Disciplining Students with Disabilities
and MS Bullying Law
Annie Margaret Harris
Office of Special Education
Division of Technical Assistance
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
1
Policy
It is the policy of the MS Department of
Education (MDE) that each public
agency that provides education to
children with disabilities will establish,
maintain and implement procedural
safeguards regarding disciplinary
procedures for these children and their
parent(s).
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
2
Goals of Training
• Understand the basic principles of
Individuals with Disabilities Education Act
(IDEA) discipline requirements
• Apply the basic rules of IDEA discipline
requirements
• Review MS Bullying Law
• Review MS Bullying guidelines for schools
• Administering district Bullying polices for
students and employees
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
3
School District Responsibilities
• Develop and share discipline policies
and procedures with parents, students,
and school staff (i.e., student conduct,
rules and consequences, due process
rights)
• Ensure that school staff understand and
implement the dual disciplinary
standards for students covered under
the IDEA and Section 504
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
4
School District Responsibilities
• Document in written form all discussions
related to discipline as well as all
disciplinary actions taken
• Ensure school personnel evaluate the
effectiveness of disciplinary policies and
procedures and make changes and
adjustments as needed
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
5
School District Responsibilities
• Develop and consistently implement a
detailed Behavior Intervention Plan (BIP)
based on a Functional Behavior Assessment
(FBA), regardless of student’s disability
category
• Develop and consistently implement
personnel policies, discipline policies and
code of student conduct policies and
procedures against bullying or harassing
behavior
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
6
Basic Principles of IDEA
Discipline Procedures
• Designed to prevent speculative and
subjective decision
• Address such concerns as school safety
and order
• Help schools respond appropriately
• Promote the use of proactive measures
• Increase the success of “at risk”
students
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
7
Rights to Fair Procedures
• Schools must develop reasonable
school rules & clearly communicate
them to all students.
• For short-term suspensions, students
must be notified orally or in writing of
charges and have the chance to state
their case.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
8
Rights to Fair Procedures
• All students should be disciplined the
same, unless an alternate discipline
plan is included in the student’s IEP or
504 plan.
• Written notice followed by a formal
hearing is required for long-term
suspensions.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
9
Rights to Fair Procedures
• Rules must be specific and definitive.
• Discipline procedures must be in
proportion to the gravity of the offense.
• Consequences should be rational and
fair.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
10
PRETEST
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
11
Discipline Pretest
T
T
F 1. Special education law prohibits
suspending a child with a disability
for more than 10 school days in a
school year.
F 2. Special education law prohibits
expelling a child with a disability
for conduct which is a
manifestation of the child’s disability.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
12
Discipline Pretest
T F 3. An LEA may place a child with a
disability in an IAES for up to 45 school
days for misconduct at school
involving weapons or illegal drugs,
whether or not the conduct is a
manifestation of the child’s disability.
T F 4. An LEA may place a child with a
disability in an IAES for up to 45 school
days for misconduct at school involving
alcohol or tobacco.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
13
Discipline Pretest
T
T
F 5. It is not necessary to conduct a
manifestation determination
when a child is placed in an
IAES for misconduct at school
involving weapons or illegal
drugs.
F 6. Special education law requires
educational services during any
disciplinary removal.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
14
Discipline Pretest
T
T
F 7. The IEP committee decides what
educational services will be provided
during any disciplinary
removal.
F 8. School personnel in consultation
with the child’s special education
teacher determine the appropriate
IAES for a child whose misconduct at
school involved weapons or illegal
drugs.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
15
Discipline Pretest
T
T
F 9. A hearing officer can place a
child who is dangerous to self
or others in an IAES for up to
45 school days.
F 10. School officials can report a
crime committed by a child
with a disability to law
enforcement officials.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
16
Discipline Pretest
T
T
F 11. A functional behavioral
assessment (FBA) and
behavioral intervention plan
(BIP) are only required for
children with emotional
disturbance.
F 12. An FBA and BIP are required
whenever a child with a disability is
removed for disciplinary reasons.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
17
Discipline Pretest
T
T
F 13. When a child with a disability who
has been expelled moves to a new
school district, the new school district
is required to serve the child.
F 14. If a child with a disability is placed
in an IAES for misconduct involving
weapons or illegal drugs and the
parent requests a due process hearing,
the child would return to the
placement he was in prior to the IAES
pending the hearing decision.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
18
Discipline Pretest
T
F 15. The IEP committee must conduct a
manifestation determination
whenever a disciplinary change
of placement is considered.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
19
Addressing Problem Behavior
Challenging behaviors must be
addressed in the IEP, regardless of the
student’s disability category (i.e., not
just for students labeled EmD).
