Significant Discrepancy in
Suspension and Expulsion
Rates in West Virginia:
Barriers to Implementation of
Discipline Policy and Procedures
November 15, 2012
Lanai Jennings, Ph.D.
Lorraine Ciambotti Elswick, M.A.
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Indicator Definitions
• Indicator 4A: Are there significant discrepancies
in rates of suspension and expulsion (greater than
10 days) for students with disabilities in an LEA as
defined by the State established bar?
• Indicator 4B: Are there significant discrepancies
in rates of suspension and expulsion (greater than
10 days) for students with disabilities by
race/ethnicity in an LEA as defined by the State
established bar?
2
State Bar / Threshold
• Greater than or equal to 3.28
• Basis for state bar
3.28 is two times the rate of the SWD
ALL group for 2009-2010 data year
Threshold was approved by the West Virginia Advisory
Council for the Education of Exceptional Children in
December 2011.
• Threshold is also important in preventing
Significant Disproportionality and 15% set aside
of funds
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Percent of Students with Disabilities with Removals
Beyond Ten Days
5.00%
4.00%
3.00%
2.00%
1.00%
0.00%
2009-2010
2010-2011
2011-2012
All SWDs
1.64%
1.34%
1.62%
Black SWDs
3.63%
2.95%
3.63%
White SWDs
1.53%
1.26%
1.52%
Multiracial SWDs
0.52%
0.62%
2.50%
4
Minimum Cell Requirement
• 20 or more students
with IEPs in the
December 1st special
education enrollment
• All districts meet cell
size for Indicator 4A
Race/Ethnicity
Number of Districts
Meeting the Cell
Requirement for 4B
Asian
1
Black / African
American
19
Hispanic
4
White (not
Hispanic)
57
Two or more
races
7
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Two Step Process
Step 1
• Review data to determine if
a significant discrepancy
exits
– (Slides 2-5)
– Excel Workbook
Step 2
• Conduct a review of policy,
procedures and practices if
a significant discrepancy
exists
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Review of Policy, Procedures and
Practices
Requirement
If significant discrepancies exist, do policy,
procedures and practices contribute to the
discrepancies (i.e., findings of noncompliance
relating to the development and implementation of
IEPs, the use of positive behavioral interventions
and supports and procedural safeguards)(20 U.S.C.
1412(a)(22))?
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Common barriers to correct implementation of
discipline procedures
1. Unreliable data
2. Understanding when a disciplinary change of
placement has occurred
3. Lack of documentation of consultation when Not a
Change of Placement
4. Same day notice requirements
5. Manifestation determination requirements
6. Addressing the behavior so it does not recur,
including use of positive behavioral interventions
and supports and other strategies to address the
behavior subject to the removal.
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Discipline and Attendance Data
WVEIS Discipline Record
Suspension
Date
9
Days OSS
8/24/12
1
9/6/12
9
10/2/12
2
WVEIS Attendance Record
Date
Reason
Day
Cum.
Days
8/24/12
S1 – Out of School
1
1
9/07/12
S1 – Out of School
1
2
9/10/12
S1 – Out of School
1
3
9/11/12
S1 – Out of School
1
4
9/12/12
S1 – Out of School
1
5
9/13/12
S1 – Out of School
1
6
9/14/12
S1 – Out of School
1
7
9/17/12
S1 – Out of School
1
8
10/2/12
S1 – Out of School
1
9
10/3/12
S1 – Out of School
1
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Disciplinary Change of Placement
A Disciplinary Change of Placement Occurs if:
1) the removal is more than 10 consecutive school days; OR
2) the student has been subjected to a series of removals
that constitute a pattern because all 3 of the following
exist:
 Series of removals total more than 10 cumulative school
days in the year;
 The student’s behavior is substantially similar to the
behavior in previous incidents in the series of
removals; and
 Additional factors such as the length of each removal,
the total amount of time the student has been
removed, and the proximity of the removals to one
another.
