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Sue Gamm, Esq., Public Consulting Group

Session 1: IDEA Discipline Procedures Overview & Change in Placement. Sue Gamm, Esq., Public Consulting Group. Session 1 . Core IDEA Discipline Concepts. FBA & BIPs. No Safeguards 1 st 10 Days. Educational Placement. Deciders. Change in Placement. Due Process & Stay Put.

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Sue Gamm, Esq., Public Consulting Group

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  1. Session 1: IDEA Discipline Procedures Overview & Change in Placement Sue Gamm, Esq., Public Consulting Group

  2. Session 1

  3. Core IDEA Discipline Concepts FBA & BIPs No Safeguards 1st 10 Days Educational Placement Deciders Change in Placement Due Process & Stay Put Manifestation Determination Deemed Eligible SPP Indicator 4 3 Special Circumstances & Substantially Likely to Injure

  4. 1st 10 Days of Disciplinary Removal No procedural safeguards apply regardless of removal for 10 days at a time or in smaller increments up to 10. • Appropriate & sufficient to: • Continue to participate in gen ed curriculum • Progress toward meeting IEP goals Educational Services Based on various factors, when removal constitutes a change in placement & requires consideration of manifestation determination. Change in Placement

  5. The answer to 2 questions determines if a student may be removed to another setting for disciplinary action. Manifestation Determination When action involves drugs, weapons & serious bodily injury, may remove students regardless of manifestation determination. 3 Special Circumstances Can ask IDEA hearing officer to find student is substantially likely to injure self or others & order a removal for 45 school days. Substantially Likely to Injure

  6. Functional behavior assessments & behavior intervention plans must be considered, provided as appropriate, or mandated depending on manifestation & presence of special circumstances. FBAs & BIPs Decisions must be made by different groups of individuals depending on the purpose for the decision. Deciders Whether a student’s current placement (at time of disciplinary infraction) must be maintained (i.e., stay put) pending due process depends on the presence of a special circumstance. Due Process & Stay Put

  7. In certain circumstances, students without disabilities are “deemed” IDEA eligible & entitled to safeguards. Deemed Eligible Federally required State Performance Plan Indicator 4 measures suspensions for students with IEPs that are discrepant based on variety of factors. SPP Indicator 4

  8. Determining Change in Placement Removed More Than 10 Consecutive School Days CONSIDER OR Series of Suspensions • Length of each • Total amount time removed Similar to other behavior • More than 10 days/year • Proximity to one another

  9. When Do Short Term Removals Become a Change in Placement?

  10. Half Day Removal • Counts as .5 day • Check to see if LA SIS tracks .5 days • In-school Suspension • Doesn’t count IF: • Appropriately participate • in gen ed curriculum, IEP services & Involvement with nondisabled peers • What Counts As A Removal? Transportation IS Related Service Removal counts unless child gets to school another way Transportation Not Related Service Doesn’t count. But if bus behavior similar to class’, consider IEP/FBA/BIP

  11. FAIL TO Record Suspension

  12. Send Student Home Until Parent Comes to School

  13. Days of Removal & Change in Placement Change? NO NO Maybe

  14. Determining Change in Placement • Length of Each Suspension • Substantially Similar Behavior • Total • Days • Proximity More extreme factors, pattern more likely: longer suspensions - more total days - fewer days between

  15. Case Studies

  16. Change of Placement: Example 1 • Substantially Similar Behavior • Length of Each Suspension • Total • Days • Proximity 9/9 Walking hallways & disrespectful 5 days 11/11 Out of class, walking halls & disrespectful 5 days 12/16 Hit classmate in class 7 days 2/12 Disobedience & walking halls 5 days

  17. Change of Placement: Example 1 • Substantially Similar Behavior • Length of Each Suspension • Total • Days • Proximity 9/9Verbally abused student & teacher 2 days 9/15Hit classmate 5 days 9/27 Hit student on school grounds 3 days 10/15 Hit student on bus 2 days 10/20 Sexual offense 10 days 11/5 Verbally abused student & teacher5 days

  18. LEAs may choose to establish policy that defines 10 school days of removal to be a change in placement, thus eliminating the subjective pattern analysis.

  19. Is Someone Keeping Track? Is Someone Ensuring Decisions Are Consistent?

  20. NO Change in Placement • School personnel &at least 1 of child’s teachers • Decide services (FAPE) student needs to: • Continue participation in gen ed curriculum • Progress toward meeting IEP goals

  21. YES Change in Placement On date decide to change placement - give parents written notice & LA Educational Rights of Exceptional Children • Parent & “Relevant” IEP Members • (As determined by LEA & Parent) • Manifestation • Determination • Addresses FBA/BIP • IEP Team • Determines • Educational Services

  22. Session 2

  23. Thank You!

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