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The information you are about to hear derives
from the Individuals with Disabilities
Education Improvement Act (IDEA 2004) and
Policy 2419: Regulations for the Education of
Students with Exceptionalities and is not
necessarily the sole philosophy of the
presenter.
(Please don’t shoot the messenger!!)
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The use of a school wide positive behavior
support program (SWPBS) may greatly reduce
the need for the following information.
For more information regarding SWPBS please
contact:
Dr. Frances Clark
West Virginia Department of Education
304-558-2696
fclark@access.k12.wv.us
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Participants will:
Identify the role of disciplinary requirements in
relation to accountability for student results
Apply knowledge of disciplinary language and
requirements
Identify various types of removals and their
procedural requirements
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Improved attendance rates
Decreased suspensions
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Increased participation in assessments
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Improved performance on assessments
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Increased graduation rates
Decreased drop out rates
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Making Sense Out Of The Language
Of Discipline
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 Briefly,
complete the matching
vocabulary exercise handout.
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a. Procedural Safeguards
b. Behavior Intervention Plan (BIP)
c. Manifestation Determination
d. FAPE
e. Functional Behavior Assessment (FBA)
f. Removals
g. Disciplinary Change of Placement
____1. a decision about relationship between disability and behavior
_____2. series of removals that is a pattern based on factors such as length and
proximity
_____3. includes special education and related services provided at public
expense
_____4. method of determining purpose of behavior
_____5. designed to include environmental adaptations, staff responses and
methods of teaching replacement behaviors
_____6. provides parents and adult students with their rights regarding the
special education process
_____7. includes suspensions, expulsions, or other instances in which student
is sent home because of disciplinary purposes.
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Removals – any time a student is taken
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Change of Placement
from the educational placement as a
disciplinary action
◦ Removal of more than 10 consecutive days;
or
◦ Removals that constitute a pattern
 > 10 cumulative school days
 Similarity of removal behaviors and
 Length, total time and proximity of removals
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Manifestation Determination Review (MDR)– a
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Functional Behavior Assessment (FBA) – a
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Behavior Intervention Plan (BIP) – developed
process the IEP team uses to decide if the behavior
subject to discipline is inherent to the student’s
disability.
method of determining the purpose of the
behavior(s) subject to disciplinary action
using FBA information, includes methods for
teaching replacement behaviors, strategies for
meeting student needs appropriately,
environmental adaptations, etc.
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Free Appropriate Public Education (FAPE) –
special education and related services
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Provided at public expense
Meets WVDE standards & Policy 2419 requirements
Includes preschool through high school
Provided in conformity with the Individual Education Plan (IEP)
Encompasses services necessary for the student
Procedural Safeguards - a document that
informs parents/adult students of their rights
regarding the special education process
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http://wvde.state.wv.us/specialeducationcom
pliance/resources.html
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Apply discipline as with all students.
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No special procedures apply.
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Decision Number 1:
Does this removal constitute a change of
placement for the student?
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2 criteria to consider
 Removal for >10 consecutive days
OR
 Removals constitute a pattern
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the student’s cumulative removals are >10
school days, and
there is similarity of removal behaviors to
previous behaviors, and
length, total time and proximity of removals
have been considered.
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With a partner, consider the data and answer
only questions 1,2 and 3.
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Apply discipline as with all students
Consultation required
Consider completing FBA
Consider interventions
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Notice of suspension (PWN)
Procedural Safeguards
Schedule IEP team meeting
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Decision Number 2:
Is the student’s conduct a manifestation of
the student’s disability?
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Direct, substantial relationship, OR
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Failure to implement IEP
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IEP team determines need for FBA/BIP
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IEP team determines services/setting
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Apply discipline as with all students
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Conduct FBA, if none previous
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Develop or review and revise BIP
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Determine educational services
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Return student to prior placement, unless
other agreement
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Refer to hand out number 3 once again and
with your neighbor answer questions 4 and 5.
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‣ Weapons
‣ Drugs
‣ Serious Bodily Injury
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Discipline Procedures Addressed in:
 WV School Code §18A-5-1a
 IDEA 2004
 Policy 2419
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Carries or possesses a weapon
Knowingly possesses, carries, or uses illegal
drugs or sells or solicits the sale of a
controlled substance
Inflicts serious bodily harm involving:
 A substantial risk of death
 Extreme physical pain
 Protracted and obvious disfigurement or
loss/impairment of function of bodily
member, organ or mental faculty to another
person
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Filing of a due process complaint
 Parent -- disagreement with placement
or manifestation determination
 District -- concern over potential injury if
student maintains current placement
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Expedited Hearing
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Request for Evaluation of Disciplined Student
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Protection for Students Not Yet Eligible
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Involvement with Law Enforcement
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Transfer of Discipline Records
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Request for Evaluation of Disciplined Student
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Stay put
Expedited evaluation
Determine eligibility
Apply appropriate procedures
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Protection for Students Not Yet Eligible
 Basis of knowledge
 No basis of knowledge
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Involvement with Law Enforcement
May report crimes by students
Must report students with firearms
Provide discipline & special education
records as permitted by regulations
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Transfer of Discipline Records
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WV Code §18A-5-1a
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You can always:
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Start a PBS program at your school
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Call Officer Mike!
OR
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Contact Rosemary Cook
rcook@access.k12.wv.us
304-558-7805
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Type of Removal
1. <11 cumulative
days
2. >11 cumulative
days (no change of
placement)
Type of Services
Services Determined
By:
Same as for all
students
None Required
FAPE
3. Disciplinary change Participation in GEE
of placement
Progress toward IEP
goals
FBA & BIP
4. Interim Alternative
Educational Setting
(IAES)
Same as #3 above
School personnel in
consultation with
teacher
IEP Team
IEP Team
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