Discipline For Students With Disabilities February 2011 Suzy Harris, Program Manager 504 & IDEA Compliance Tammy Jackson, Sr. Program Manager Student Conduct and Discipline
Discipline The general flow
The Basics of Discipline • Misbehavior occurs at a level that is referred to the office (“A Referral”) • Office admin./SMS investigates and talks to the student (Investigation and Due Process) • Office admin./SMS determine consequences and/or interventions
Business Process/Improving Communication • Keep track of “who does what” use the Discipline Management form (see: www.pps.k12.or.us/departrments/student-services/361.htm) • Ensure all staff responsible for student discipline are aware of students with IEPs, Section 504 plans, and students who are being considered for special education services---Make a list---keep it current • Establish a process for ensuring sped case manager is notified when discipline occurs---regardless of the level of action
Problem #1: Disproportionate Discipline (of > 10 school days) • Black and Hispanic students, disabled and non disabled, are excluded at a higher rate than white students. • Students with disabilities were excluded at a rate 3 times higher than that of students without disabilities. • Black students with disabilities were excluded for more than ten days at a higher rate than other students with disabilities. • Hispanic students grades 6-12 with disabilities are excluded for more than ten days at a higher rate than other students with disabilities.
What we are doing… • District-wide equity work • Courageous Conversations about Race • Response to Intervention • “Watch list” notifications (for students between 5-10 days of exclusion) • Functional behavior assessments • Behavior intervention plans • Consider BAST for nondisabled students
How will we know we are improving (progress monitoring)…. • Monthly review of data (buildings/regions) • Quarterly & annual review of data (buildings/regions/central office)
Let’s apply the “watch list” process to Matt …a mid-level student with an intellectual disability who has two periods/day in the learning center…
Problem #2: Manifestation Determination Procedures Manifestation determination meetings are not consistently occurring before a student’s 11th cumulative day of suspension.
What we are doing • Providing training on manifestation determination requirements (clarifying expectations) • Improving tools for schools--Certify messages to principals and SPED data clerks • New process for documenting exceptions (if “no pattern”)
Why is there an exception provision for a manifestation determination (“no pattern”)? • Congress balanced the need for discipline protections for students with disabilities with the need for safe schools. • Thus the exception provision should only be used sparingly and when there is a clear safety issue. (objective standard) Safety meaning significant risk of harm to self and/or others • There is a very limited number of extra days (over 10) that the exception can provide – not really more than 7.
When would an exception for “no pattern” be appropriate? • When the proposed exclusion would result in less than 18 total days of exclusion for this school year • When the current behavior is different than behavior resulting in past suspensions • As indicated in the handout-Guidelines for Determining a “Pattern” for Students with Disabilities • After completing Manifestation Determination Exception Form
How we will know we are improving (progress monitoring) • Weekly monitoring by SPED compliance team • Target: 100% of special education students who are proposed for exclusion for more than ten school days will have: • A manifestation determination; or • A documented exception (for “no pattern”).
Let’s apply the manifestation determination process to Tiffany … a high school student with a specific learning disability, has one period in the learning center
Tiffany’s Disciplinary Incidents 10/6 Battery – 10 day suspension pending expulsion (hit teacher’s arm when teacher tries to take away cell phone) What needs to happen before the 11th day of exclusion?
Let’s apply the manifestation determination process to Michael… a 3rd grade student (ED & OHI), receives special education services in Behavior Focus classroom for 60% of school day
But what about a student “not yet eligible” like Gabriella… A second grader who moved into PPS this year. She is not on an IEP or 504 plan but has received mental health services in the community for PTSD due to abuse at an early age.
Problem #3: Access to education Some special education students are not receiving educational services on the 11th day of exclusion (and beyond).
How we will know we are improving (progress monitoring) • Weekly monitoring by Special Ed compliance team • Target: 100% of special education students excluded for more than ten school days will get educational services on the days of exclusion.
Students Who Have Exceeded 10 Days • MUST have plan in place for how general education and IEP services will be provided on subsequent days of suspension, expulsion, or removal. • Home instruction is an option: • Pending placement in alternative ed program • For short term suspensions • NOT A LONG-TERM SOLUTION!
When is Redirections an option? • Interim for up to 45 school days for “big three”: • Drug offense • Weapon offense (IDEA definition of weapon) • Serious bodily injury (must be really serious) • Eval/stabilization under some circumstances • Students expelled from a special focus class & no appropriate alt ed program available
And a couple more things to remember… • Every manifestation determination meeting must have: • SPED meeting minutes showing parents have been given a copy of the Parent Rights booklet. • Every time the answer is YES, there is a manifestation, the team must: • Complete or review an FBA on that behavior • Complete or review a BIP/BSP on that behavior
Resources • Special Education Materials • Procedures for Disciplining Students with Disabilities • Manifestation Determination Q & A • Roles & Responsibilities • Guidelines for Determining “Pattern” • Manifestation determination Exception Form • Student Conduct Materials • “The chart” • “The guide” • Discipline Management Form
Thank You!!! Suzy Harris Program Manager - 504 & IDEA Compliance firstname.lastname@example.org 503.916-2000 ext. 74214 Tammy Jackson Sr. Program Manger Student Conduct and Discipline email@example.com 503.916.2000 ext. 71004