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
20
Addressing Problem Behavior
• Detail permissible discipline procedures
as well as crisis intervention plan in BIP.
• Most discipline procedures are allowed
under the IDEA.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
21
Balance Zero Tolerance with Zero
Rejection
Identify programs geared toward
preventing or mitigating problem
behaviors, such as:
• Early intervention strategies
• Social skills training and positive
behavior supports
• Violence prevention
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
22
General Rules of Discipline
• Always give parents notice of
procedural safeguards.
• All students are entitled to certain rights.
• Agreement of parties supersedes rules.
• Students with disabilities are treated like
all other children until the end of the
tenth day of suspension.
• Always take into consideration how
many days the student has been
removed previously.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
23
General Rules of Discipline
• No absolute limit on days of removal
• Discipline permitted only to the same
extent as students without disabilities
• Short removals allowed if not a change
of placement
• If removal exceeds 10 cumulative or
consecutive school days, specific
actions are required.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
24
Discipline Procedure
• Suspensions of more than 10
consecutive days constitute a change in
placement.
• Students with disabilities may be
suspended more than 10 days;
however, they are entitled to receive
free appropriate public education
(FAPE) on the 11th day.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
25
Discipline Procedure
• Educational services must be provided
after suspensions equal 10 or more
cumulative days.
• Local Education Agencies (LEAs) may
remove a student with disabilities for a
maximum of 10 cumulative school days
per school year without providing
(FAPE).
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
26
Discipline Procedure
• A series of short-term suspensions is a
change in placement if a pattern can be
established.
• Excessive short-term suspensions may
be indicative of a faulty IEP and result in
a violation of FAPE.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
27
Positive Behavior Support
A plan for students with disabilities and
eligible young children who require
specific intervention(s) to address
behavior that interferes with learning
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
28
Positive Behavior Support
• Positive behavior support programs and
plans must be be based on a Functional
Behavior Assessment (FBA) and must utilize
positive behavior support techniques.
• When an intervention is needed to address
problem behavior, the types of intervention
chosen for a particular student or eligible
young child must be the least intrusive
necessary.
§14.133(a), §711.46(a)
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
29
Positive Behavior Support Plans
(PBSP)
A positive behavior support plan must:
• Be developed by the IEP Committee
• Be based on an FBA
• Become part of the individual eligible
young child’s or student’s IEP
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
30
Positive Behavior Support Plans
(PBSP)
Such plans must include methods that
utilize positive reinforcement and other
positive techniques to shape a student’s
behavior, ranging from the use of
positive verbal statements as a reward
for good behavior to specific tangible
rewards.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
31
Positive Behavior Support Plans
(PBSP)
School districts have the primary
responsibility for ensuring that PBSP
meet regulatory requirements, including:
• Training of personnel for the use of
specific procedures, methods and
techniques
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
32
Positive Behavior Support Plans
(PBSP)
• Having a written policy and
procedures on the use of positive
behavior support techniques and
obtaining parental consent prior to the
use of restraints or intrusive
procedures
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
33
LEAS May Not Use:
• Punishment for behavior that is caused
by the student’s disability
• Locked rooms, locked boxes, or other
locked structures or spaces from which
the student cannot readily exit
• Noxious substances
• Deprivation of basic rights, such as
withholding meals, water, or fresh air
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
34
LEAS May Not Use:
• Treatment of a demeaning manner
• Electric shock
• Suspension or removal from classes for
disciplinary reasons that form a pattern
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
35
Functional Behavior Assessment
FBA provides the process for developing a
useful understanding of how behavior relates to
the environment. It incorporates the following:
• Interviews
• Observations
• Reports from teachers and other
professionals
• Record reviews
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
36
Functional Behavior Assessment
Conduct functional behavioral
assessment (FBA) within 10 days:
• For suspensions of more than 10 days
• When placed in an interim alternative
educational setting (IAES)
• If a change of placement occurs
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
37
Behavior Intervention Plan
• Behavior Supports
• Proactive Strategies
• Positive Interventions
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
38
Code of Conduct vs. BIP
Codes of Conduct
• Negative
• Reactive
• Applies to every
student
• Is what the school
does to students
2011-2012
BIPs
• Positive
• Proactive
• Applies to select
students
• Is what the school
does for the
students
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
39
DISCIPLINE
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
40
General Rules
• In-school suspensions do not count as a
day of suspension if the student is:
 afforded the opportunity to progress in the
general education curriculum
 provided his/her special education and
related services
 allowed to participate with nondisabled
peers to the same extent as in the regular
placement
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
41
Change of Placement
Suspension of a student with disabilities
for more than 10 school days in a
school year constitutes a “change of
placement”.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
42
Change of Placement
• > than 10 consecutive school days
and/or
• > than 10 cumulative school days that
constitute a pattern
• When the student no longer has access
to the general curriculum and his/her
IEP is not being addressed, a change of
placement has occurred.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
43
Day
Calendar day unless otherwise
indicated as business day or school
day.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
44
School Day
Any day, including a partial day, that
children are in attendance at school for
instructional purpose. The term has the
same meaning for all children in school.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
45
Business Day
Monday through Friday, except for
Federal and State holidays (unless
holidays are specifically included in the
designation of business day).
