Special Education Compliance and Discipline
Documentation
Human Resources Management
Educational Impact Assignments
by
Dave Winogron
856-802-9234 (home)
609-656-4900 Ext. 5665 (work)
EDD 8434 – 25594 – OL3
School Law – Dr. Robert J. Safransky
Nova Southeastern University
November 10, 2007
2
Dave Winogron
has successfully completed
Web of Support - The Administrator's Primer
I. Administrator's Primer
A. Special Education Compliance & Discipline
11/03/07
Video hours 1:45:00
Completion time* 2:27:00
*The estimated completion time for each program is approximately 140% of
the video hours. This includes viewing the video content and handouts, as
well as, the completion of the assessment and other on-line activities.
3
Summary of video: Special Education Compliance and Discipline
The video presentation conducted by Texas attorney Jim Walsh, Esq. covered special
education compliance issues in conjunction with student discipline. These compliance issues are
of concern for school principals in order to abide by legal mandates for providing special needs
students with a free, appropriate public education (FAPE) as indicated by their Individualized
Educational Plan (IEP). Ten topics regarding special education students were discussed during
the video.
Walsh refers to what he calls the FAPE Free Zone. Special education students who
require discipline may be excluded from school for up to a cumulative total of 10 days each
school year, denying required services for that time or portion of time. While the law requires
that students are entitled to FAPE, exclusion from school during the under 10 day total does not
require a manifestation determination, behavioral improvement plan, or IEP meeting. Exclusion
of special education students for less than 10 cumulative days does not constitute a change in
placement. The next issue of concern is what days count toward the 10 cumulative days. All days
of suspension count toward the cumulative days if any IEP required services are withheld from
the student. In-school suspension days do not count if IEP services are sustained. Additionally,
suspension for a portion of a day, while not addressed in the law, probably should be counted
toward the 10 day limit.
Students must also be given a behavioral improvement plan (BIP) when accumulated
days without IEP services acrue beyond 11 or more days during any school year. Furthermore, a
BIP must also be considered if the behavior of the child impedes their learning or the learning of
others. According to regulations the child’s BIP should concentrate on providing appropriate
strategies to promote and support the child’s positive behaviors. Additionally, any subsequent
disciplinary action required should not be specifically prohibited by the BIP.
Another topic discussed is that of the manifestation determination. The school is required
to conduct a manifestation determination when a change of placement to an interim alternative
placement for the student is considered. Triggering events are student possession of drugs or
weapons, dangerous behavior, or any other behaviors that would necessitate the removal of a
non-disabled child. The manifestation determination meeting would be held by the IEP
committee and should take place without delay no later than 10 days following the date of
placement change. All factors leading up to the incident as well as evaluations, observations, and
the child’s IEP should be considered regarding this placement change. Behaviors inherent in the
child’s disability may not be grounds for alternative placement.
Student eligibility for special education services are determined by the IEP committee.
Requirements are met when the child needs services to gain access or benefit from modified
instruction or content. Specific disabilities covered by the law include children who are mentally
retarded; hearing, speech, or visually impaired; learning disabled; emotionally disturbed;
orthopedically or other health impaired; autistic; and traumatic brain injured.
The next topic discussed was that of the dangerous student. If the student exhibits
behavior dangerous enough to consider a change of placement the school may pursue an
alternative placement. The school may first seek a change of placement agreement with the
parents. Secondly, if the misbehavior concerns a drug or weapon offense an interim alternative
placement for 45 days is allowed. Next, if parent agreement cannot be reached then the school
may seek an expedited hearing for a 45 day interim placement. Furthermore, an inappropriate or
unimplemented IEP requires placement remediation. If the behaviors in question relate to the
4
student not understanding or being unable to control the inappropriate behaviors the school
might also propose a change in IEP to one better able to meet those behavioral needs.
