IDEA 2004 Regulations Overview of Discipline

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IDEA 2004 RegulationsOverview of Discipline

• Bobbe Miller Ed.S.
• Squire, Sanders, and Dempsey L.L.P.
• 4900 Key Tower
• 127 Public Square
• Cleveland, Ohio 44114
• 216-479-8500
• Kathe Shelby, Ph.D., Director
• Cuyahoga Special Education Service Center
• 5811 Canal Road
• Valley View, Ohio 44125
• 216-524-2770

Advisory Council Meeting February 21, 2007
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Discipline Overview of Changes

• 1.Clearly understanding, implementing, and
  articulating Federal and State Special Education
  Laws to staff (including both IDEIA and Section
  504)
• Ignorance is not bliss its costly from MANY
  angles!

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Manifestation Determination

• Within 10 school days of decision to change
  placement
• Team
• Parent
• District
• Relevant members of IEP team as determined by
  parent and district

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Manifestation Analysis

• Whether conduct was
• Caused by, or
• Had a direct and substantial relationship to, the
  childs disability
• OR
• Conduct was direct result of failure to
  implement the IEP (must immediately remediate
  may require compensatory services)

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If Behavior WAS Manifestation

• Return child to prior placement unless
• Agreement
• Drug/weapon/serious bodily injury
• Appeal and order
• Functional Behavior Assessment (FBA)
• Conduct or review existing plan
• Behavior Intervention Plan (BIP)
• Create if none
• Review and revise if in place

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If Behavior WAS NOT Manifestation

• Services supports continue
• Interim Alternative Education Setting (IAES)
• Duration of placement in IAES is same as term of
  suspension for regular student

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If Behavior WAS NOT Manifestation (contd)

• FBA/BIP as appropriate to prevent recurrence of
  behavior
• Parent can request expedited appeal
• Stay put is IAES for any appeals

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Change in Placement

• More than 10 consecutive days
• A series of removals in excess of 10 cumulative
  days where
• The behavior is substantially similar to previous
  incidents resulting in removal and
• Length of each removal, total time removed and
  proximity of removals reflects a change in
  placement

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Drugs, Weapons and Injury

• Transfer child to IAES without consent or hearing
• 45 school days
• Serious bodily injury added
• MD relationship not required prior to transfer to
  IAES

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Serious Bodily Injury Defined

• 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

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Expedited Appeal

• Resolution meeting must be held within 7 calendar
  days of receipt of D.P. request
• The hearing will proceed if the parties are
  unable to resolve within 15 calendar days of
  receipt of the request

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Expedited Appeal

• Hearing
• 20 school days from hearing request
• Decision
• 10 school days after hearing
• Stay put
• No manifestation IAES
• Manifestation placement at time of appeal