Disciplining Students With Disabilities. Individuals with Disabilities Education Improvement Act – 2004 2006-2007 Parkway School District In-service. Legal Requirements.
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Disciplining Students With Disabilities Individuals with Disabilities Education Improvement Act – 2004 2006-2007 Parkway School District In-service
Legal Requirements IDEA-2004 Contains Specific Requirements And Principles For Disciplining Students With Disabilities, Including Some Changes From The Previous IDEA
Legal Requirements Any proposed action that constitutes a change of placement (superintendent’s suspension or “pattern of removal”) requires that a student’s procedural safeguards be guaranteed. These safeguards include, but are not limited to, the right to:
Legal Requirements • notification of the decision and of all procedural safeguards related to disciplinary action no later than the date on which the decision to take disciplinary action is made • examine the student’s education record • submit relevant information to supplement the education record
Legal Requirements • a determination of whether the conduct is or is not a manifestation of the student’s disability • reevaluation if determined to be appropriate • a free appropriate public education (FAPE), even if suspended or expelled, for students with disabilities under the IDEA-2004 until they graduate or through the school year in which the student turns twenty-one (21)
Manifestation Determinations Requirements/Guidelines For Conducting Manifestation Determinations
MANIFESTATION DETERMINATION Purpose / Intent • ...to prevent discrimination on the basis of disability • School administration cannot change a student’s placement through disciplinary procedures when the misconduct is a manifestation of the disability. • School administration must provide certain additional, legally required procedural safeguards/protections when the misconduct is a manifestation of the disability.
MANIFESTATION DETERMINATION Purpose / Intent • ...to determine the appropriate disciplinary process. • When the misconduct IS a manifestation of the disability, the IEP Team, rather than school administration, is to determine how to appropriately respond to the student’s behavior. • When the misconduct IS NOT a manifestation of the disability, the student is subject to standard Parkway discipline procedures and consequences.
MANIFESTATION DETERMINATION Purpose / Intent • ...to identify if changes in a student’s program are needed as a result of the student’s misconduct. • Support, intervention, service, and/or placement changes may be necessary when the misbehavior IS a manifestation of the student’s disability. • Changes may be needed with respect to the implementation of the IEP and/or behavior support/intervention plan.
MANIFESTATION DETERMINATION Within 10 school days of any decision to change the placement of a student with a disability or suspected disability because of a violation of the District’s discipline standards, the districts shall determine if the behavior infraction is a manifestation of the student’s disability (or suspected disability).
1. Relevant Members • Under IDEA-2004, the manifestation determination is to be made by the parent(s)/guardian(s) and “relevant members of the IEP Team (as determined by the parent and the local educational agency)”
2. Important Documents • Specific documents must be available at the meeting. • Certain individuals are responsible for specific documents.
2. Important Documents • Prior to Beginning the Meeting • Provide Procedural Safeguards to Parent(s) / Guardian(s) • Complete Excusal Form (if needed) • Obtain Release of Information (if needed)
3. Introductions • Allow Meeting Participants to Introduce Themselves • Explain Purpose
4. Review All Information… • All relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents shall be reviewed. • Check for shared understanding regarding how the student’s educational disability (disabilities) is manifested in an educational setting.
5. Review Incident Report • The discipline packet typically includes… • Incident summary • Student’s statement • Witness statement(s) • Discipline history • Attendance • Grades and credits • Other included information/documentation
6. Manifestation Determination The conduct shall be determined to be a manifestation of the disability when: (i) the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability, OR (ii) the conduct in question was the direct result of the districts’ failure to implement the student’s IEP
6. Manifestation Determination (i) the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability, • Consider… • how the disability has manifested itself in the past rather than the student’s categorical diagnosis, • the extent to which the discipline infraction is similar to how the disability has previously manifested itself, • any new or additional information relevant to the student’s educational disability agreed to by the team, • because of the disability, one might reasonably anticipate such behavior.
6. Manifestation Determination (i) the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability, • Example: • Fighting with another student MAY NOT be caused by, or have a direct and substantial relationship to a child’s learning disability.
6. Manifestation Determination (i) the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability, • Example: • Fighting with another student MAY BE caused by, or have a direct and substantial relationship to a child’s emotional disturbance when interpersonal relationships have been identified as a basis for the educational diagnosis.
6. Manifestation Determination (ii) the conduct in question was the direct result of the districts’ failure to implement the student’s IEP • Consider…. • whether the IEP and/or the support / intervention plan (i.e. BIP) were implemented as written, • and that any failure must bear a direct and substantial relationship to the infraction for it to be a manifestation of the disability.
6. Manifestation Determination (ii) the conduct in question was the direct result of the districts’ failure to implement the student’s IEP • Example…. • Failure to implement the IEP (i.e. reading a test) MAY NOT bear a direct and substantial relationship to the infraction (i.e. stealing a MP3 player).
