DISCIPLINE OF STUDENTS WITH DISABILITIES Presented by: Donald Griffin Education Specialist Division of Performance and Accountability Bureau of Indian Education Sponge or Sieve? Discipline Procedures How are Students with Disabilities Disciplined? • Students receiving special education services may be disciplined like any other student for up to 10 school days a year. Students with Disabilities are Treated Differently Let’s look at: • 10 Day Rule – FAPE Free Zone • On the 11th Day – Special Protections and Procedures FAPE FREE ZONE (Short-term suspension of 10 days or less) • For 10 cumulative days during the school year, schools have the authority to remove a student with a disability: – – – – without parental consent without providing services; without conducting an MDR; and without convening an IEP Team meeting. • Except that students with disabilities retain the same rights as nondisabled students. Authority of School Personnel What happens if the Student violates a code of student conduct again? On the 11th Day……. • Beginning on the 11th day, after a student with a disability has been removed from his or her current placement for 10 school days in the same school year, the school must provide educational services to the student that will enable the student to progress in the general curriculum and advance toward meeting the IEP goals. • School Principal Determination of “Pattern of Exclusion” Factors in determining “pattern of removals” IDEA §300.536 provides that a pattern would exist— • when the series of removals total more than 10 school days in a school year; • when the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals; and • when additional factors exist 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. Case Study #1 Samantha, a student with a disability, is suspended from school for 6 days in November . Then another 3 days in February and 1 day in April. Does that constitute a pattern of removals that amount to a change of placement for Samantha? NO, THAT’S ONLY 10 SCHOOL DAYS TOTAL. Case Study #2 How about this situation, Samuel, a student with a disability, has been disciplined for several incidents during the school year. • Two separate incidents of throwing food at children in the cafeteria, each time resulting in a suspension of one day in September and October. • Pulling the fire alarm in November, he received a five-day suspension. • Fighting in class in December, he received a two days suspension. • And, setting off the sprinkler system in the school with a lighter in February, he received a two days suspension. Could the school principal determine that Samuel's removals constitute a pattern and, thus, a change of placement? Yes. Samuel has accumulated a series of removals that total more than 10 school days in a school year. Authority of School Personnel New Authority in IDEA Case-byCase School personnel may consider any unique circumstances on a case-by-case basis in determining whether a change of placement is appropriate for a child with a disability. §300.530(a) Short-term Suspension of 10 Days or More, Not a Change in Placement • Beginning on the 11th day, school must provide educational services • School Principal will consult with at least one of the student’s teachers to determine needed services • School Principal reviews suspension to determine if pattern of exclusion exist Short-term Suspension of 10 Days or More, Not a Change in Placement (continued) • Within 10 days after the 11th total day of discipline removal in a school year, an IEP team meeting must be held – To plan for a “Functional Behavior Assessment” – Develop a “Behavior Intervention Plan” • If these already exist: – Review and revise them, as needed – Review IEP, determine educational services student will receive while assigned to disciplinary setting Suspensions of 10 Days or More, Considered a “Change of Placement” • Parents are provided with a notice of the proposed disciplinary action and a copy of Parent Rights and Procedural Safeguards • An IEP team meeting is convened within 10 days after the initial removal date. – Conduct a Manifestation Determination • • • • Behavior caused by the student’s disability IEP and program appropriate at time of the behavior All services and supports in IEP were provided Student’s disability impaired his/her ability to understand impact and consequences of the behavior or the ability to control the behavior. Manifestation Determination New Standards in IDEA Manifestation Determination If Yes-- Manifestation Determination If No– (Determination is that behavior is not a manifestation) Student is disciplined in the same manner and for the same length of time* as a student without disabilities would be disciplined except that services provisions apply * Student continues to receive services as described in 300.530(d) Interim Alternative Educational Setting Special Circumstances (Removal for Weapons & Drugs) 34 CFR §300.530, 300.531, 300.535 Interim Alternative Educational Setting Special Circumstances (Removal to Prevent Injury) 34 CFR §300.530 Expulsion SWD * can be expelled when: 1) Behavior not manifestation of student’s disability 2) Student has appropriate FBA and BIP 3) If a nondisabled student would be expelled in a similar circumstance IDEA § 300.530 * Student continues to receive services as described in 300.530(d) Appeals Rights Requesting an appeal… • Parents may appeal decisions regarding placement of their child • Parents may appeal decisions regarding Manifestation Determination • The school may appeal a decision to maintain the current placement, if the school believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others IDEA § 300.530, 300.531 No, not that kind of peel! Student’s Placement During Appeals Here— Or there?