discipline procedures for students with disabilities

DISCIPLINE PROCEDURES FOR STUDENTS WITH DISABILITIES

What is FAPE?

A free appropriate public education (FAPE) is available to all children with disabilities residing in the State between the ages of 3 and 21 (Michigan is 26), inclusive, including children with disabilities who have been suspended or expelled from school.

10 DAYS OR LESS PER YEAR

Children with

disabilities can be

removed from school

for up to 10 cumulative

schools days in a school

year, before the special

education “discipline

requirements” apply.

After 10 cumulative

school days, services

must be provided to

allow the student to

continue to advance in

the general education

curriculum and to

progress toward meeting

IEP goals. (FAPE)

11 DAYS OR MORE

Disciplinary Removals

A single suspension exceeding 10 consecutive school days or a series of suspensions that form a pattern of exclusion, constitute a change in educational placement.

Change of Placement

A change of placement is determined on a case-by-case basis by school personnel

If there is a change of placement -- On the date in which the

decision is made, parents must be notified of the decision and provided with procedural safeguards.

Services are determined by the child’s IEP team.

A manifestation determination is required.

Change of Placement

Short – term suspension:

Removal for 10 school days or less

Series or pattern: Removals for conduct that involves the same or similar behavior and that may represent a manifestation of the student’s disability

Long – term or change of placement:

Removal for more than 10 days at a time or cumulative removals of more than 10 days in a school year.

Student Discipline under IDEA ‘04

• If the student’s behavior impedes his/her learning or

the learning of others, the IEP team must consider the

use of positive behavioral interventions and supports

to address the behavior.

• http://www.pbis.org/

• http://www.michigan.gov/documents/mde/Schoolwide

PBS_264634_7.pdf

Behavior

http://www.pbis.org/

http://www.michigan.gov/documents/mde/SchoolwidePBS_264634_7.pdf

http://www.michigan.gov/documents/mde/SchoolwidePBS_264634_7.pdf

In “special circumstances” that involve a weapon, illegal drugs, or serious bodily injury, a student may be administratively assigned to an Interim Alternative Educational Setting (IAES) via an IEP for up to 45 days without parental agreement.

“Special Circumstances”

An incident of student behavior occurs that results in a disciplinary removal from school

An incident of student behavior occurs that results in a disciplinary removal from school

Is the student receiving special education? YESIs the student receiving special education? YES

Is this removal for 10 school days or less? NOIs this removal for 10 school days or less? NO

Is this removal for drugs or weapons?

NO

Is this removal for drugs or weapons?

NO

Is this removal for behavior not involving drugs or weapons?

NO

Is this removal for behavior not involving drugs or weapons?

NO

See General Change in Placement (Figure 4)


See Student Not Yet Eligible for Special Education (Figure 2)

See Student Not Yet Eligible for Special Education (Figure 2)

See Removal – Not A Change in Placement (Figure 3)

See Removal – Not A Change in Placement (Figure 3)

See Change in Placement: Drugs/Weapons/Serious Bodily Injury (Figure 5)

See Change in Placement: Drugs/Weapons/Serious Bodily Injury (Figure 5)

See Change in Placement: Dangerous Behavior (Figure 6)

See Change in Placement: Dangerous Behavior (Figure 6)

Yes

Yes

Yes

No

Figure 1 General Considerations

School sends parent notice of disciplinary action according to general education policy.

School sends parent notice of disciplinary action according to general education policy.

Has student accumulated more than 10 school days of removal in the school year? YES NO

Has student accumulated more than 10 school days of removal in the school year? YES NO

On 11th school day of removal in a school year, school provides special education services determined by school and special education administration.

On 11th school day of removal in a school year, school provides special education services determined by school and special education administration.

District implements general education discipline

procedures.

District implements general education discipline

procedures.

Do a series of removals form a pattern of exclusion (change of placement) taking into account:•Length of removals;•Total amount of time removed;•Proximity of removals to each other?

