inappropriate behaviors resulting in disciplinary action revised 7/9/2012 policy 4373, idea, policy...

Inappropriate Inappropriate Behaviors Behaviors

Resulting In Resulting In Disciplinary Disciplinary

Action Action

Revised 7/9/2012Revised 7/9/2012

Policy 4373, IDEA, Policy 2419 and Policy 4373, IDEA, Policy 2419 and SPL SPL

Produced by NICHCY, 2007

Policy 4373, IDEA, Policy 2419 and Policy 4373, IDEA, Policy 2419 and SPL SPL

WV Policy 4373: Expected Behavior in Safe and Supportive Schools

Individuals with Disabilities Education Improvement Act of 2004 (IDEA)

Section 504 of the Rehabilitation Act of 1973 WV Policy 2419: Regulations for the Education

of Students with Exceptionalities Support for Personalized Learning (SPL) -

Guidance for West Virginia Schools and Districts

Policy 4373, IDEA, Policy 2419 and SPL Policy 4373, IDEA, Policy 2419 and SPL

• In many special education situations, discipline of students with IEPs is a general and special education function.

• IDEA disciplinary actions, first, are general education disciplinary actions and, second, must comply with IDEA‘s federal requirements.

• Both sets of requirements must be observed – local/state due process and additional safeguards and procedures under the IDEA.


School Administrators and Staff Responsibilities

•Receive report of behavior•Review configuration of support identifed in SPL•Determine if behavior is the violation of Policy 4373/State law•Consider unique circumstances on case-by-case basis•Determine disciplinary action.


Authority of School PersonnelAuthority of School Personnel

All students, disabled or not, are entitled to a level of

“due process” before they can be removed from public

school for any period of time for disciplinary reasons.

Policy 4373, IDEA, Policy 2419 and SPLPolicy 4373, IDEA, Policy 2419 and SPL


School personnel may remove a student with a disability who violates Policy 4373 for not more than

10 consecutive school days.


• When removals total more than 10 days…the student must continue to receive educational

services to enable the student to participate in the curriculum and progress toward meeting IEP goals.

• School personnel have the authority to make additional removals of a student with a disability for not more than 10 consecutive school days in the same school year for separate acts of misconduct – as long as those removals

do not constitute a change of placement.



If removals do not do not constitute a change of placement:School personnel in consultation with one or more

of the student’s teachers determine if services are needed to continue to participate in the general education curriculum, in another setting, and to progress on the student’s IEP goals.



When the removal constitutes a change of placement:

• Provide notice and a copy of the Procedural Safeguards to parents.

• Convene IEP Team to determine appropriate services.• Conduct a Manifestation Determination Review (MDR)

within 10 schools days to determinate if the behavior is a manifestation the student’s disability.


Manifestation Determination Review (MDR)Manifestation Determination Review (MDR)

•When a district proposes removal of a student which would exceed 10 school days due to a violation of Policy 4373, the district, parent and relevant members of the IEP Team meet to conduct MDR within 10 school days of district’s decision.

•Relevant members of the IEP Team shall be determined by parent and district.


MDR QuestionsMDR Questions

The IEP Team determines:

1.Was the behavior in question caused by or did it have a direct and substantial relationshipdirect and substantial relationship to the disability?

2.Was the behavior in question the direct result of the district’s failure to implement the IEP?


Not a ManifestationNot a Manifestation

•Student with a learning disability ripping the pants off of a female student outside lunchroom. Randy M. V. Texas City ISD, 32 IDELR 168 (S.D.Tex 2000)

•11th-grader’s decision to conduct a weekend paintballraid on his high school was unrelated to his anxiety issues. Fitzgerald v. Fairfax County Sch.Bd. 50 IDELR 165 (E.D. Va 2008)

•Decision of a student with learning disability to bring marijuana and tobacco to school. Lancaster Elementary Sch. Dist. IDELR 53 (SEA CA 2007)


If the behavior is not is not a manifestation of the student’s disability then…..

•Relevant disciplinary procedures applicable to students without disabilities may be applied in the same manner and for the same duration as for students with disabilities (except the student must continue to receive a free and appropriate public education, a FAPE).•An interim alternative education setting (IAES) is determined by the IEP Team.

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If the behavior isis a manifestation of the student’s disability then the IEP Team shall:1.Conduct a Functional Behavioral Assessment (FBA) and develop a Behavior Intervention Plan (BIP), if not done prior;2.If BIP exists, review BIP and modify it, as necessary, to address behavior; and3.Return student to the placement (unless parent and district agree to change placement as part of the BIP modification and unless the 45-day removal applies).


For certain violations… WeaponsDrugsSerious Bodily Injury

districts may remove a student to an IAES for not more than 45 school days regardless of whether the behavior was a manifestation.


For assistance, contact …

WVDE WVDE

Office of Special ProgramsOffice of Special ProgramsGhaski Browning Kathy HudnallGhaski Browning Kathy Hudnall

glee.k12.wv.us [email protected]

304.558.2696 or 1.800.642.8541304.558.2696 or 1.800.642.8541

inappropriate behaviors resulting in disciplinary action revised 7/9/2012 policy 4373, idea, policy...

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