Dealing with drugs and weapons was thoroughly discussed. Interim alternative
placements (IAP) may be ordered by the school for up to 45 calendar days in the case of drug or
weapons violations. However, students placed in an IAP must receive IEP mandated services, as
well as any additional services to prevent the reassurance of the behavior violation. Additionally
the IEP committee must meet within 10 days to conduct a manifestation determination and also
develop a BIP for the student. Special education students may be disciplined just as regular
education students except where a determination that the misconduct of the child is a result of the
disability.
Principal responsibility extends to managing the implementation of the child’s IEP. The
school principal has the overall charge of insuring compliance of special education requirements
of a free, appropriate public education. Suitable teacher supervision is inherent in assuring such
compliance with all IEP requirements. Employee accountability through evaluation systems can
be utilized to align teacher and other employee compliance with IEP requirements.
Another area of principal concern pertains to handling conflict within the IEP
development process. The parent is a crucial part of the IEP committee. Moreover, the IEP
process hinges on consensus of the school, parent, and child if over the age of majority. If
agreement cannot be attained, the parents or adult child shall be granted a recess of up to 10 days
except in the place of a student with demonstrated dangerous behavior. A date and time to
reconvene the IEP committee should be agreed prior to recess. First time placements, however,
cannot take place without parental consent or further action by the school. The recess period
should be used to gather further data and seek alternatives to enable consensus. If the IEP
committee still cannot reach consensus when reconvened the district may impose an appropriate
IEP. Parents shall have the right to appeal, request mediation, or due process hearing.
Finally, special education is highly legislated and subjugated by innumerable procedures;
we are reminded to not forget “the big picture.” Special education laws are meant to assure that
every disabled child receives appropriate services to meet their particular educational needs.
5
Reaction to the video:
1. Did the video present new information which you will be able to use in your job?
Remembering that the special needs student is entitled by law to a free, appropriate
public education is perhaps a daunting task when faced with the multitude of special
education laws, regulations, and procedures. Anyone interacting with special needs students
should know the hows and whys of special education. Discipline in particular can be a thorny
issue when involving special education students. With the current trend of inclusion or
mainstreaming of students with special needs, regular education teachers are now very much
in need of information regarding IEPs, BIPs, and discipline of students covered by IDEA
law.
2. Should the video be seen by anyone who is either a school administrator or aspiring to be
an administrator?
School administrators or those aspiring to be an administrator must be knowledgeable
of laws, regulations and policies regarding special education. The law clearly states that all
children are entitled to an education, including those with special needs. This video provides
an apt overview for all educational employees.
3. Will you recommend this video for others to see? If yes, why? If no, why?
This video presentation contains much valuable information about compliance with
special education laws and procedures. However, I would be reluctant to recommend this
video due to mediocre production values and little visual interest. The material should
have been produced with more attention given to pacing and sustaining viewer interest.
In addition, some acronyms used within the presentation were not adequately defined.
6
Documentation
Educational Impact Assignment
by
Dave Winogron
856-802-9234 (home)
609-656-4900 Ext. 5665 (work)
EDD 8434 – 25594 – OL3
School Law – Dr. Robert J. Safransky
Nova Southeastern University
November 11, 2007
7
Dave Winogron
has successfully completed
Web of Support - The Administrator's Primer
I. Administrator's Primer
H. Documentation
11/05/07
Video hours 0:45:00
Completion time* 1:2:00
*The estimated completion time for each program is approximately 140% of the video
hours. This includes viewing the video content and handouts, as well as, the completion of
the assessment and other on-line activities.
8
Summary of video: Documentation
The video presentation by Texas attorney John A. Aldridge, Esq. focused on
documentation requirements faced by principals and other administrators. As noted in the
presentation, principals should document all personnel decisions and directives in written form to
provide credible evidence for any future claims or actions against or brought forward by contract
and at-will employees. Equal Employment Opportunity Commission (EEOC) and state
investigations in particular may require documentation to justify personnel actions.
Maintaining documentation regarding interactions or observations of teachers and other
employees provides undeniable proof that events or subsequent discussion transpired.
