Disciplinary Process for Students with Disabilities

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Disciplinary Process for Students with
Disabilities

• Tulsa Public Schools
• Department of Special Education and Student
  Services
• Presenters Andrea Kunkel and Cheryl Henry
• August 26, 2008

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What is the DRC?

• The DRC is the District Review Committee.
• Overall operating procedures

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What types of discipline must DRC review?

• more than ten consecutive school days suspension
• disciplinary removal that would constitute a
  change of placement for a disabled student
• student assignment to the Tulsa Academic Center
  (TAC) or New Vision Academy

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When does a disciplinary removal constitute a
change of placement?

• A change of placement occurs if
•    (a) the disciplinary removal is for more than
  10 consecutive school days or
•    (b) the child has been subject to a series of
  disciplinary removals that exceed 10 school days
  over the course of the school year.

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• District personnel must keep current and accurate
  records of the number of disciplinary removal
  days for each child with a disability.

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When does in-school intervention constitute a
change of placement?

• A long-term assignment to ISI (more than 10
  consecutive school days) or a short-term
  assignment to ISI (the last of a series of such
  assignments that totals more than 10 cumulative
  days over the entire school year) is a change of
  placement if

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When does in-school intervention constitute a
change of placement?

• A. The child is not afforded the opportunity to
  continue to appropriately progress in the general
  curriculum while in ISI.
• B. The child does not continue to receive the
  services specified on his/her IEP/Section 504
  Plan while in ISI or
• C. The child does not continue to participate
  with nondisabled children to the extent he/she
  would have in his/her current placement while in
  ISI.

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According to TPS Policy

• A short-term out-of-school suspension is a
  change of placement when the last of a series of
  short term suspensions totals more than 10
  cumulative days over the entire school year.

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• A long-term out-of-school suspension (more than
  10 consecutive school days) is a change of
  placement.

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• A recommendation for assignment to the Tulsa
  Academic Center (TAC) or New Vision Academy is a
  change of placement!

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• School Administrator recommends discipline that
  would constitute a change of placement.
• That day, District personnel send/give parent a
  copy of Parents Rights in Special Education or
  Section 504 Rights and follow the District Review
  Committee (DRC) process.

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Special Education Department Chair
Responsibilities

• The administrator notifies immediately the
  department chair of the recommended change of
  placement.
• The department chair immediately notifies the
  area special education coordinator and the roster
  teacher.
• They will work together to schedule a mutually
  agreed upon IEP/504 team meeting date within 10
  school days of the date the administrator
  recommended the change of placement.

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Special Education Department Chair
Responsibilities (cont.)

• The DRC is expected to meet before the IEP/504
  team meets.
• The area special education coordinator will
  attend every IEP/504 meeting at which the team is
  discussing a proposed disciplinary change of
  placement.

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Special Education Department Chair
Responsibilities (cont.)

• Special Education Department Chair notifies
  clearinghouse of IEP/504 meeting date, when known
• Special Education Department Chair and Roster
  teacher need to compile copies of student
  MEEGS/REDS, evaluation, and IEP/504 Plan to send
  to DRC

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Special Education Department Chair
Responsibilities (cont.)

• While awaiting IEP/504 team meeting student will
  be assigned to ISI
• Under limited circumstances student may be
  immediately suspended out of school for 10 school
  days or less
• The students IEP/504 Plan must be implemented
  while in ISI

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Special Education Department Chair
Responsibilities (cont.)

• Special Education Department Chair will
  immediately notify ISI instructor, special
  education roster teacher, and other relevant
  staff members of student assignment to ISI

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Special Education Department Chair
Responsibilities (cont.)

• Special Education Department Chair and roster
  teacher work together to make sure the students
  IEP/504 Plan is implemented in ISI.
• All problems should be reported to the building
  principal and the area special education
  coordinator.

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• District personnel must give parent at least 48
  hours notice of IEP/504 meeting and send/give
  parent a Notification of Meeting form.
• The District may schedule the meeting with less
  notice only at parent request.

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• At IEP/504 meeting, the team will conduct the
  Manifestation Determination (MD).

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• If team determines that conduct is a
  manifestation of disability then disciplinary
  removal is not implemented. Student remains in
  current educational placement unless parent and
  school agree otherwise.

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• If team determines that conduct is not a
  manifestation of disability, then the
  disciplinary removal can be implemented as long
  as the District continues to provide the student
  a free appropriate public education (FAPE).

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• Team will place students at TAC and New Vision
  Academy only if parent agrees with the placement
  and the student can receive FAPE in that setting.
• Team will make sure that any changes to the
  IEP/504 plan serve the students unique
  educational needs.

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• IEP/504 team will review students Functional
  Behavior Assessment (FBA).
• If the student does not have an FBA, the team
  will develop a plan to complete an FBA and seek
  parent consent for the FBA.
• Team will meet again to review the completed FBA
  and develop a behavior intervention plan (BIP).

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• If the FBA requires an update in light of the
  students most recent conduct, then the team will
  plan the additional assessment needed and seek
  parental consent.
• Team will meet again to review the completed FBA
  and update the students BIP.

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• Every BIP must be based upon a FBA.
• The IEP/504 team must also review the students
  BIP.
• If the BIP needs to be updated, then the team
  will revise the BIP based upon the results of the
  new FBA.

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• The IEP Review or 504 documentation developed at
  the meeting will address all proposed and refused
  action, the reasons for the proposals and
  refusals, options considered and determined not
  appropriate, the bases upon which the team made
  its decisions and other relevant information.

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• If parent agrees with MD and change of
  placement, School District will implement the
  change of placement on the schedule determined
  by the team.
• If parent disagrees with MD and/or change of
  placement, student will remain in the current
  educational placement for 10 calendar days from
  parents receipt of Written Notice to Parents
  Form.

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• If parent files a due process hearing complaint
  during the 10 calendar day waiting period, the
  student remains in the then-current educational
  placement while due process proceedings are
  underway.
• If parent does not file a due process hearing
  complaint during the 10 calendar day waiting
  period, the recommendation is implemented on day
  11.

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• The area special education coordinator is
  responsible for completing any Written Notice to
  Parents Form required.

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• If student is not progressing as expected at any
  time, convene IEP/504 meeting to review.

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• Convene an IEP/504 meeting to help transition
  student back to home school or to discuss any
  additional changes to programming or placement.

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QUESTIONS ?