Discipline Requirements Under IDEA 2004

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Discipline Requirements Under IDEA 2004

• Exceptional Student Services
• Arizona Department of Education
• [phone]

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Discipline for Special EducationIDEA 2004

• This presentation represents the current
  understanding of the Arizona Department of
  Education, Exceptional Student Services.
  Recognize that new Regulations, court decisions
  and future OSEP interpretations may change or
  alter the guidance being provided.

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General Rules Of Discipline

• All students are entitled to certain rights.
• Students with disabilities are treated like all
  other children until the end of the tenth day of
  suspension.

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Discipline Procedure

• PEAs can remove a student with disabilities for
  a maximum of 10 cumulative school days per school
  year without providing FAPE.

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Discipline Procedure

• Students with disabilities can be suspended more
  than 10 days but are entitled to receive FAPE on
  the 11th day.

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Discipline Procedure

• For suspensions beyond 10 school days, the
  students IEP team must determine the need to
  conduct a FBA and develop a BIP and document the
  need for the decision if a FBA will not be
  conducted.

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Discipline Procedure

• If a BIP is already in effect, the IEP team must
  review the existing BIP to recommend any
  revisions that may be necessary.

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Functional Behavior Assessment

• A process for developing a useful understanding
  of how behavior relates to the environment.
• Interviews
• Observations
• Reports from teachers and other professionals
• Review of records

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Behavior Intervention Plan

• Behavior Supports
• Proactive Strategies
• Positive Interventions

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Code of Conduct v. BIP

• Codes of Conduct
• Negative
• Reactive
• Applies to every student
• Is what the school does to students

• BIPs
• Positive
• Proactive
• Applies to select students
• Is what the school does for the student

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Balancing Zero Tolerance with Zero Rejection

• Identify programs geared toward preventing or
  mitigating problem behaviors
• Early intervention strategies
• Social skills training and positive behavioral
  supports
• Violence prevention

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Discipline Procedure

• Suspension of a student with disabilities for
  more than 10 school days in a school year
  constitutes a change of placement.

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Change of Placement

• 10 consecutive school days and/or
• 10 cumulative school days that constitute a
  pattern
• When the student no longer has access to the
  general curriculum and his/her IEP is not being
  addressed, a change of placement has occurred.

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Discipline Procedure

• If a series of short suspensions constitute a
  change of placement, the IEP team must
  determine what educational services are to be
  provided to the student during future suspensions.

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Discipline Procedure

• An IEP meeting must be convened within 10 school
  days after a change of placement occurs to
  conduct a manifestation determination.

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Within 10 Days

• Notify Parents
• Provide Procedural Safeguards Notice
• Conduct Manifestation Determination
• Provide FAPE

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Discipline Procedure

• A manifestation determination must be conducted
  by the students IEP team, including the parent,
  and other qualified personnel. The IEP team must
  determine whether the students behavior was a
  manifestation of his/her disability.

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Manifestation DeterminationReview

• NOT required when-
• less than 10 days
• IS required when-
• reach 10 school days
• change in placement
• removal for drugs, weapons, or serious bodily
  injury

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Manifestation DeterminationReview

• The IEP team shall review all relevant
  information in the students file to determine
• If the conduct was caused by or had a direct and
  substantial relationship to the disability
• If the conduct was caused by a failure to
  implement the IEP.

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Disciplinary Procedure

• If the IEP team determines the behavior was not
  a manifestation of the students disability, the
  student may be subjected to the same disciplinary
  action as a regular education student, but the
  student remains entitled to FAPE.

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Manifestation Determination Review

• If the behavior involves drugs, serious bodily
  injury or weapons and is not a manifestation of
  the disability
• Conduct the FBA, as appropriate
• Develop or modify the BIP, as appropriate
• Provide FAPE for the student during the entire
  extent of the suspension
• If student is in Jail (Secure Care), FAPE will
  be provided by Secure Care staff.

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Discipline Procedure

• If the IEP team determines the behavior is a
  manifestation of the students disability, the
  student may not be suspended.

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Manifestation Determination Review

• If the behavior is a manifestation of the
  disability
• Conduct a FBA, then develop a BIP if not already
  done prior to the determination
• If a BIP has been developed, review it and modify
  as necessary
• Return the student to the placement from which
  he/she was removed unless the parent and LEA
  agree to a change of placement

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Manifestation Determination Review

• If the behavior was or was not a manifestation
  of the disability, but the IEP was not
  implemented as written
• Conduct the FBA
• Develop or revise the BIP
• Review and modify the IEP as necessary
• Return the student to his/her placement and
  provide compensatory time as needed

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Discipline Procedure

• PEAs may order a student with disabilities be
  placed in an interim alternative educational
  setting (IAES) for no more than 45 school days
  if the student is involved in matters of
  dangerous weapons , drugs or serious bodily
  injury regardless of relationship to disability.

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IAES Interim Alternative Educational Setting

• To provide FAPE
• No more than 45 school days
• Placement by hearing officer if considered a
  danger to self or others
• Can be reviewed and extended by IEP team

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Discipline Procedure

• If a parent disagrees with an IEP teams
  manifestation determination, he/she may request
  an expedited due process hearing to resolve the
  dispute.

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APPEALS

• A parent may request a hearing if he/she
  disagrees with any decision regarding placement,
  manifestation determination, or with an LEA who
  believes that maintaining the current placement
  is likely to result in injury to the child or
  others.

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APPEALS/STAY PUT

• Student shall remain in IAES pending hearing
  decision or expiration of 45 days if the
  infraction involved drugs, weapons or serious
  bodily injury
• Expedited hearing shall occur within 20 school
  days of the date the hearing is requested
• A determination shall be made within 10 school
  days after the hearing
• Parents who refused consent for evaluation or
  placement have no rights under IDEA discipline
  procedures

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Discipline Procedure

• The PEA may order a change of placement to an
  IAES for a student with a disability, based on a
  case-by-case basis, for a for a code of conduct
  student violation

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Discipline Procedure

• 10 days or less
• May or may be a manifestation
• IAES, another setting, or suspension
• To the extent such alternatives are applied to
  students without disabilities

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Discipline Procedure

• More than 10 Days
• Not a manifestation of the disability
• Must provide FAPE
• To the extent such alternatives are applied to
  students without disabilities
• May be an IAES

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Discipline Procedure

• A regular education student may assert the
  disciplinary protections of IDEA if the PEA had
  knowledge that the student was disabled prior to
  the students misconduct.

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Discipline Procedure

• If a regular education student is facing
  expulsion and the parents assert that the student
  had a disability (and the district had
  knowledge), the PEA must conduct an expedited
  evaluation.

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Before An Incident Occurs

• If a student displays behaviors that indicate
  the potential for suspension, timely
  interventions can prevent the need for such
  action.
• Evaluation/Re-evaluation
• Individual Education Plan
• Behavior plans
• All involved should be supported in the
  implementation of behavior plans.

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The goal of school discipline should be to
change students' behavior, not eliminate them
from school. -Eric P. Hartwig