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Example Student Suspension Record
Key:
Action Code:
24A = OSS
Offense Codes:
3B = Disruptive/Disrespectful
Conduct
23B = Defacing School Property/
Vandalism
39B = Possession of Illicit Drugs
20B = Profane Language/ Obscene
Gesture/ Indecent Act
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Not a Change of Placement
If the current removal is for not more than 10
consecutive school days and is not a change of
placement because it does not meet the 3 criteria
for a pattern, school personnel, in consultation with
at least one of the student’s teachers, must
determine the extent to which services are needed
to:
continue to participate in the general education
curriculum, and
progress toward meeting the goals set out in the
student’s IEP.
* This consultation and the services determined
must be documented
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Same Day Notice Requirements
When Considering a Disciplinary
Change of Placement
The district must:
1. Provide same day written notice of the
removal
2. Prior Written Notice
3. Procedural Safeguards
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Manifestation Determination
• When the removal is determined to be a
change of placement, the district must:
– Within ten (10) school days, meet with the parent
and relevant members of the IEP Team, to conduct
a manifestation determination,
– by reviewing all pertinent information in the
student’s file, including the student’s IEP, any
teacher observations, and any relevant
information provided by the parents to determine:
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Manifestation Determination (cont.)
– If the conduct in question was caused by, or had a
direct and substantial relationship to the student’s
disability; or
– If the conduct in question was the direct result of the
district’s failure to implement the IEP.
If the district, the parent and relevant members of the IEP
Team determine that either of the conditions described above
were met, the conduct must be determined to be a
manifestation of the student’s disability, and the district must
take immediate steps to remedy those deficiencies.
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Results of Manifestation
Determination Review
• If behavior is not a manifestation of the student’s
disability,
– May apply relevant disciplinary procedures as with
students without disabilities;
– Convene IEP Team to develop an IEP to enable student
to continue to participate in general ed. curriculum
and make progress toward IEP goals (FAPE); and
– Provide as appropriate a FBA and behavior
intervention services and modifications that are
designed to address the behavior violation so that it
does not recur.
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Results of Manifestation
Determination Review
If behavior is a manifestation of the student’s
disability,
—Conduct a FBA and develop a BIP, if one has not been
developed;
—Review the existing BIP and revise as needed to
address current behavior; and
—Return the student to the placement from which the
student was removed unless the parent and the
district agree to a change of placement as part of the
modification of the BIP as determined by the IEP
Team.
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Addressing the Behavior
• IDEA and Policy 2419 require the use of positive
behavioral interventions and supports to be
considered for:
– a student whose behavior impedes his or her learning
or that of others, and
– when the student’s behavior is not a manifestation of
the student’s disability.
• FBAs & BIPs are required only when a student’s
behavior is determined to be a manifestation of
the disability.
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Addressing the Behavior
Policy 4373: Expected Behavior in Safe and
Supportive Schools requires the following:
The West Virginia Board of Education believes that
public schools should undertake proactive, preventive
approaches to ensure a positive school climate/culture
that fosters learning and personal-social development.
These regulations require county boards of education
to design and implement procedures to create and
support continuous school climate/culture
improvement processes within all schools that will
ensure an orderly and safe environment that is
conducive to learning.
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Addressing the Behavior
• The IEP Team may address behavior through
annual goals in the IEP. The student’s IEP may
include modifications in his or her program,
support for his or her teachers, and any
related services necessary to achieve his or
her behavioral goals. If the student needs a
BIP to improve learning and socialization, the
BIP can be included in the IEP and aligned to
the goals in the IEP.
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Resources
• Indicator 4 discipline review form
• Discipline data from SY 2011-2012
– Basis for Indicators 4A and 4B
• Comprehensive discipline training
– Hodgin’s PPT from Fall 2012 Leadership
• OSEP TA Center on Positive Behavioral
Interventions and Supports
– http://www.pbis.org/
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