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
46
Discipline Procedure
• If a series of short suspensions
constitute a “change of placement,” the
IEP committee must determine what
educational services are to be provided
to the student during future
suspensions.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
47
Discipline Procedure
Long-term suspension (up to 45 school
days) allowed when student:
• Has a weapon at school or a school
function
• Has illegal drugs, or sells a controlled
substance, at school or a school function
• Inflicts serious bodily injury to another
person at school or a school function
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
48
Discipline Procedure
• An IEP meeting must be convened
within 10 school days after a “change of
placement” occurs to conduct a
manifestation determination.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
49
Within 10 Days:
•
•
•
•
Notify parents
Provide Procedural Safeguards Notice
Conduct manifestation determination
Provide FAPE
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
50
Manifestation Determination
• Manifestation determination occurs
within 10 days after disciplinary action
that results in a change of placement.
• Manifestation determination is a hearing
to determine whether misconduct was
caused by or related to the student’s
disability.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
51
Discipline Procedure
• A manifestation determination must be
conducted by the student’s IEP
Committee, including the parent, and
other qualified personnel.
• The IEP Committee must determine
whether the student’s behavior was a
manifestation of his/her disability.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
52
Manifestation Determination
Not required when removal(s) is:
• less than 10 days
Is required when removal(s):
• Exceeds 10 school days
• Results in a change of placement
• Is due to drugs, weapons, or serious
bodily injury
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
53
Manifestation Determination
The IEP Committee shall review all
relevant information in the student’s file
to determine:
• If the conduct was caused by or had
a direct and substantial relationship
to the disability
• If the conduct was caused by a failure
to implement the IEP
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
54
Manifestation Determination
• If the IEP Committee determines the
behavior was not a manifestation of the
student’s disability, the student may be
subjected to the same disciplinary
action as a regular education student,
but the student remains entitled to
FAPE.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
55
Manifestation Determination
If the conduct IS a manifestation of the
child’s disability, the IEP Committee must:
• Conduct FBA and implement a BIP if no
prior FBA and BIP
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
56
Manifestation Determination
• Review prior FBA and BIP and modify
as necessary
• Return child to previous placement
unless parent and district agree to a
different placement
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
57
Manifestation Determination
If the behavior involves drugs, weapons,
or serious bodily injury and is not a
manifestation of the disability. . .
• Conduct the FBA, as appropriate
• Develop or modify the BIP, as
appropriate
• Provide FAPE for the student during the
entire length of the suspension
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
58
Manifestation Determination
If a parent disagrees with the IEP
Committee’s manifestation
determination, he/she may request an
expedited due process hearing to
resolve the dispute.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
59
Controlled Substance
Controlled substance: a drug or other
substance identified under schedules I, II, III,
IV or V in section 202(c) of the Controlled
Substance Act.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
60
Illegal Drug
A substance that is not legally
possessed or used under the
supervision of a licensed health-care
professional or that is not legally
possessed or used under any other
provision of Federal law.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
61
Weapon
• Any weapon (including a starter gun)
which will or is designed to or may
readily be converted to expel a
projectile by the action of an explosive
• The frame or receiver of any such
weapon
• Any firearm muffler or firearm silencer
or
• Any destructive device
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
62
Serious Bodily Injury
• A bodily injury that involves a
substantial risk of death
• Extreme physical pain
• Protracted and obvious disfigurement
• Protracted loss or impairment of the
function of a bodily member, organ or
faculty
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
63
Identify Students
• Know which students are receiving
special education services.
• Know which students have Section 504
plans.
• Know which students are in the pipeline
for evaluation for possible IDEA
eligibility.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
64
Systematize Records
•
•
•
•
Keep track of days of removal.
Include brief notes of what happened.
Determine who will do what.
Determine where records will be kept.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
65
Concentrate on Issues
• Determine if the behavior is dangerous
or disruptive.
• What will be accomplished by removing
the student?
• Can referrals be made to appropriate
community agencies?
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
66
Develop & Implement Interventions
• Prevent behaviors from becoming
problems.
