Disciplinary Process for Students with Disabilities1

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Disciplinary Process for Students with
Disabilities1

• Tulsa Public Schools
• Department of Special Education and Student
  Services

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When does a disciplinary removal constitute a
change of placement?

• A change of placement occurs if
•    (a) the disciplinary removal is for more than
  10 consecutive school days or
•    (b) the child has been subject to a series of
  disciplinary removals that exceed 10 school days
  over the course of the school year.

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• District personnel must keep current and accurate
  records of the number of disciplinary removal
  days for each child with a disability.

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When does in-school intervention, out-of-school
suspension or assignment to a TAC program
constitute a change of placement? 2

• 2. A long-term assignment to ISI (more than 10
  consecutive school days) or a short-term
  assignment to ISI (the last of a series of such
  assignments that totals more than 10 cumulative
  days over the entire school year) is a change of
  placement if

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• A. The child is not afforded the opportunity to
  continue to appropriately progress in the general
  curriculum while in ISI.
• B. The child does not continue to receive the
  services specified on his/her IEP/Section 504
  Plan while in ISI or
• C. The child does not continue to participate
  with nondisabled children to the extent he/she
  would have in his/her current placement while in
  ISI.

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• A long-term out-of-school suspension (more than
  10 consecutive school days) is a change of
  placement.

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• A short-term out-of-school suspension is a
  change of placement when the last of a series of
  short term suspensions totals more than 10
  cumulative days over the entire school year.

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• Assignment to the TAC program
• (30 days at TAP or 45 days at PTP)
• is a change of placement

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• School Administrator recommends discipline that
  would constitute a change of placement.
• That day, District personnel send/give parent a
  copy of Parents Rights in Special Education or
  Section 504 Rights and contact parent to schedule
  an IEP/504 meeting.

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• District personnel must give parent at least 48
  hours notice of IEP/504 meeting and send/give
  parent a Notification of Meeting form. 3
• 3. The District may schedule the meeting with
  less notice only at parent request.

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• Due Process Appeal Rights Provided for
  Suspensions
• Not for Assignment to ISI
• or TAC Programs

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• While waiting for IEP/504 meeting, maintain
  students current educational placement and
  contact parent to confirm IEP/504 meeting.
• (Refer to Handout)

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• At IEP/504 meeting, conduct Manifestation
  Determination (MD) 4, make appropriate changes to
  students program and placement, conduct
  Functional Behavioral Assessment 5 and develop
  Behavior Intervention Plan. 6

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4. A.

• If team determines that conduct is a
  manifestation of disability then school
  administrators disciplinary removal is not
  implemented. Student remains in current
  educational placement unless parent and school
  agree otherwise.

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4. B.

• If team determines that conduct is not a
  manifestation of disability and changes students
  placement per the school administrators
  disciplinary removal, then the disciplinary
  removal is implemented, subject to the following

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4. B.

• If parent agrees with MD and change of placement,
  School District will implement the disciplinary
  removal immediately.
• If parent disagrees with MD and/or change of
  placement, student will remain in then-current
  educational placement for 10 calendar days from
  parents receipt of Written Notice to Parents
  Form.

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4. B.

• If parent files a due process hearing complaint
  during the 10 calendar day waiting period, the
  student remains in the then-current educational
  placement while due process proceedings are
  underway.
• If parent does not file a due process hearing
  complaint during the 10 calendar day waiting
  period, the recommendation is implemented on day
  11.

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4. C.

• If team determines that conduct is not a
  manifestation of disability and changes students
  placement, but not as by administrator intended,
  then the teams decision is implemented in
  accordance with the timelines in 4.B. i and ii.

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• 5. Conduct FBA if not previously conducted or
  update existing FBA as needed.
• 6. Develop BIP if not previously developed or
  update existing BIP as needed.

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DISPOSITION OPTIONS

• Exit TPS system for term of suspension
• Continued placement at school (with or without
  conditions)
• Referred to TAC
• SEVERITY OF THE INFRACTION WILL DETERMINE
  EITHER THE SHORT-TERM (TAP) OR LONG-TERM PROGRAM
  (PTP)

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• If student fails or refuses to attend, student
  will be treated as truant

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• If student is not progressing as expected at TAP
  or PTP,
• convene IEP/504
• meeting to review.

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• Convene an IEP/504 meeting to help transition
  student back to home school or extend/change
• TAC placement.

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QUESTIONS ?