Do a series of removals form a pattern of exclusion (change of placement) taking into account:•Length of removals;•Total amount of time removed;•Proximity of removals to each other?



The IEP Team reviews the need for Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP).

The IEP Team reviews the need for Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP).

Figure 3Removals - Not a Change in Placement

(10 or less school days)

On the day on which the decision is made to remove the student, the school provides parent notice of special education rights and procedures.On the day on which the decision is made to remove the student, the school provides parent notice of special education rights and procedures.

The IEPT reviews the need for a Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP)


Does the IEPT consider the behavior a manifestation of the disability?YES NO


General disciplinary procedures are terminated. The student returns to placement of last IEP or other placement determined by the IEPT.

General disciplinary procedures are terminated. The student returns to placement of last IEP or other placement determined by the IEPT.

The IEPT meets to determine services that will occur when the school implements general education discipline procedures. The services must:•Enable student to appropriately progress in the general curriculum, and•Appropriately advance toward IEP goals

The IEPT meets to determine services that will occur when the school implements general education discipline procedures. The services must:•Enable student to appropriately progress in the general curriculum, and•Appropriately advance toward IEP goals

Parent may request expedited hearing to appeal the manifestation determination and/or services. During due process, student placement remains in the last uncontested IEP.

Parent may request expedited hearing to appeal the manifestation determination and/or services. During due process, student placement remains in the last uncontested IEP.

Implement the new IEP decided by the IEPT.

Implement the new IEP decided by the IEPT.

School and parent agree on manifestation determination and new IEP

Parent disagrees and requests due process hearing

Within 10 school days of the decision to change the placement due to a violation of a code of student conduct, the district, parent and relevant members of the IEP Team must determine: Is the behavior a manifestation of the disability?

Within 10 school days of the decision to change the placement due to a violation of a code of student conduct, the district, parent and relevant members of the IEP Team must determine: Is the behavior a manifestation of the disability?

Figure 4Removals - General Change of Placement

(11 or more days or pattern of removals constituting a change in placement)

On the day on which the decision is made to remove the student, the building administrator or designee provides parent notice of special education rights and procedures.

On the day on which the decision is made to remove the student, the building administrator or designee provides parent notice of special education rights and procedures.



Manifestation Determination held - Does the IEPT consider the behavior a manifestation of the disability?

Manifestation Determination held - Does the IEPT consider the behavior a manifestation of the disability?

The district may use general discipline procedures and place the student in an interim alternative education setting (IAES). Setting and services are determined by the IEP Team. The IAES must:•enable the student to continue to progress in the general curriculum; and•continue services and modifications to enable the student to meet the goals in the IEP; and•include services and modifications that are designed to prevent the behavior from recurring.

The district may use general discipline procedures and place the student in an interim alternative education setting (IAES). Setting and services are determined by the IEP Team. The IAES must:•enable the student to continue to progress in the general curriculum; and•continue services and modifications to enable the student to meet the goals in the IEP; and•include services and modifications that are designed to prevent the behavior from recurring.

Yes or No

School and parent agree on manifestation determination, IAES, and services.

Parent disagrees and requests due process hearing.

IAES and services decided by the IEPT begins.

IAES and services decided by the IEPT begins.

Parent may request expedited hearing to appeal the manifestation determination and/or IAES. During due process, student placement remains in the IAES proposed by the school.

Parent may request expedited hearing to appeal the manifestation determination and/or IAES. During due process, student placement remains in the IAES proposed by the school.

Figure 5Change of Placement: Special Circumstance Behaviors (Drugs/Weapons/Serious Bodily Injury)

Serious Bodily Injury

The term “serious bodily injury” is defined as being inflicted with an injury or illness that involves:

(1) a substantial risk of death; (2) extreme physical pain; (3) protracted and obvious

disfigurement; or (4) protracted loss or impairment

of the function of a bodily member, organ or mental faculty.

