Session 3: IDEA Disciplinary Procedures Due Process, Deemed Eligible, Referral to Law Enforcement, ADA/§504, Indicator 4. Sue Gamm, Esq., Public Consulting Group. Session 3. IDEA Due Process Hearings. Authority. Who Can Request.
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Sue Gamm, Esq.,
Public Consulting Group
Parent who disagrees with placement change decision, manifestation determination, IAES
Return to placement at time of misbehavior if removal noncompliant or behavior manifested by disability
Order IAES < 45 school days if behavior substantially likely to result in injury; can repeat request
LEA when believes maintaining placement is substantially likely to result in injury to student &/or others
Parent wrote to sup/admin or teacher re: concerns about child’s possible sped/RS needs
Teacher/Other Staff directly to sped director or other supervisory personnelexpressed specific concerns re: behavior pattern
Evaluationwas requested for student before incident
Procedural safeguards apply, e.g., change in placement determination, manifestation determination, continuation of services, FBA/BIP
NOT Deemed Eligible
Use same safeguards applicable to students without disabilities engaging in comparable behaviors
New Request for Evaluation: Expeditebut student remains in placement determined by school authorities. If eligible, give sped & related services
Generally, students with disabilities eligible for services only under Section 504/ADA (i.e., need supplementary aids &related services only) have procedural safeguards
Behavior not manifested by a disability
Offenses involving illegal drugs (& not in rehabilitation)
Significantly discrepant rates of suspensions (> 10 days in school year) & expulsions
% =1.5 times greater than LA SwD Average (not to exceed 3%)
2009-10: .93% LA SwD Average
Significant Discrepancy > 1.40
Targeted LEAs Monitored:
Corrective action plan for any noncompliance
LA Code RS 17:252
Each LEA to have master plan supporting behavior & discipline
Based on LDOE’s Model Master Discipline Plan
Emphasis on systemic approach to positive behavioral support
School Master Plans for
Supporting Student Behavior
BESE, in collaboration with LA Juvenile Justice Planning & Coordination Board, shall formulate, develop, and recommend to the Juvenile Justice Reform Act Implementation Commission by March 1, 2004, a model master plan for improving behavior and discipline within schools.
B. Each city, parish, and other local public school board shall cause to be developed and shall submit by October 1, 2004, a master plan for each school under the board's jurisdiction for improving behavior and discipline in each such school based on the model master plan developed and approved by the State Board of Elementary and Secondary Education.
To assure classroom management is based on positive behavioral supports & effective disciplinary tools, schools will:
Establish/use school-based leadership teams to meet on regularly scheduled basis to review data & guide positive behavior process.
Leadership team (to extent possible) includes representatives of school administration, regular/special education teachers, parents, guidance counselors, and school bus operators; may also include other groups, e.g., food services workers, etc
To Drive Decisions
Graphical representation of discipline issues.
Make changes based on data analysis.
Is anyone looking at the data?
Are tiered interventions in place?