• Be proactive.
• Anticipate behavior issues.
• Address in the IEP as goals/objectives.
• Teach appropriate behavior.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
67
Limit Punishment
• Punishment alone generally will not
solve the problem.
• Develop consequences for
unacceptable behavior.
• Allow for individual needs and
differences.
• Make the punishment fit the code of
conduct violation.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
68
Interim Alternative Educational
Settings (IAES)
An IAES can be used:
• For short-term suspension of 10
consecutive days or less; no educational
services required
• For long-term suspensions; educational
services required
• When ordered by hearing officer for
dangerous behaviors.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
69
Interim Alternative Educational
Settings (IAES)
IAES is the stay-put placement during
disagreement over disciplinary actions.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
70
Interim Alternative Educational
Settings (IAES)
LEAs may order a student with
disabilities be placed in an interim
alternative educational setting (IAES)
for no more than 45 school days if the
student is involved in matters involving
weapons, drugs or serious bodily injury
regardless of relationship to disability.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
71
Interim Alternative Educational
Settings (IAES)
• Remove to an appropriate IAES for not more
than 45 school days without regard to
whether the behavior is determined to be a
manifestation of the student’s disability.
• Conduct a manifestation determination review
within 10 days of suspension.
• Conduct an FBA.
• Develop a BIP
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
72
Interim Alternative Educational
Setting (IAES)
• Must provide a FAPE
• No more than 45 school days
• Placement by hearing officer if
considered a danger to self or others
• Can be reviewed and extended by IEP
Committee
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
73
Interim Alternative Educational
Setting (IAES)
• Hearing officer decides if behavior is
dangerous to self or others.
• IEP Committee determines the IAES
placement and services.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
74
Interim Alternative Educational
Setting (IAES)
While in the IAES, the student must be
allowed to:
• Progress in the general education
curriculum
• Continue to receive services and
modifications as described in the IEP and
• Receive services and modifications to
address behavior
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
75
Notice Patterns
• Look at the places or situations where
the behavior occurs.
• Look at the events that happen just
before and after the problem behavior.
• Look at how the student feels.
• Try to identify what events, times or
situations trigger the behavior.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
76
Establish Positive Behavior
Supports (PBS)
• Common approach to discipline
• Understand that student behavior
serves a purpose
• Provide common behavioral
expectations for students and staff
• Provide site-based strategies for
identified problem situations
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
77
FAPE-Free Zone
A student with a disability may be
excluded from school for up to 10 days
in the same way and for the same
reasons a nondisabled student would
be for an infraction of the school’s code
of conduct.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
78
CLASSIFICATION OF BEHAVIOR
• Violations of school rules
• Drugs/Weapons
• Danger to self or others
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
79
DETERMINATION OF SERVICES
• Removal is by school personnel
• Not a change of placement
• School personnel and at least one
special education teacher required
• IEP Committee
• Change of placement
• More than ten (10) consecutive days
• Series of days constituting a pattern
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
80
Points
School officials may seek to obtain a
court
order:
• To remove a child with a disability
• To change his or her current
educational placement
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
81
Criminal Acts
School officials can report crimes
committed by children with disabilities to
appropriate law enforcement authorities
to the same extent as done for crimes
committed by nondisabled children.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
82
APPEALS
A parent may request a due process
hearing if he/she disagrees with any
decision regarding placement,
manifestation determination, or with an
LEA who believes that maintaining the
current placement is likely to result in
injury to the child or others.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
83
Stay Put
• The student shall remain in IAES pending the hearing
decision or expiration of 45 days if the infraction
involved drugs, weapons or serious bodily injury.
• An expedited hearing shall occur within 20 school
days of the date the hearing is requested.
• A determination shall be made within 10 school days
after the hearing.
• Parents who refused consent for evaluation or
placement have no rights under IDEA discipline
procedures.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
84
Placement During Appeals
When a parent(s) requests a due
process hearing or an appeal regarding
his/her child’s placement in an IAES or
regarding the manifestation
determination made while the child is in
an IAES, the child will remain in the
IAES pending the decision of the
hearing officer or until the expiration of
the forty-five (45) day placement.
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
85
Placement During Appeals
If a child’s placement is in an IAES due
to a violation of the agency’s code of
conduct regarding weapons or drugs or
a hearing officer’s decision and school
personnel propose to change the child’s
placement after the expiration of the
forty-five (45) days, the child must
remain in the current placement (the
child’s placement prior to the IAES) .
2011-2012
Mississippi Department of Education
Office of Instructional Enhancement and Internal Operations/Office of Special Education
86
Placement During Appeals
If agency personnel maintain that it is
dangerous for the child to be in the
current placement during the pendency
of the due process proceedings, the
agency may request an expedited due
process hearing.