Serious Bodily InjuryIn order to defend a decision to issue a 45-day alternative placement, a school district must be able to demonstrate that the injury to the victim was significant. There must be evidence that the victim required some type of involved or ongoing medical treatment and that the subject injury is of the type that requires pain management. In other words, cuts, abrasions or bruises resulting from the typical fist-fight are unlikely to be sufficient in and of themselves to meet the criteria for establishing “serious bodily injury.”

On the day on which the decision is made to remove the student, the school provides parent notice of special education rights and procedures.On the day on which the decision is made to remove the student, the school provides parent notice of special education rights and procedures.





Student returns to placement of last uncontested IEP. Agency must take immediate steps to remediate any deficiencies in the IEP

Student returns to placement of last uncontested IEP. Agency must take immediate steps to remediate any deficiencies in the IEP

Relevant disciplinary procedures applicable to children without disabilities may be used. (Service standards are the same as for General Change of Placement, see Figure 4.

Relevant disciplinary procedures applicable to children without disabilities may be used. (Service standards are the same as for General Change of Placement, see Figure 4.

Expedited Hearing – ManifestationA hearing officer may also, at district request, order a placement to an IAES for not more than 45 calendar days. (Service standards are the same as for Drugs and Weapons, see Figure 5. Other placement may be used if school and parent agree.

Expedited Hearing – ManifestationA hearing officer may also, at district request, order a placement to an IAES for not more than 45 calendar days. (Service standards are the same as for Drugs and Weapons, see Figure 5. Other placement may be used if school and parent agree.

Parent may appeal manifestation determination. Student continues placement in effect for last uncontested IEP during manifestation hearing.If it is believed that maintaining the student in the current placement is substantially likely to result in injury to the student or others, the district may seek a court order for an alternative setting.

Parent may appeal manifestation determination. Student continues placement in effect for last uncontested IEP during manifestation hearing.If it is believed that maintaining the student in the current placement is substantially likely to result in injury to the student or others, the district may seek a court order for an alternative setting.

Student continues placement in effect for last uncontested IEP during appeal.

Student continues placement in effect for last uncontested IEP during appeal.

Placement ordered by hearing officer begins.

Placement ordered by hearing officer begins. Placement ordered by

hearing officer is in effect pending further appeal.

Placement ordered by hearing officer is in effect pending further appeal.

Figure 6Change of Placement: Dangerous Behavior (Not Special

Circumstance Behavior)

Manifestation appeal successful

Manifestation appeal unsuccessful

School days mean………………

Any day, including a partial day that the student is in attendance for instructional purposes. The term “school day” has the same meaning for all students in school, including students with or without disabilities.

Interim Alternative Educational Setting

An Interim Alternative Educational Setting (IAES) is a forty-five day placement that can only be used when certain types of discipline are involved; weapons possession/use of illegal drugs sale/solicitation of a controlled substance, or serious bodily injury has been inflicted upon another person while at school or at a school function under the jurisdiction of a State or local educational agency.

Interim Alternative Educational Setting

Cannot exceed forty-five (45) school days Must be implemented through an IEP Team Must allow for access to general education

curriculum Must provide services indicated on the IEP

as well as any necessary modifications to enable the student to meet IEP goals

Must provide for services and modifications to address the specific problem behavior

Confidentiality and “need to know”

It is important that the school's administrative staff understand that,

even within the school,

FERPA restricts access (absent written parental permission) to only

those individuals with a

legitimate need for access. Accordingly, absent special reason, a

faculty member generally should not have access to education

records of students to whom she is not providing instruction.

A school's records confidentiality policy and procedures, if they are to

be sound, should ensure limits on access to records not only to

individuals or entities unassociated with the school, but to faculty

and staff as well. To ensure that school personnel are aware of this

requirement, the school may wish to require employees to sign

annually a confidentiality agreement, through which they

acknowledge their understanding.