Furthermore, employee contracts often require notification of deficiencies prior to subsequent
action; memos written to employees can meet contractual requirements. Documentation can also
provide the administrator a sequential picture or progression of events for looking at long term
issues such as attendance or lateness patterns. Additionally, providing documentation to
employees focuses their attention to your observation or concern and helps minimize
misunderstandings often associated with verbal communication.
Aldridge speaks of three primary forms of documentation: notes, specific incident
memos, and summary conference memos. Informal notes should be kept by the administrator to
aid him/her in remembering events and provide an initial source of accumulated information for
patterns or issues to be addressed formally with the employee. Additionally they can be an
informal record of directives and can show the employee your interest and concern. Specific
incident memos provide an up-to-date record of an administrative directive or concern. Memos
should be written in non-confrontational, concise language and delivered personally to the
employee in a timely fashion. To confirm delivery a receipt date and signature area should be
added to the bottom of such memos to reduce deniability. According to Aldridge email is not a
good way to assure document delivery. Summary conference memos written following an inperson conference help to document the proceedings of that employee meeting. They should be
written in clear, concise language just as any professional correspondence with employees. Facts
should be stated succinctly and without anger or emotion.
Memos should not contain a transcript of the meeting, but rather should state the main
points covered during the meeting. Memo length may be kept to one page whenever feasible. If
at all possible have someone else proofread the memo to give an objective opinion as to factual
correctness, grammar, spelling, and writing tone. Of utmost importance is presenting a clear
record of the progression of events and actions required by those events.
Many district or state employee evaluation systems rely on observation forms as a
primary tool. Employee evaluation, growth, and improvement can benefit greatly from additional
formal documentation such as incident and summary conference memos. Further, documentation
affords clarity of directives and minimizes misunderstandings inherent in some verbal
communication. Written communication can provide a fair appraisal from the administrator’s
point of view.
Effective documentation is essential; accuracy, professionalism, tone, and timeliness are
necessary elements for effective written communication. Given the litigious nature of negative
personnel action sometimes required in the interest of the students, effective documentation
provides the justification required for responding to such actions. Additionally it establishes a
necessary paper trail required by school boards and attorneys to validate and support legal
challenges to personnel decisions.
9
Reaction to the video:
1. Did the video present new information which you will be able to use in your job?
The overwhelming importance of creating documentation for observing and interacting
with teachers and other employees was certainly reinforced through this video. While much
of this seems to be good business practice or common sense, the reminder to document key
interactions and directives with employees would serve any principal or supervisor well.
Given the litigious nature of educational employment, as well as our society in general,
maintaining proper documentation will certainly be put to good use in my current and future
employment.
2. Should the video be seen by anyone who is either a school administrator or aspiring to be
an administrator?
While the content is pertinent and usable for current and aspiring administrators, the
presentation was extremely boring. My vantage point as a producer of media leads to a
personal intolerance of presentations lacking sufficient pizzazz to capture my attention. Use
of a “talking head” presentation could be made much more interesting with the incorporation
of graphic elements to sustain interest. Even though a topic outline was provided at the right
of the screen, there would have been greater attention and better impact with a more
thoughtful treatment.
3. Will you recommend this video for others to see? If yes, why? If no, why?
I would be reluctant to recommend this video because of the mediocre production
values. Learner attention could be lost with the apparent lack of visual interest contained
within the presentation.
10
Human Resources Management
Educational Impact Assignment
by
Dave Winogron
856-802-9234 (home)
609-656-4900 Ext. 5665 (work)
EDD 8434 – 25594 – OL3
School Law – Dr. Robert J. Safransky
Nova Southeastern University
November 10, 2007
11
Dave Winogron
has successfully completed
Web of Support - The Administrator's Primer
I. Administrator's Primer
I. Human Resources Management
11/07/07
Video hours 0:45:00
Completion time* 1:2:00
*The estimated completion time for each program is approximately 140% of
the video hours. This includes viewing the video content and handouts, as
well as, the completion of the assessment and other on-line activities.
