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DISCIPLINE & DUE PROCESS. 2007 Changes to NYS’ Special Education Laws and Regulations. Discipline. Due Process Protections for ALL Students. Suspension 5 school days or less: - written notice and phone call - right to request an informal conference

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discipline due process


2007 Changes to NYS’ Special Education Laws and Regulations

due process protections for all students
Due Process Protections for ALL Students
  • Suspension 5 school days or less:

- written notice and phone call

- right to request an informal conference

  • Suspension in excess of 5 consecutive school days:

- written notice

- fair hearing with Superintendent

- alternative education

additional protections for students with disabilities
Additional Protections for Students with Disabilities

(Suspended/Removed for more than 10 school days in a school year)

  • Procedural Safeguards Notice to parent
  • FAPE (Free Appropriate Public Education)
  • Manifestation Determination
  • Functional Behavior Assessment / Behavior Intervention Plan
  • Expedited due process hearing
  • Protections for students “presumed to have a disability” including expedited evaluations
pattern of removals
Pattern of Removals
  • Series of suspensions or removals that cumulate to more than 10 school days in a school year and
  • Student’s behavior is substantially similar to student’s behavior in previous incidents that resulted in the series of removals
  • Additional factors (length, total time, proximity of suspensions to one another)
pattern of removals cont d
Pattern of Removals (cont’d)

- Determination on a case-by-case basis

- Subject to due process challenge

functional behavioral assessments behavioral intervention plans
Functional Behavioral AssessmentsBehavioral Intervention Plans
  • Whenever there is a manifestation determination (behavior is related to the student’s disability), CSE must:
    • Conduct an FBA
    • Implement (or review and modify) a BIP).
determining services and setting
Determining Services and Setting

(Suspended/Removed for more than 10 school days in a school year)

  • No disciplinary change in placement – school personnel in consultation with the student’s teacher
  • Disciplinary change in placement – the CSE
expedited impartial hearings
Expedited Impartial Hearings
  • No sufficiency challenge
  • Resolution session within 7 days
  • Resolution period ends at 15 days
  • Impartial hearing within 20 school days of date complaint filed
  • IHO decision within 10 school days after hearing
  • No extensions
prior written notice
Prior Written Notice
  • “Notice of recommendation”
  • Prior Written Notice must be on a form prescribed by the Commissioner, beginning on January 1, 2009
meeting notices
Meeting Notices
  • Meeting notice must be on a form prescribed by the Commissioner, beginning January 1, 2009
procedural safeguards notice
Procedural Safeguards Notice
  • To parent at least once a year, and upon
    • initial referral or parental request for evaluation;
    • first filing of a due process complaint notice to request mediation or an impartial hearing;
    • request by the parent;
    • whenever there is a disciplinary change in placement
    • receipt of first State complaint in a school year received from a parent;


  • Mediator: no personal or professional interest that conflicts with objectivity
  • Repeals that parent and district may be asked to sign a confidentiality pledge prior to mediation
due process complaint notice sufficiency challenge
Due Process Complaint Notice(Sufficiency Challenge)
  • Impartial hearing officer (IHO) must be notified within 15 days of receipt of the complaint notice
  • No challenge during an expedited impartial hearing (discipline issues)
resolution process
Resolution Process
  • Steps to ensure parent participation
  • Failure of parent to participate
    • School may request IHO dismiss parent complaint at the conclusion of 30 days
    • Parent may request IHO begin hearing if district fails to convene meeting within 15 days of receipt of complaint
impartial hearings
Impartial Hearings
  • School district request for hearing
    • Hearing commences within 14 days after IHO is appointed
impartial hearings cont d
Impartial Hearings (cont’d)
  • Parent request for hearing
    • Hearing commences within 14 days after
      • Parties waive resolution meeting; or
      • IHO notified resolution meeting held and no agreement reached; or
      • Expiration of 30 day period; unless
        • parties agree to continue mediation after 30 day resolution period, then hearing begins 14 days after either party withdraws from mediation.
state complaint procedures
State Complaint Procedures
  • Information required in a complaint
  • Party filing complaint must forward a copy to the district at same time sent to SED
  • District must provide parent with copy of Procedural Safeguards Notice upon receipt of first State complaint in that school year.
  • Timeline to resolve complaint may be extended if parties agree to mediation
  • Alleged violation occurred within one year
  • Remedy may include compensatory services
  • Child transitioning from early intervention (EI) to preschool
    • District not required to provide EI services
    • If found eligible, district must provide those services not in dispute between parent and district.
surrogate parents
Surrogate Parents
  • For unaccompanied homeless youth
    • Appropriate staff of emergency shelters, transitional shelters, independent living programs and street outreach programs may be appointed as temporary surrogate parents until another surrogate can be appointed
  • http://www.vesid.nysed.gov/specialed/publications/policy/psgn807.pdf
  • http://www.regents.nysed.gov/2007Meetings/September2007/0907bra5.html
  • http://www.vesid.nysed.gov/specialed/publications/policy/discipcover.htm
  • http://www.vesid.nysed.gov/specialed/publications/policy/complaint.pdf