Transcript Policy 4373, IDEA, Policy 2419 and SPL Inappropriate Behaviors Resulting In Disciplinary Action Produced by NICHCY, 2007 Revised 7/9/2012

Policy 4373, IDEA, Policy 2419 and SPL
Inappropriate
Behaviors Resulting
In Disciplinary
Action
Produced by NICHCY, 2007
Revised 7/9/2012
Policy 4373, IDEA, Policy 2419 and SPL
 WV Policy 4373: Expected Behavior in Safe and
Supportive Schools
 Individuals with Disabilities Education Improvement
Act of 2004 (IDEA)
 Section 504 of the Rehabilitation Act of 1973
 WV Policy 2419: Regulations for the Education of
Students with Exceptionalities
 Support for Personalized Learning (SPL) - Guidance
for West Virginia Schools and Districts
Policy 4373, IDEA, Policy 2419 and SPL
• In many special education situations, discipline of
students with IEPs is a general and special education
function.
• IDEA disciplinary actions, first, are general education
disciplinary actions and, second, must comply with
IDEA‘s federal requirements.
• Both sets of requirements must be observed –
local/state due process and additional safeguards and
procedures under the IDEA.
Policy 4373, IDEA, Policy 2419 and SPL
School Administrators and Staff Responsibilities
• Receive report of behavior
• Review configuration of support identifed in SPL
• Determine if behavior is the violation of Policy
4373/State law
• Consider unique circumstances on case-by-case basis
• Determine disciplinary action.
Policy 4373, IDEA, Policy 2419 and SPL
Authority of School Personnel
All students, disabled or not, are entitled to a level of
“due process” before they can be removed from public
school for any period of time for disciplinary reasons.
Policy 4373, IDEA, Policy 2419 and SPL
Authority of School Personnel
School personnel may remove a student with a disability
who violates Policy 4373 for not more than 10 consecutive
school days.
Policy 4373, IDEA, Policy 2419 and SPL
• When removals total more than 10 days…
the student must continue to receive educational
services to enable the student to participate in the
curriculum and progress toward meeting IEP goals.
• School personnel have the authority to make additional
removals of a student with a disability for not more than
10 consecutive school days in the same school year for
separate acts of misconduct – as long as those removals
do not constitute a change of placement.
Policy 4373, IDEA, Policy 2419 and SPL
Authority of School Personnel
If removals do not constitute a change of placement:
School personnel in consultation with one or more
of the student’s teachers determine if services are
needed to continue to participate in the general
education curriculum, in another setting, and to
progress on the student’s IEP goals.
Policy 4373, IDEA, Policy 2419 and SPL
Authority of School Personnel
When the removal constitutes a change of placement:
• Provide notice and a copy of the Procedural Safeguards
to parents.
• Convene IEP Team to determine appropriate services.
• Conduct a Manifestation Determination Review (MDR)
within 10 schools days to determinate if the behavior is
a manifestation the student’s disability.
Policy 4373, IDEA, Policy 2419 and SPL
Manifestation Determination Review (MDR)
• When a district proposes removal of a student which
would exceed 10 school days due to a violation of
Policy 4373, the district, parent and relevant members
of the IEP Team meet to conduct MDR within 10 school
days of district’s decision.
• Relevant members of the IEP Team shall be determined
by parent and district.
Policy 4373, IDEA, Policy 2419 and SPL
MDR Questions
The IEP Team determines:
1. Was the behavior in question caused by or did it have a
direct and substantial relationship to the disability?
2. Was the behavior in question the direct result of the
district’s failure to implement the IEP?
Policy 4373, IDEA, Policy 2419 and SPL
Not a Manifestation
• Student with a learning disability ripping the pants off of
a female student outside lunchroom.
Randy M. V. Texas City ISD, 32 IDELR 168 (S.D.Tex 2000)
• 11th-grader’s decision to conduct a weekend paintballraid
on his high school was unrelated to his anxiety issues.
Fitzgerald v. Fairfax County Sch.Bd. 50 IDELR 165 (E.D. Va 2008)
• Decision of a student with learning disability to bring
marijuana and tobacco to school.
Lancaster Elementary Sch. Dist. IDELR 53 (SEA CA 2007)
Policy 4373, IDEA, Policy 2419 and SPL
If the behavior is not a manifestation of the student’s
disability then…..
• Relevant disciplinary procedures applicable to students
without disabilities may be applied in the same manner
and for the same duration as for students with
disabilities (except the student must continue to
receive a free and appropriate public education, a
FAPE).
• An interim alternative education setting (IAES) is
determined by the IEP Team.
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Policy 4373, IDEA, Policy 2419 and SPL
If the behavior is a manifestation of the student’s
disability then the IEP Team shall:
1. Conduct a Functional Behavioral Assessment (FBA) and
develop a Behavior Intervention Plan (BIP), if not done
prior;
2. If BIP exists, review BIP and modify it, as necessary, to
address behavior; and
3. Return student to the placement (unless parent and
district agree to change placement as part of the BIP
modification and unless the 45-day removal applies).
Policy 4373, IDEA, Policy 2419 and SPL
For certain violations…
Weapons
Drugs
Serious Bodily Injury
districts may remove a student to an IAES for not more
than 45 school days regardless of whether the behavior
was a manifestation.
Policy 4373, IDEA, Policy 2419 and SPL
For assistance, contact …
WVDE
Office of Special Programs
Ghaski Browning
glee.k12.wv.us
Kathy Hudnall
[email protected]
304.558.2696 or 1.800.642.8541