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Behavior, Discipline and Students with Disabilities

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IEP Process. 4. Discipline ... Serious Bodily Injury ... Parent may appeal by requesting a due process hearing ... – PowerPoint PPT presentation

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Title: Behavior, Discipline and Students with Disabilities


1
Behavior, Discipline and Students with
Disabilities
  • IDEA 2004 Provisions

2
Overview
  • Behavior
  • Disciplinary Removals
  • Change of Placement
  • Manifestation Determinations
  • Interim alternative Educational Setting
  • Resources

3
Behavior
  • If the childs behavior impedes his or her
    learning or the learning of others, the IEP team
    must consider the use of positive behavioral
    interventions and supports to address the
    behavior
  • IEP Process

4
Discipline
  • Children with disabilities are entitled to the
    same disciplinary protections afforded children
    who are not disabled
  • Length of Suspensions

5
Disciplinary Removals
  • Children with disabilities can be removed from
    school for up to 10 cumulative schools days in a
    school year, before the special education
    discipline requirements apply
  • After 10 cumulative school days, services must be
    provided so as enable the child to continue to
    participate in the general education curriculum,
    although in another setting, and to progress
    toward meeting IEP goals

6
Counting Days
  • Definition of School Day
  • In School Suspension
  • Partial-Day Suspensions

7
Change of Placement
  • A change of placement occurs if the removal is
    for more than 10 consecutive days or
  • The student has been subjected to a series of
    removals that constitute a pattern because
  • Of More than 10 cumulative school days in a
    school year
  • The childs behavior is substantially similar to
    the childs behavior in previous incidents that
    resulted in the series of removals and
  • Of such additional factors as the length of each
    removal, the total amount of time removed and the
    closeness in time

8
Change of Placement
  • Whether there is a change of placement is
    determined on a case-by-case basis by school
    personnel
  • If there is a change of placement --
  • Parents must be notified of the decision and
    provided a procedural safeguards notice
  • Services are determined by the childs IEP team
  • A manifestation determination is required

9
Manifestation Determinations
  • A manifestation determination is only required in
    situations that constitute a disciplinary change
    in placement
  • Manifestation Determinations must be made within
    10 school days after the date on which the
    decision to change the childs placement is made
    because of a violation of a code of student
    conduct

10
Manifestation Determinations(Continued)
  • The school district, the parent and relevant
    members of the IEP team determine whether the
    conduct is manifestation of the childs
    disability
  • In making the determination, all relevant
    information in the students file must be
    reviewed, including the childs IEP, teacher
    observations, and information provided by the
    parents.

11
Manifestation Determinations(Continued)
  • The conduct must be determined to be a
    manifestation of the childs disability if it is
    determined that
  • The conduct was caused by, or had a direct and
    substantial relationship to, the childs
    disability or
  • The conduct was the direct result of the agencys
    failure to implement the IEP.

12
When the behavior is a manifestation of the
childs disability
  • The student must be returned to the placement
    from which the child was removed (certain
    exceptions apply)
  • Has a behavioral intervention plan (BIP)--the IEP
    team must review the plan, its implementation,
    and modify, if needed to address behavior
  • No BIPIEP team must conduct a functional
    behavioral assessment, develop and implement a
    BIP

13
When the behavior is not a manifestation of the
childs disability
  • The school district may proceed with the change
    in placement
  • Services must be provided as determined by the
    IEP team
  • The IEP team also determines where the services
    will be provided

14
Exception/Interim Alternative Educational Setting
  • 45 school days
  • IAES must be determined by the IEP team
  • Only for
  • Weapons
  • Illegal drugs or controlled substances
  • Serious bodily injury

15
Definitions
  • Weapon weapon, device, instrument, material or
    substance used for, or capable of, causing death
    or serious bodily injury. Does not include a
    pocket knife with a blade of less than 2 ½ inches
  • Drugs controlled substance illegal drug
    controlled substance
  • Does not include tobacco or alcohol
  • Does not include over-the-counter drugs
  • Does not include prescription meds if used
    pursuant to the Rx
  • Does include marijuana, cocaine, heroin, LSD,
    other illegal street drugs and/or prescription
    drugs not used pursuant to an Rx

16
Serious Bodily Injury
  • Injury that involves substantial risk of death,
    extreme physical pain, protracted and obvious
    disfigurement, protracted loss or impairment of
    the function of a bodily member, organ, or mental
    faculty

17
Disagreement with Manifestation Determination or
Disciplinary Removal
  • Parent may appeal by requesting a due process
    hearing
  • The school district must hold a resolution
    meeting within 7 calendar days of receiving
    notice
  • An expedited hearing must be conducted within 20
    school days of receiving the hearing request, and
    a decision must be issued within 10 school days
    following the hearing
  • Child remains in the setting to which he or she
    was moved until the hearing is completed or until
    the original removal period expires, whichever
    occurs first.

18
Protections for Children Not Yet Eligible for
Special Education
  • District must have knowledge that the child was a
    child with a disability prior to the behavior
    that led to the disciplinary action
  • The district does not have knowledge if
  • The childs parent did not consent to an
    evaluation or refused special education services
    or
  • The child was evaluated and determined not to be
    a child with a disability

19
Protections for Children Not Yet Eligible for
Special Education
  • A district must evaluate a child referred for
    special education during a period of disciplinary
    removal
  • The evaluation must be conducted in an expedited
    manner.

20
Other
  • Calling police
  • Special education and disciplinary records are
    provided consistent with Family Educational
    Rights and Privacy Act (FERPA)
  • Change of placement via IEP (not expulsion or
    IAES)

21
DPI Resources
  • Special Education Index http//dpi.wi.gov/sped/tm-
    specedtopics.html
  • Bulletin 06.02
  • http//dpi.wi.gov/sped/bul06-02.html
  • (Legal requirements relating to disciplinary
    children with disabilities)
  • Bulletin 07.01
  • http//dpi.wi.gov/sped/bul07-01.html (Addressing
    the Behavioral Needs of Students with
    Disabilities)
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