Special Education for School AdministratorsRon LorenzDirector of Student and Staff ServicesIndianola Community School District

Essential Questions

Where Does Special Education Come From? How Has Special Education Evolved? What are the Big Ideas of Special Education? How is Eligibility Determined? What is an IEP? What Do You Need to Know Student Discipline and

Special Education?

Special Education is an Extension of the Civil Rights Movement of the 1950s and 1960s

These cases established the notion that students with disabilities may not be excluded from educational programs, when public funds are used provide educational programs for other students, simply because they require more resources to educate. They also clearly establish a preference for placement in a regular public school setting.

The states’ failure to act ‘with all deliberate speed’ (Brown v. Board of Education) to provide equitable educational opportunities for all students: with no direct jurisdiction over public education, Congress used its spending authority to create financial incentives to prompt states to reform their educational programs  

Special Education Has Evolved Through a Series Amendments &

Reauthorizations Beginning in 1966, Congress took a series of steps to encourage

states to develop resources and train teachers to address the needs of disabled students

In 1975, Congress passed the Education for All Handicapped Children Act (P.L. 94-142): P.L. 94-142 was amended in 1986

In 1990, the act was further amended and renamed the Individuals with Disabilities Education Act (IDEA)

In 1997, the reauthorization of IDEA stressed the notion of “inclusion” or Least Restrictive Environment

In 2004, the act was reauthorized as IDEIA and emphasized measurable outcomes for special education services

Local Policies & Procedures Stem from

State & Federal Statues

Mandates are based on federal statues which generally drive state laws

Federal and state codes operationalize these laws through prescribed rules and regulations

Policy letters, case law, and appeal decisions serve to interpret and refine codes

State plans, AEA procedures, and District Developed Special Education Plans and policies guide practice

What are the Fundamental Principals or Big Ideas of Special Education

What are the Fundamental Principles of Special Education?

FAPE: Free Appropriate Public Education At no cost to parents. Appropriateness based on: (a) compliance with specific procedural requirements regarding development/implementation of IEPs and (b) whether IEP is “reasonably calculated” to confer “educational benefits.”

LRE: Least Restrictive Environment Presumes that student will be in the general classroom, with supports, from the outset unless it is determined that child cannot benefit from the general curriculum.

Due Process Procedures to guarantee parent involvement and challenge the school system when parents disapprove of decisions.

Outcomes/Results Improving educational results and functional outcomes for students with disabilities through a systematic approach to progress monitoring, intervention design and implementation, and data-based decision making.

What is FAPE?“Free appropriate public education” or “FAPE” means

special education and related services that are provided at public expense, under public supervision and direction, and without charge; that meet the standards of the SEA, including the requirements of this chapter; that include an appropriate preschool, elementary school, or secondary school education; and that are provided in conformity with an individualized education program (IEP) that meets the requirements of rules 41.320(256B,34CFR300) to 41.324(256B,34CFR300).

Iowa Administrative Rules of Special Education

FAPE

Appropriate: There is no bright line statutory or regulatory definition of “appropriate” because the elements of an appropriate education must be determined on a case-by-case basis, according to the individualized needs of each child [Board of Education of the Hendrick Hudson Cent. Sch. Dist. v. Rowley, 553 IDELR 656 (1982)]

Free: “…provided at public expense, under public supervision and direction, and without charge…” to the parent[34 CFR 300.17].

Public:“…include an appropriate preschool, elementary school, or secondary school. . .;[34 CFR 300.17].

Education:“…provided in conformity with an individualized education program (IEP) that meets the requirements of [the regulations]” [34 CFR 300.17].

What Constitutes “Appropriate”

Rowley Standard2 criteria for determining

appropriateness:1) did the agency comply with the

procedural requirements prescribed by the IDEA; and

2) was the IEP reasonably calculated to provide the child educational benefits?

[Board of Education of the Hendrick Hudson Cent. Sch. Dist. v. Rowley, 553 IDELR 656 (1982)].