2011-2012
Mississippi Department of Education
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Expedited Due Process Hearing
Unless parent and LEA agree in writing to
waive the resolution meeting or agree to
mediation:
• Resolution meeting must occur within
seven days of receiving a request for an
expedited due process hearing.
• Hearing may proceed unless matter has
been resolved to satisfaction of both
parties within 15 days of receipt of request
for hearing.
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Authority of Hearing Officer
Hearing officer hears and makes
determination on parent or LEA appeal
and may:
• Return student to previous placement if the
hearing office determines that the removal
was a violation of disciplinary procedures
or that the child’s behavior was a
manifestation of the child’s disability
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Authority of Hearing Officer
Order change to appropriate IAES for no
more than 45 school days if determined
that maintaining current placement is likely
to result in injury to child/others.
§300.532(b)
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Protections: Not Yet Eligible
Student protected if prior knowledge of
disability exists:
• Parental concern in written form
• Parental referral for evaluation
• School personnel expressed concern about
behavior to special education director or school
administration
Protection does not apply after parent
refuses to consent to an evaluation.
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Protections: Not Yet Eligible
• If an evaluation is requested during
disciplinary period, it is to be conducted
in an expedited manner.
• Stay-put provision can’t be used to
avoid suspension or expulsion.
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Basis of Knowledge
A public agency must be deemed to
have knowledge that a child is a child
with a disability if before the behavior
that precipitated the disciplinary action
occurred--
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Basis of Knowledge
(1) The parent of the child expressed
concern in writing to supervisory or
administrative personnel of the
appropriate educational agency, or a
teacher of the child, that the child is in
need of special education and related
services;
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Basis of Knowledge
(2) The parent of the child requested an
evaluation of the child pursuant to §§300.300
through 300.311; or
(3) The teacher of the child, or other
personnel of the LEA, expressed specific
concerns about a pattern of behavior
demonstrated by the child directly to the
director of special education of the agency or
to other supervisory personnel of the agency.
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Law Enforcement and Courts
• District can request restraining order if it
provides substantial evidence that
student is likely to harm others and
personnel have reasonably attempted to
minimize the risk.
• Crimes can be reported to police.
• Student records can be shared with law
enforcement and courts.
2011-2012
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CASE STUDIES
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CASE STUDY 1
Adam is a 17-year old Autistic student.
He attends all general education
classes and receives counseling
services three days each week to help
him cope with behavioral eruptions.
During break Adam pushed a student
into a locker and was sent home for 10
days. What services, if any, should
Adam receive during his suspension?
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CASE STUDY 2
Angela is 11 years old and has a specific
learning disability. She attends four classes
for students with learning disabilities and
three regular education classes. While in one
of her regular education classes, she and
another student begin to shout back and forth
at each other and the teacher, being unable
to get them to calm down, sends for security.
They were both given three (3) days in ISS.
What data should be considered in
determining if the three (3) days of removal in
ISS counts towards the ten (10) days?
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CASE STUDY 3
John is 8 years old with a severe learning
disability and significant ADHD. John is small
for his age and has reported on several
occasions to his teacher and parent that two
other boys from another class who are both
twice his size push him into lockers and off
the sliding board daily. To date no action has
been taken by the school to look into John
and his mother’s complaint about the two
students. The principal told John’s mother
that these things have a way of working
themselves out and you know, “boys will be
boys”.
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CASE STUDY 3
John brought his mother’s pepper spray
with him to school and when two boys
began pushing and shoving him, he
pepper sprayed both of them. John was
expelled for the year and no punishment
was given to the two boys. John has not
had any disciplinary action during this
school year or in previous school years.
John’s parents requested a due process
hearing. What issues need to be
considered in this case?
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POST-TEST
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Discipline Post-test
T
T
F 1. Special education law prohibits
suspending a child with a disability
for more than 10 school days in a
school year.
F 2. Special education law prohibits
expelling a child with a disability
for conduct which is a
manifestation of the child’s
disability.
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Discipline Post-test
T F 3. An LEA may place a child with a
T
disability in an IAES for up to 45 school
days for misconduct at school
involving weapons or illegal drugs
whether or not the conduct is a
manifestation of the child’s disability.
F 4. An LEA may place a child with a
disability in an IAES for up to 45 school
days for misconduct at school involving
alcohol or tobacco.
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Discipline Pretest
T
T
F 5. It is not necessary to conduct a
manifestation determination
when a child is placed in an
IAES for misconduct at school
involving weapons or illegal
drugs.