6. Manifestation Determination (ii) the conduct in question was the direct result of the districts’ failure to implement the student’s IEP • Example…. • Failure to implement the IEP (i.e. BIP not implemented) MAY bear a direct and substantial relationship to the infraction (i.e. insubordination).
7.A. IS NOT a Manifestation …the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner and for the same duration in which the procedures would be applied to students without disabilities.
7.A. IS NOT a Manifestation … the student shall “receive, as appropriate, a functional behavioral assessment, behavior intervention services and modifications that are designed to address the behavior violation so that it does not recur.”
7.B. IS a Manifestation the IEP Team shall… conduct a functional behavioral assessment and implement a behavioral intervention plan for the student, provided the districts had not conducted such an assessment prior to the behavior resulting in suspension
7.B. IS a Manifestation the IEP Team shall… review the behavioral intervention plan if the student already had such a behavioral intervention plan, and modify it, as necessary, to address the behavior, and
7.B. IS a Manifestation the IEP Team shall… return the student to the placement from which the student was removed, UNLESS the parent and districts agree to a change of placement as part of the modification of the behavioral intervention plan or if the suspension involves a weapon, illegal drugs, or serious bodily injury.
7.C. “Special Circumstances” School personnel may remove a student to an interim alternative educational setting (AES) for not more than forty-five (45) SCHOOL days (NOT calendar) even though the misbehavior is determined to be a manifestation of the student’s disability, in cases where a student…
7.C. “Special Circumstances” • carries or possesses a weapon to or at school, on school premises, or to or at a school function • knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function, OR
7.C. “Special Circumstances” • has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function • “serious bodily injury” means a “bodily injury that involves a 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.”
8. Additional Concerns • If additional concerns, not related to the misbehavior, are identified during the meeting…
10. Procedural Safeguards / Appeals • To appeal the manifestation determination (or other disability / special education decision), contact the Missouri Department of Elementary and Secondary Education (Procedural Safeguards, pg. 25 - 30).
10. Procedural Safeguards / Appeals • disagree with and appeal any decision regarding placement or the manifestation determination • an expedited hearing, with counsel if desired, when a decision regarding placement or the manifestation determination is appealed
10. Procedural Safeguards / Appeals “Stay put” During Appeal IDEA-2004 states that a student “shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the…” suspension when a manifestation determination or discipline placement decision is appealed
10. Procedural Safeguards / Appeals • To appeal the Parkway disciplinary consequences, send a written request for a Board of Education appeal / hearing to the Parkway superintendent of schools (Parkway Appeal Handout).
Roles And Responsibilities Depending On A Student’s Status (e.g., IDEA disability, Section 504 disability, suspected disability), Staff Roles and Responsibilities May Vary
Roles/Responsibilities For IDEA Students For students receiving special education services who are suspended, the school administrator suspending the student: • assumes all school level administrative roles/responsibilities for the suspension • is responsible for notifying the IEP chairperson (case manager) and, when a change if placement may result, the SSD area coordinator
Roles/Responsibilities For IDEA Students The IEP chairperson/case manager has a number of roles and responsibilities identified in the Parkway JKF Guidelines and in SSD procedural manuals. These include, but are not limited to: • maintaining a suspension record for each student and determining if a pattern of suspension has been created • coordinating a manifestation determination when required or requested
Roles/Responsibilities For Students With 504 OR Suspected Disabilities For students with Section 504 (only) or suspected disabilities who are suspended, the school administrator suspending the student assumes ALL school level roles/responsibilities associated with such suspensions. These are identified in Policy JKF and its Guidelines.
Suspension Procedures Principal And Superintendent Suspensions Of Students With Disabilities Or Suspected Disabilities
Suspension Procedures Once a behavior infraction occurs which requires administrative action and might result in a suspension, the administrator determines if the student involved: • has, or is suspected of having, a disability • requires any special accommodations • has behavioral intervention plan
Suspension Procedures • Complete the investigationof the incident • Provide the student with due process to determine if the student has violated JK.BP "Student Discipline" and will be suspended
Principal Suspension Student Suspended 10 Or Fewer Days For School Year
Principal Suspension If the behavior infraction warrants a Principal Suspension that does NOT result in cumulative suspensions totaling more than ten (10) days for the school year, the following procedural steps are required…
Principal Suspension The suspending school administrator… • notifies the parent(s)/guardian(s) of the suspension, procedural safeguards, and, when suspension will be 10 days, of the opportunity for the student to attend the ADC • suspends the student • notifies the IEP case manager (for students receiving special education services) (continued)
Principal Suspension The suspending school administrator… • sends the appropriate Principal Suspension letter, with copies to staff as needed • updates the student’s record and appropriate data-bases with the suspension documentation and data
Principal Suspension Student Suspended MORE THAN 10 Days Cumulatively For School Year