Chevy vs. Cadillac Districts not required to

maximize a student’s educational performance or provide best possible education

District must provide a “basic floor of opportunity” rather than a ceiling

[Doe v. Board of Education of Tullahoma City Sch., 20 IDELR 617 (6th Cir. 1993)].

“Appropriateness”Meaningful Benefit

3rd Circuit Court interpreted Rowley requirement of providing “some educational benefit” to mean more than “de minimus” benefit

IDEA demands “. . .more than a trivial educational benefit” and actually requires an IEP to provide "significant learning" and confer "meaningful benefit."

[Polk v. Central Susquehanna Intermediate Unit 16, 441 IDELR 130 (3d Cir. 1988)].

Adequate Progress Rowley suggested even though

grade reports are not only indicator of FAPE, the fact that an entitled student earned passing marks and successfully progressed from grade to grade indicates a level of progress that strongly suggests FAPE

A subsequent Supreme Court decision reiterated that report cards and class advancement are not necessarily an indication a student is receiving FAPE, and clarified that “…an evaluation of the student’s circumstances as a whole is still required” [Hall v. Vance County Board of Education, 557 IDELR 155 (4th Cir. 1985)].

What are the implications of FAPE? A free appropriate public

education must be available to all children residing in the state through their twenty–first birthday, including children with disabilities who have been suspended or expelled from school

The state must not use a funding mechanism by which funds are distributed on the basis of the type of setting in which a child is served or which will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child’s IEP

Each public agency must ensure that extended school year services are available as necessary to provide FAPE

Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE, unless the public agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.

What are the implications of FAPE? An LEA or AEA is not required

to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if that agency made FAPE available to the child and the parents elected to place the child in a private school or facility.

A public agency that is responsible for making FAPE available to a child with a disability must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child

If a child with a disability who had an IEP that was in effect in a previous public agency in this state transfers to a new public agency in this state and enrolls in a new school within the same school year, the new public agency, in consultation with the parents, must provide FAPE to the child including services comparable to those described in the child’s IEP from the previous public agency until the new public agency either:a. Adopts the child’s IEP from the

previous public agency; orb. Develops, adopts, and

implements a new IEP that meets the applicable requirements in these rules

What does LRE mean?Least Restrictive Environment: To the maximum extent appropriate, children with

disabilities, including children in public or private institutions or other care facilities, must be educated with children who are non-disabled; and

Special classes, separate schooling, or other removal of children with disabilities from the general education environment should occur only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily

What are the implications of LRE? The placement decision shall be

made:1) By a group of persons,

including the parents and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and

2) In conformity with the LRE provisions of this chapter, including rules 41.114(256B,34CFR300) to 41.118(256B, 34CFR300);

The child’s placement shall be:(1) Determined at least annually;(2) Based on the child’s IEP; and(3) Located as close as possible

to the child’s home;

• Unless the IEP of a child with a disability requires some other arrangement, the child shall be educated in the school that he or she would attend if nondisabled;

• In selecting the LRE, the agency shall consider any potential harmful effect on the child or on the quality of services that he or she needs; and

• A child with a disability shall not be removed from education in age–appropriate regular classrooms solely because of needed modifications in the general education curriculum.

What are the implications of LRE?Continuum of Services: Each public agency must ensure that a continuum of

alternative services and placements is available to meet the needs of children with disabilities for special education and related services.

The continuum required…must meet the following requirements: Include the alternative placements listed in the

definition of special education under rule 41.39(256B,34CFR300) (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and

Make provision for supplementary services, such as resource room or itinerant instruction, to be provided in conjunction with regular class placement.

What is Procedural Due Process?

Procedural rules and safeguards to ensure the appropriate identification, evaluation, placement, and provision of services to entitled individuals.

Procedural safeguards are designed to ensure meaningful parent participation in decisions regarding educational programming & placement.

Parents have the right to challenge district decisions.