F 6. Special education law requires
educational services during any
disciplinary removal.
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Discipline Post-test
T
T
F 7. The IEP Committee decides what
educational services will be provided
during any disciplinary removal.
F 8. School personnel, in consultation
with the child’s special education
teacher, determine the appropriate
IAES for a child whose misconduct at
school involved weapons or illegal drugs.
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Discipline Post-test
T F
9. A hearing officer can place a
child who is dangerous to self or
other in a IAES for up to 45 school
days.
T F 10. School officials can report a
crime committed by a child
with a disability to law
enforcement officials.
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Discipline Post-test
T
F 11. A functional behavioral assessment
(FBA) and behavioral intervention plan
(BIP) are only required for children
with emotional disturbance.
T
F 12.
2011-2012
An FBA and BIP are required
whenever a child with a disability
is removed for disciplinary reasons.
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Discipline Post-test
T F 13. When a child with a disability who
T
has been expelled moves to a new
school district, the new school district
is required to serve the child.
F 14. If a child with a disability is placed
in an IAES for misconduct involving
weapons or illegal drugs and the
parent requests a due process hearing,
the child would return to the
placement he was in prior to the IAES
pending the hearing decision.
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Discipline Post-test
T F 15. The IEP Committee must conduct a
manifestation determination
whenever a disciplinary change
of placement is considered.
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Bullying
A Look at MS Bullying Law
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Did You Know?
According to data from Journal of the
American Medical Association, the
Centers for Disease Control and
Prevention (Surveillance Summaries),
and the Center for Social & Emotional
Education (CSEE):
• Up to 25% of U.S. students are bullied each
year.
• As many as 160,000 may stay home from
school on any given day because they are
afraid of being bullied.
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Did You Know?
• Almost 30 percent of teens in the United
States (or over 5.7 million) are
estimated to be involved in bullying as
either a bully, a target of bullying, or
both.
• 5.4 percent of high school students
(about 864,000 teens) report staying
home at least one day a month because
they fear for their safety.
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Did You Know?
• At least 1 out of 3 teens say they have
been seriously threatened online.
• 60 percent of teens say they have
participated in online bullying.
• 60 percent of children identified as
bullies in middle school go on to have
arrest records.
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Bullying
On April 13, 2010, Governor Haley
Barbour signed into law MS Code
Sections 37-11-67 & 37-11-69 which
address bullying of students and school
employees.
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Bullying
MS Code Sections 37-11-67 and
37-11-69, as sent to the Governor, is an
act to prohibit bullying or harassing
behavior in the public schools; to define
bullying or harassing behavior; to define
hostile environment and to require all
local school districts to adopt a policy
prohibiting bullying and harassing
behavior as required by this act; and for
related purposes.
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MS Code Sections
37-11-67 & 37-11-69
1. As used in this act, “bullying or harassing
behavior” is any pattern of gestures or
written, electronic or verbal
communications, or physical act or any
threatening communication, or any act
reasonably perceived as being motivated by
any actual or perceived differentiating
characteristic, that takes place on school
property, at any school-sponsored function,
or on a school bus, and that:
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MS Code Sections
37-11-67 & 37-11-69 Cont.
(a) places a student or school employee in
actual and reasonable fear of harm to his or
her person or damage to his or her property;
or
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MS Code Sections
37-11-67 & 37-11-69 Cont.
(b) creates or is certain to create a hostile
environment by substantially interfering with
or impairing a student’s educational
performance, opportunities or
benefits..."hostile environment" means that
the victim subjectively views the conduct as
bullying or harassing behavior and the
conduct is objectively severe or pervasive
enough that a reasonable person would
agree that it is bullying or harassing behavior.
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MS Code Sections
37-11-67 & 37-11-69 Cont.
2. No student or school employee shall be
subjected to bullying or harassing behavior
by school employees or students.
3. No person shall engage in any act of reprisal
or retaliation against a victim, witness or a
person with reliable information about an act
of bullying or harassing behavior.
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MS Code Sections
37-11-67 & 37-11-69 Cont.
4.
5.
A school employee who has witnessed or has
reliable information that a student or school
employee has been subject to any act of bullying or
harassing behavior shall report the incident to the
appropriate school official.
A student or volunteer who has witnessed or has
reliable information that a student or school
employee has been subject to any act of bullying or
harassing behavior should report the incident to the
appropriate school official.
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MS Code Sections
37-11-67 & 37-11-69 Cont.
Before December 31, 2010, each local school district
shall include in its personnel policies, discipline
policies and code of student conduct a prohibition
against bullying or harassing behavior and adopt
procedures for reporting, investigating and
addressing such behavior. The policies must
recognize the fundamental right of every student
to take reasonable actions as may be necessary
to defend himself or herself from an attack by
another student who has evidenced menacing or
threatening behavior through bullying or
harassing.
