Discipline of Students with IEPs

1
Discipline of Students with IEPs

• Making Sense out of a Complex Topic

2
Lots of Confusion

• Can I/Cant I Suspend?
• For How Long?
• What about an MDR? Do I need one?
• What else do I need to do?
• What about In-School Suspensions?
• When do I need to do a FBA?

3
What the heck do I do now?
BIP?
MDR?
10 Days?
Pattern of Removal?
FBA?
Do I have to let him return to class?
4
This document is available online at Michigan
Department of Education website. Its great
information, but may need more explanation.
http//www.michigan.gov/mde/0,1607,7-140-6530_659
8_36168-226602--,00.html
5
First, some terms you need to be aware of . . .
6
Term
Change of Placement

• Removal for more than 10 consecutive days, or
• 2. A series of removals that constitute a
  pattern.

7
Term
Pattern of Removal

• A series of totaling more than 10 days in a
  school year.
• A recurrence of similar behaviors that result
  in discipline.
• Additional factors such as length of removal,
  total time removed, and proximity of removals to
  each other.

8
Removal happens when . . .
Term

• A student is removed from instruction for
  disciplinary reasons.
• He/She doesnt have the opportunity to
  participate in the general education curriculum.
• He/She doesnt receive IEP services.
• He/She doesnt participate with non-disabled
  student as in current placement.

9
Term
A Day of Removal is . . .

• Any portion or part of a day
• A full day
• Anytime you ask or convince the parent to take or
  keep the student home.

10
What about Behavior Plans?

• Removal as part of a BIP thats included in the
  IEP doesnt count in total.
• Removal as part of a BIP thats not included in
  the IEP does count in total.
• Our advice Even with the info above, dont
  include BIPs in IEPs.

11
Other Issues

• District imposed conditions count as days of
  removal
• Parent removals do not count. Do not encourage
  parent removal!
• If a student misses school due to a
  transportation suspension it counts as a day of
  removal if special transportation is in IEP.

12
In-School Suspension
Term

• Staffed by a Teacher
• Teacher must be with student(s)
• Participate in the general curriculum
• Opportunity for work on goals/objectives and IEP
  services provided

Check MDEs Utilization of Noncertified
Personnel in Elementary and Secondary Schools,
March 2006
13
Past Practice

• MDRs done at 10 /- days of suspension
• No consideration of Pattern of Removal

14
Time to rethink the process

• Consideration of a Pattern of Removal is
  foremost!
• Unnecessary MDRs can be avoided.
• MDRs do NOT need to be done prior to the 11th day
  of removal!

15
Remember this slide???
Term
Change of Placement

• Removal for more than 10 consecutive days, or
• 2. A series of removals that constitute a
  pattern.

16
Key Point!
The defining issue in discipline for a student
with a disability is the concept of change of
placement because of disciplinary removals.
Discipline Procedures, November 2009, MDE
17
And the only time theres a Change of Placement
is when . . .

• The removal is for more than 10 consecutive
  days, or
• The student has been subjected to a series of
  removals that constitute a pattern.

18
Lets take the second one . . .

• This situation is the most typical.
• Well come back to the SERIOUS suspension of more
  than 10 consecutive days later.
• Heres the basics

19
Considering a Pattern

• There is a Pattern if
• The student has been suspended more than 10
  cumulative days in a school year.
• The behavior was substantially similar.
• Additional factors are considered such as length
  of each removal, total time removed, and the
  proximity of the removals.

20
Who determines if theres a pattern?
YOU!!! (And a Special Education Team member)
21
Why consider a Pattern?

• To determine if theres a Change of Placement.
• To avoid unnecessary Manifestation Determination
  Reviews.
• To be able to make school based decisions about
  providing a FAPE rather than at an MDR.

Free and Appropriate Public Education
22
To consider a Pattern, you must . . .

• Involve a Special Education Team member
• Document the consideration
• Consider behavioral similarities
• Include in the consideration the additional
  factors length, total time, and proximity

23
This worksheet is available on the MDE website.
We may consider making one unique to the MOISD or
for each district. Keep in mind, if you dont
document, it didnt happen! File the worksheet
in the students file and another in the office.
24
If there IS a Pattern . . .

• A Change of Placement has occurred
• Send Procedural Safeguards with your suspension
  letter on the date the decision was made to make
  a Change of Placement.
• (11 or more cumulative days of suspension)
• A Change of Placement requires an MDR
• Hold the MDR within 10 school days of the
  decision to make a Change of Placement.

25
And a FAPE must be provided!

• When On the 11th day of removal and beyond.
• What Services to allow a) participation in
  general curriculum b) progress on goals and
  objectives.
• Key It must be individualized!!!

Free and Appropriate Public Education
26
Explain please!

• Initial FAPE could be provision of homework or
  assignments (Guidance is 1-3 days)
• Beyond that, provide teacher off-site or after
  school hours.
• Also, arrange for any ancillary services that are
  in IEP

27
And, dont forget . . .

• Document what was provided.
• Keep a copy in the students file and in the
  office.
• If the student doesnt show up, keep
  documentation of offer to provide a FAPE

28
What if there wasnt a pattern?

• Provide a FAPE on the 11th day of removal and
  beyond.
• What Services to allow a) participation in the
  general curriculum b) progress on goals and
  objectives
• Arrange ancillary services
• Big difference No MDR required!

29
More serious behaviors

• A change of placement occurs if theres
  suspension BEYOND 10 CONSECUTIVE DAYS.
• Provide a FAPE on the 11th day of the suspension.
• You must do an MDR . . . Dont rush! Do it
  within 10 school days of the decision.

30
Even MORE serious. . . (The BIG Three)

• Weapons- as defined by federal law
• Drugs-again, as defined in federal law
• Serious Bodily Injury-strict definition
• Substantial risk of death
• Extreme physical pain
• Disfigurement
• Loss/Impairment of body member

31
The Big Three . . .What to do?

• Determine if district wants to invoke 45 school
  days IAES. If yes . . .
• Provide Procedural Safeguards.
• Convene IEP to determine where/what IAES will be.
• Conduct MDR within 10 school days.
• Consider legal counsel.

Interim Alternative Educational Setting
32
Bomb Threats?

• Not mentioned in federal regulations.
• Deal with as per district discipline procedures
• Provide a FAPE beginning on the 11th day

33
Another issue Prior Knowledge

• Tricky situation
• Parent concern in writing or parent request for
  evaluation prior to incident
• Verbal parent concern that can be corroborated
• Teacher/other personnel have expressed concern to
  administrator

34
Prior Knowledge . . . Now what?

• If yes, initiate an evaluation.
• Either allow student to return, OR provide a FAPE
  on the 11th day of suspension until evaluation
  is completed.
• Refer to MDE Discipline Procedures document for
  more information.

35
Scenarios
The MDE Discipline Procedures document provides
several scenarios in a chart format like this
example that may be helpful.
Contact the ISD for assistance in understanding
these.
36
So, relax, put your feet up and call if you need
help!
Have a great day---hope this was helpful!