Notice RequirementsParents must be notified of Procedural Safeguards: Notice must be written in plain language (i.e. terms easily understood by the

general public) Notice must be provided in the native language of the parent or other mode of

communication used by the parent, unless it is clearly not feasible to do so. LEA/AEA must ensure that notice is translated translated in his or her native

language or other mode of communication, and that the parent understands the notice.

Parents must be provided Prior Written Notice whenever the district proposes or refuses to “to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child [281—41.503(1)(a-b)]

PWN must include an explanation of why the agency proposed or refused to take action; a description of the assessment data used in determining the appropriateness of the action; and a description of other options considered.

PWN should also include a statement reiterating parent’s due process rights and sources the parents can contact to obtain assistance in understanding the provision of law and rules

Procedural Safeguards Include: The “…right to an independent educational evaluation (IEE)

at public expense [when] the parent disagrees with an evaluation obtained by the AEA…”[281—41.502(2)(a)]

Prior Written Notice (PWN) whenever a public agency proposes or refuses “…to initiate or change the identification, evaluation or educational placement of the child or the provision of FAPE to the Child.” [281—41.503(1)(a-b)]

Informed parent consent approving the evaluation, programming, or placement of a child

The right “…to inspect and review all education records with respect to….the identification, evaluation, and educational placement of the child; and [t]he provision of FAPE to the child.”[281—41.501(1)(a-b)]

More Procedural Safeguards: The “Opportunity to present and resolve complaints through the due

process complaint and state complaint procedures…” [281--41.503(e)] Pendency placement (i.e. stay put) during due process proceedings Procedures for students subject to placement in interim alternative

educational settings (i.e. unilateral disciplinary change in placement) “Requirements for unilateral placement by parents of children in private

schools at public expense…”[281--41.503(i)] Due process hearings, “…including requirements for disclosure of

evaluation results and recommendations” [281—41.503(j)] The right to appeal administrative hearing decisions in civil courts (i.e.

state or federal court) [281--41.515(1)] The discretion of a civil court to award reasonable attorney fees when

parents are the prevailing party in a due process action. [281—41.517(1)]

Meaningful Parent Parent Participation is Predicated on

Informed Parent Consent

Public agencies must obtain “informed” parent consent prior to: Initial evaluation to determine eligibility for special education

and related services [281—41.300(1)] Initial provision of special education and related services [281—

41.300(2)] Conducting a reevaluation [281—41.300(3)]

Informed Parent Consent“Informed” parent consent means permission

given after the full disclosure of all information a reasonable person would need to make an intelligent decision: “The parent has been fully informed of all information relevant to

the activity for which consent is sought, in his or her native language, or through another mode of communication” [281—41.9(1)(a)]

The parent understands and agrees in writing to the carrying out of the activity for which parental consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom [281—41.9(1)(b)]

The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time [281—41.9(1)(c)]

Revocation of Consent The 2006 reauthorization of IDEA regulations gives parents the right to

revoke consent for special education services at any time [34 CFR 300(b)(4)].

Revocation must be provided in writing Districts must honor the request but only after providing parents with

Prior Written Notice indicating: The child will no longer receive special education services of any

kind The child will no longer be entitled to IDEA discipline protections

It is not necessary to convene an IEP team meeting to exit a child from special education pursuant to parent’s revocation of consent

Districts may not use due process or mediation procedures to challenge a parent’s decision to revoke consent [281—41.300(2)(c )(1)]

What does IDEIA mean by Outcomes?

Improving educational results and functional outcomes for children with disabilities through:

A systemic approach to progress monitoring

A systemic approach to intervention design and implementation

Systematic Progress Monitoring:

“regular and frequent data collection, analysis of individual performance across time, and modification of interventions as frequently as necessary based on systematic progress monitoring data”

collecting and displaying an individual’s performance over time for the purpose of making educational decisions.