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MS Code Sections
37-11-67 & 37-11-69 Cont.
This act shall take effect and be in force
from and after July 1, 2010.
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Bullying and Harassment
What Is It?
Bullying is when one person hurts or
threatens someone in their peer group.
Anyone can be a bully, and bullying can
be carried out in different ways.
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Bullying and Harassment Can Take
Many Forms
•
•
•
•
•
•
Physical violence
Words and non-verbal behavior
Extortion
Racial bullying
Sexual bullying
Online harassment
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Physical Violence
Pushing, shoving, hitting, tripping and
other acts designed to physically harm
another person.
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Words and Non-verbal
Behavior
Verbal taunts, insults, name-calling,
spreading rumors, taking part in
gossip, put-downs or threatening
someone with looks, notes, or
pictures
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Extortion
• Having to pay for your safety
• Stealing money and or/possessions
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Racial Bullying
Mocking racial traditions, spray painting
racist graffiti, uttering racial slurs and
engaging in other racist behavior.
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Sexual Bullying
Making sexual comments about the
victim or engaging in unwanted sexual
touching.
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Online Harassment
Cyber bullying is harassment and
bullying that takes place online or
through other mobile devices (email,
text messaging, etc.).
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Demographic Characteristics
Children who bully:
• Can come from any economic, cultural,
or religious background.
• Can be in elementary, middle or high
school.
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Personal Attitudes/Behaviors
Children who bully:
• Want power.
• Have a positive attitude toward violence.
• Have quick tempers.
• Have difficulty conforming to rules.
• Gain satisfaction from inflicting injury and
perceive “rewards” (prestige, material goods)
from their behavior.
• Have positive self-images.
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Children Who Bully
• Lack empathy.
• Are concerned with their own desires
rather than those of others.
• Find it difficult to see things from
someone else’s perspective.
• Are willing to use others to get what
they want.
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Common Characteristics Among
Youth Who Are Bullied
These children often stand out as different in
some way because of:
• Appearance
• Sexual orientation
• Intellect
• Socio-economic background
• Cultural or religious background
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Common Characteristics Among
Youth Who Are Bullied
Boys and girls are bullied in different ways:
• Boys are more likely to be bullied physically.
• Girls are more likely to be bullied socially
and emotionally.
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Physical Signs
•
•
•
•
Cuts, bruises, scratches
Headaches, stomachaches
Damaged possessions
“Missing” possessions that need to be
replaced
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Emotional Signs
•
•
•
•
Withdrawal and/or shyness
Anxiety
Depression
Aggression
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Behavioral/Social Signs
• Angry, sad, lonely, or depressed
• Changes in eating or sleeping habits
(e.g., nightmares)
• Afraid to go to school or anxious all the
time
• Hurting self, attempting or threatening
suicide
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Behavioral/Social Signs
• Refusal to come to school
• Changing method of going to school
(e.g., changing walking route, wanting
to be driven instead of riding the bus)
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Bullying Guidelines for Schools:
Develop an Action Plan
The following stages are recommended:
•
•
•
•
•
Gather information
Raise awareness
Develop policy
Implement interventions
Evaluate plan
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Gather Information
• Find out what other similar schools have
used.
• Survey staff to find out what existing
programs or initiatives in the school
complement an anti-bullying approach.
• What approach would best fit the current
culture of the school?
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Gather Information
• Develop some baseline data that will
give some quantitative information on
levels of bullying.
• Investigate perceptions staff, pupils and
parents have on bullying.
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Raise Awareness
• Develop a common understanding of what
bullying is---expressing this in policy is key to
reducing bullying.
• Parents and students need the opportunity to
develop a sound understanding of the issues
surrounding bullying.
• Schedule parent/caregiver meetings that
allow everyone to look at the issues and to
develop an understanding of the nature of the
behavior(s) and the consequences.
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Raise Awareness
• Parents and students need to receive
professional advice as to what they should do
when they encounter bullying behavior
(information pamphlets).
• Establish confidence that there are strategies
to help victims and bullies.
• Develop support structures that will help
parents and students see that the district
takes this issue seriously.
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Develop Policy
• Develop policy that makes it explicit that the
district rejects all bullying behaviors.
• State clearly why the district has this policy
and how it is part of the district’s ethic.
• State that the district actively seeks to provide
a safe supportive learning environment that is
free from all forms of intimidation and
harassment.
