Session 3: IDEA Disciplinary Procedures
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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

IDEA Due Process Hearings

  • Authority

  • Who Can Request

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

Deemed Eligible

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

Referral to action by law enforcement judicial authorities
Referral To & Action by Law Enforcement & Judicial Authorities

  • IDEA doesn’t prohibit reporting a crime committed by student with disabilities

  • Transmittal of Records

  • When report, give copies of student’s sped & disciplinary records for police consideration

  • FERPA: Requires parent consent to release

Application of section 504 ada
Application of Section 504 &ADA

Generally, students with disabilities eligible for services only under Section 504/ADA (i.e., need supplementary aids &related services only) have procedural safeguards

Safeguards don’t

apply to:

Behavior not manifested by a disability

Offenses involving illegal drugs (& not in rehabilitation)

Indicator 4a state performance plan
Indicator 4A - State Performance Plan

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.

School master plan for discipline
School Master Plan for Discipline

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.

  • Regular & efficient monitoring/evaluation of effective implementation of school-wide system of discipline.

  • School data collection includes: referrals by day/month, time, problem behavior, location, student & staff, etc.

Make changes based on data analysis.

Is anyone looking at the data?

Are tiered interventions in place?