DISCIPLINE OF STUDENTS WITH DISABILITIES

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DISCIPLINE OF STUDENTSWITH DISABILITIES

• Presented by
• Donald Griffin
• Education Specialist
• Division of Performance and Accountability
• Bureau of Indian Education

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Sponge or Sieve?
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Discipline Procedures
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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.

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Students with Disabilities are Treated Differently

• Lets look at
• 10 Day Rule
• FAPE Free Zone
• On the 11th Day
• Special Protections and Procedures

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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.

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Authority of School Personnel
What happens if the Student violates a code of
student conduct again?
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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

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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 students behavior is substantially
  similar
• to the students 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.

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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.

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No, thats only 10 school days total.

• Does that constitute a pattern of removals that
  amount to a change of placement for Samantha?

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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.

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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.

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Authority of School Personnel
New Authority in IDEA
Case-by-Case
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)
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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 students teachers to determine needed
  services
• School Principal reviews suspension to determine
  if pattern of exclusion exist

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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

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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 students disability
• IEP and program appropriate at time of the
  behavior
• All services and supports in IEP were provided
• Students disability impaired his/her ability to
  understand impact and consequences of the
  behavior or the ability to control the behavior.

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Manifestation Determination
New Standards in IDEA
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Manifestation Determination
If Yes--
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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)
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Interim Alternative Educational Setting
Special Circumstances (Removal for Weapons
Drugs)
34 CFR 300.530, 300.531, 300.535
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Interim Alternative Educational Setting
Special Circumstances (Removal to Prevent Injury)
34 CFR 300.530
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Expulsion

• SWD can be expelled when
• Behavior not manifestation of
• students 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)

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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!
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Students Placement During Appeals
Here Or there?
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Roundup Time!