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Develop Policy
• District’s definition of bullying---this is a key
ingredient of a successful anti-bullying
approach. A shared, mutually-agreed upon
definition of the targeted behavior is essential
if the whole school community is to support
the policy.
• Involve parents in developing a definition and
a school policy on bullying.
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Develop Policy
• Having a positive dialogue with parents and
giving them the opportunity to be involved in
the development of a school policy will enable
them to better help children alleviate the
problem.
• Clarify what parents and the school can do
about bullying.
• Establish parent-school communication
guidelines about bullying.
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Develop Policy
• Develop a system to detect and to reduce
bullying behavior.
• Indentify how students in your schools
become aware of the impact of bullying
behavior.
• Outline the expectations on staff in detecting
and dealing with cases of bullying. The
safety of students is the prime responsibility
of administrative and teaching staff.
Administrative and teaching staff need to be
aware of the importance of setting high
personal standards.
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Develop Policy
• Articulate clear statements of what staff are to
do when they suspect bullying. This would
include referral procedures and mechanisms
to ensure that all staff are aware of the
school’s policy and expectations.
• Staff need to be encouraged to actively adopt
an anti-bullying attitude in their teaching.
• The policy needs to give a clear indication of
the way the inevitable cases of bullying will
be addressed.
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Develop Policy
• Address what happens to students who
persistently bully.
• Address how victims of bullying will be
supported.
• Address procedures for students and/or
parents to report cases of bullying.
• Address procedures for when and who will
inform parents of students involved in
bullying.
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Implement Interventions
Curriculum interventions and classroom programs
should include themes that develop and reinforce the
following:
• Share the problem; telling others - friends, parents &
teachers - is an essential step.
• Integrate an anti-bullying component into the existing
curriculum areas.
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Implement Interventions
• Introduce a series of discrete anti-bullying
modules.
• Anti-bullying modules become part of the
health curriculum.
• Easy points of contact for students need to be
established.
• Anti-bullying awareness days are held.
• Everyone needs to share responsibility to
help stop bullying behavior.
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Evaluate
There are several indicators that will show
the initiative has been successful:
1. An increase in ‘telling’. Students
will have confidence that adults can
help change bullying behavior, and
that they don’t have to put up with
it.
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Evaluate
2. A marked reduction in observable
aggressive incidents in classrooms
and playgrounds
3. Greater teacher consistency in
dealing with bullying incidents
4. Reductions in other aggressive
behavior such as petty thieving
and teasing
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Maintaining An Anti-Bullying
Initiative
• Even the most successful initiative loses its
edge over time. It is important that the issue
of maintaining a safe environment be
carefully linked to the district’s policies and
procedures and remains a high priority each
year.
• Awareness raising exercises need to be
planned for each year, with new intakes of
students receiving special consideration.
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Maintaining An Anti-Bullying
Initiative
• Sessions on the bullying policy must be an
essential component of new teacher induction
and should be reviewed at a full staff meeting
each year.
• Include anti-bullying on the school’s website
and in its newsletter. Update the school
website or newsletter every month with new
information or tips on how to prevent bullying.
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Maintaining An Anti-Bullying
Initiative
• Establish a district hotline number for
both parents and students to access
information and support.
• Design an anti-bullying campaign for
parents and students and provide plenty
of handouts and materials that they can
use for future reference.
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Maintaining An Anti-Bullying
Initiative
• Use school surveys and other more
subjective methods to test the
effectiveness of the program on an
annual basis. Accurate record-keeping
will also provide the opportunity to
review procedures and to help target
the hot spots around the school.
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Action Against Bullying: 10 Key
Steps
1. Involve all members of the school
community.
2. Clarify exactly what bullying is; build your
definition.
3. Gain agreement that it is an unacceptable
behavior.
4. Develop clear guidelines on individual
responsibility.
5. Expect consistent responses to all known
cases.
2011-2012
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Action Against Bullying: 10 Key
Steps
6. Identify/monitor areas/times students
identify as being unsafe.
7. Support victims of bullying.
8. Change bullying behaviors.
9. Help bully victims develop appropriate
behaviors.
10. Maintain a safe school; it is everyone’s
responsibility.
2011-2012
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Poem
I shall remember forever and will never forget
Monday: My money taken
Tuesday: Names called
Wednesday: My uniform torn
Thursday: My body pouring with blood
Friday: It’s ended
Saturday: Freedom
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QUESTIONS
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CONTACT
Annie Margaret Harris
marobinson@mde.k12.ms.us
DESMA MCELVEEN
dmcelveen@mde.k12.ms.us
Tanya Bradley
tbradley@mde.k12.ms.us
Office of Special Education
Division of Technical Assistance
(601) 359-3498
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