a disciplinary change in placement,
regardless of the manifestation determination
Students with disabilities shall be provided with services necessary to enable
the student to continue to participate in the general education curriculum
and to progress toward meeting the goals set out in the student's IEP and to
receive, as appropriate, a functional behavioral assessment, behavioral
intervention services and modifications that are designed to address the
behavior violation so it does not recur. School personnel, in consultation
with at least one of the student’s teachers, shall determine the extent to
which services are needed, so as to enable the student to continue to
participate in the general education curriculum, although in another setting,
and to progress in meeting the goals set out in the student’s IEP
201.10(C)
http://www.p12.nysed.gov/specialed/lawsregs/part201.htm
Interim alternative educational
setting or IAES
• A temporary educational placement, other than the
student's current placement at the time the behavior
precipitating the IAES placement occurred.
• A student who is placed in an IAES shall:
– continue to receive educational services so as to enable the
student to:
• continue to participate in the general education curriculum,
although in another setting, and
• to progress toward meeting the goals set out in the student’s IEP;
and
– receive, as appropriate, a functional behavioral assessment and
behavioral intervention services and modifications that are
designed to address the behavior violation so that it does not
recur.
Change in placement to an IAES for behavior
involving serious bodily injury, weapons,
illegal drugs or controlled substances
The superintendent may order a change in
placement to an appropriate IAES, to be
determined by the CSE, for up to 45 school days
where the student, while at school, on school
premises or at a school function:
– Has inflicted serious bodily harm to another person
– Carries or possesses a weapon
– Possesses, uses illegal drugs or sells or solicits the
sale of a controlled substance
• Serious bodily injury
– bodily injury which involves a substantial risk of death, extreme physical
pain, protracted and obvious disfigurement or protracted loss or
impairment of the function of a bodily member, organ or mental faculty.
• Controlled substance
– a drug or other substance identified under schedule I, II, III, IV, or V in
section 202(c) of the Controlled Substances Act
• Illegal drug
– a controlled substance, but does not include a controlled substance
legally possessed or used under the supervision of a licensed healthcare professional or a substance that is otherwise legally possessed or
used under the authority of the Controlled Substances Act or under any
other provision of Federal law.
• Weapon
– a weapon, device, instrument, material or substance, animate or
inanimate, that is used for, or is readily capable of, causing death or
serious bodily injury, except that such term does not include a pocket
knife with a blade of less than two and one-half inches in length.
Dangerousness Removals by an IHO
• An impartial hearing officer, in an
expedited due process hearing, may order
a change in placement of a student with a
disability to an IAES for not more than 45
school days, if the IHO determines that
maintaining the current placement of the
student is substantially likely to result in
injury to the student or others.
Students presumed to have a disability
for discipline purposes
• The parent may assert any of the
protections set forth in Part 201, if the
school district is deemed to have had
knowledge that the student was a student
with a disability before the behavior that
precipitated the disciplinary action
occurred.
Basis of knowledge.
• A school district must be deemed to have knowledge
that a student had a disability if prior to the time the
behavior occurred:
– the parent of such student has expressed concern in writing to
supervisory or administrative personnel of the appropriate
educational agency or to a teacher of the student that the
student is in need of special education, provided that such
expression of concern may be oral if the parent does not know
how to write or has a disability that prevents a written statement;
or
– the parent of the student has requested an evaluation of the
student; or
– a teacher of the student, or other personnel of the school district,
has expressed specific concerns about a pattern of behavior
demonstrated by the student, directly to the director of special
education of the school district or to other supervisory personnel
of the school district.
A student is not presumed to have
a disability if….
1. the parent of the student has not allowed
an evaluation of the student to determine
the student’s eligibility for special
education; or
2. the parent of the student has refused
consent for special education services;
or
3. it was determined that the student is not
a student with a disability (not eligible).
Who determines whether a student is a
student presumed to have a disability?
It is the responsibility of the superintendent
of schools, building principal or other
school official imposing the suspension or
removal to determine whether the student
is a student presumed to have a disability.
Conditions that apply if there is no
basis for knowledge.
• If there is no basis for knowledge that the
student is a student with a disability prior to
taking disciplinary measures against the student
the student may be subjected to the same
disciplinary measures as any other nondisabled
student who engaged in comparable behaviors.
• However, if a request for an individual evaluation
is made while such nondisabled student is
subjected to a disciplinary removal, an expedited
evaluation must be conducted.
CSE Responsibilities for
Expedited Evaluations
• Must be completed no later than 15 school days after receipt of
parent consent for evaluation, and conducted in accordance with the
procedural requirements of sections 200.4 and 200.5.
• The CSE must make a determination of eligibility of such student in
a meeting held no later than five school days after completion of the
expedited evaluation.
• Until the expedited evaluation is completed, the nondisabled student
remains in the educational placement determined by the school
district, which can include suspension.
• If, as a result of an expedited evaluation, the student is determined
to be a student with a disability, the school district must:
– provide special education to the student and
– the discipline provisions of Part 201 relating to students with disabilities
applies (provision of FAPE; manifestation determinations, etc.).
Expedited Impartial Hearings
• School district request to obtain an order of an
IHO to place a student with a disability in an
IAES for dangerousness
• Parent requests an impartial hearing:
– from a determination that the student's behavior was
not a manifestation of the student's disability; or
– relating to any decision regarding placement under
section 201.7, including but not limited to any decision
to place the student in an IAES.
Expedited Impartial Hearings
•
•
•
•
No sufficiency challenge to due process complaint notice
Must schedule resolution meeting within 7 days
Resolution period ends at 15 days
Impartial hearing must occur within 20 school days of date complaint
filed
• IHO decision within 10 school days after hearing
• No extensions
• Pendency: For parent requested expedited hearings:
– the student remains in the IAES pending the decision of the IHO
or until expiration of the time period determined in accordance
an IAES removal, whichever occurs first,
– unless the parents and the school district otherwise agree.