12
Summary of video: Human Resources Management
This video encompassed the area of human resources management of schools. According
to Dr. Carrol A. Thomas, Superintendent of the Beaumont Independent School District, human
resources is the most significant component of successful schools. While research based
programs, materials, up-to-date facilities and technology are important to school success, the key
element is acquiring competent teachers.
Teacher recruitment has become particularly difficult due to low salaries and attractive
opportunities in other segments of employment. It is essential for school success that principals
maximize staff potential through better staff assessment and development. Interview techniques
were briefly discussed including what questions may or may not be asked from a legal
viewpoint. Interview questions should be planned in advance. Inquiries of a personal or private
nature are inappropriate; suitable questions might include those about prior experience,
perceptions of job requirements, or how the individual might handle a disruptive child.
The renewed focus on student achievement and accountability has changed the
principal’s role from being not just a manager but also being an effective facilitator and school
leader. Important tasks now center on providing staff development based on needs evidenced by
student performance and observation of classroom management strategies. To that end principals
must be aware of current research including brain research and strategies to monitor
achievement. Teacher appraisal systems such as the Professional Development Appraisal System
used in Texas provide an organized and professional method to evaluate teachers and then
develop an appropriate intervention strategy. Timelines for this formal evaluation process must
offer a fair procedure for those evaluated including employee rebuttal and opportunity for reevaluation. At-will and non-certified employees were also discussed with regard to their rights
under law as well federal requirements of minimum wage and overtime entitlements.
Utilizing current technologies were mentioned as imperative for principals. Not only
should principals encourage teacher to use computers and presentation technology, but they also
should demonstrate proficiency by using email for communication with teachers, create
databases, and use technology when giving presentations. Providing support and showcasing
those teachers who use technology will also lead to greater integration of technology by others.
The next topic discussed was the Texas Association of School Board Policy; similar
counterparts are found in other states as well. Sections include business and support services,
personnel, instruction, students, and the community. Each section addresses policies and acts as a
procedural guide for principals and other administrators to delineate the appropriate and legal
methods to administer school business. Careful and appropriate handling of student activities
funds was highlighted as an important area of concern. Copyright laws and student credit
recovery through credit by examination procedures were also topics of attention by principals.
Principals must be knowledgeable of federal, state, and local statutes as well as
administrative codes and recent legal ruling pertaining to education. Texas teacher entitlements
to daily preparation periods and a duty free lunch were discussed along with staff development,
discipline, and attendance policies. Lastly, principals must follow policies and procedures to
afford a legal school environment for success.
13
Reaction to the video:
4. Did the video present new information which you will be able to use in your job?
The importance of human resources management is accurately presented as the most
influential element of school success. The video provided insight of correct interview
procedures and the dual role of principals as managers and as educational leaders.
Administrative focus on student achievement to guide professional development seems to
draw attention to the improvement of teaching and learning, just as pilot testing products or
gauging audience reaction is used to modify and improve commercial products. This change
in focus may lead to more child-centered learning.
5. Should the video be seen by anyone who is either a school administrator or aspiring to be
an administrator?
Current and aspiring administrators should view this video. Teachers provide the
frontline services required by schools. Recruiting and retaining highly talented teachers and
other support personnel should be a primary concern for everyone in educational leadership.
Professional development has become essential to maintaining a high level of performance
and accountability. Principals having a broad overview of legal areas of concern are crucial
to a well-managed school.
6. Will you recommend this video for others to see? If yes, why? If no, why?
Of the three videos watched to date, this video would be recommended with some
reservation. As with the other presentations, the lack of visual interest contained within the
video could lead to viewer inattention; however, the interview format helped maintain viewer
attention. Information about Texas Association of School Board Policy is similar to many
other state policies and provided a general background for the types of policies found in
public education.