What does IDEIA mean by Outcomes?General education interventions

shall include teacher consultation with special education support and instructional personnel working collaboratively to improve an individual’s educational performance.

shall be documented;

shall include measurable and goal–directed attempts to resolve the presenting problem or behaviors of concern;

communication with parents;

collection of data related to the presenting problem or behaviors of concern, intervention design and implementation,

and systematic progress monitoring to measure the effects of interventions.

Intervention design and implementation.

Interventions shall be designed based on the preceding analysis, the defined problem, parent input, and professional judgments about the potential effectiveness of interventions.

The interventions shall be described in an intervention plan that includes goals and strategies, a progress monitoring plan, a decision–making plan for summarizing and analyzing progress monitoring data, and responsible parties.

Interventions shall be implemented as developed and modified on the basis of objective data and with the agreement of the responsible parties.

How is Eligibility Determined?

EvaluationChild Find Public agencies are required to

develop and implement procedures to identify, locate and evaluate children in need of special education and related services [Iowa Rules of Special Education 281—411(1); 34 CFR 300.111].

This includes all children who are suspected of having a disability, even though they may be advancing from grade to grade or otherwise appear to making reasonable progress toward district standards and benchmarks [Iowa Rules of Special Education 281—411(3)].

Full & Individual Evaluation Whenever a parent requests an

evaluation or a district has reason to suspect a disability that may entitle a child to special education and/or related services, the district is obligated to conduct a Full and Individual Evaluation

The public agency must obtain written parent consent for evaluation and implement a variety of assessment tools and strategies to gather relevant functional, developmental and academic information within various performance domains

Problem Solving is a Multi-Tiered Process Focused on Meeting Child’s Needs Rather

Than Assigning a Label

Parent or classroom teacher identify concerns regarding a child’s performance• teacher and

parent discuss the nature of these concerns

• teacher modifies their instruction or implements interventions to address problems

• closely monitoring the effectiveness of the modifications in resolving the problems

If problems persist, teacher may consult with colleagues (i.e. building intervention team) to refine interventions & access additional supports to meet the needs of the child • may include

support from building specialists, such as a Title I reading interventionist or English Language Learner (ELL) teacher, and classroom aids or assistants

• this could involve consultation with past teachers to determine how they addressed similar issues or concerns

• could also include building special education staff if necessary

If a student does not respond to these interventions, special education staff, including a school psychologists, social workers, and instructional consultants, develop and implement more intensive interventions as part of a larger full and individual evaluation

“. . . The student is not declared eligible for special education because of performance on an IQ test, but because their academic performance did not improve as the result of trying a continuum of progressively more intensive regular education interventions.” 

Move to Entitlem

ent

Eligibility An educational disability requiring Special Education is a skills deficit, a

health or physical condition, a functional limitation, or a pattern of behavior that adversely affects educational performance. An educational disability: 1) results in educational performance that is significantly and

consistently different, diminished, or inappropriate when compared to the expectations for peers and

2) significantly interferes with: a) access to general education settings and opportunitiesb) developmental progress, involvement and progress in the

general curriculum, orc) interpersonal relationships or personal adjustment.

Eligibility decisions are based on a child’s progress (i.e. performance over time), discrepancy (i.e. performance as compared to grade level expectations or developmental norms) and need.

Special Education Eligibility Standards, Iowa Department of Education, July 2006

Essential Entitlement Questions

Educational Progress

•How does this individual’s actual rate of skill acquisition•compare to the expected rate of skill acquisition?•What is the frequency, intensity, and duration of the behavior? (This question is required for a behavioral concern & may not apply to some concerns.)•Have the intervention(s) been developed, implemented, and monitored with integrity?•Under what conditions did the individual experience the most growth?

Discrepancy

•What are the multiple sources of data that demonstrate the individual’s performance is significantly discrepant from that of peers or expected standards?•How does the individual’s current level of performance compare to that of typical peers or expected standards?•What is the magnitude of the discrepancy?•How important and significant is this discrepancy?

Need

•What are the individual’s needs in the areas of instruction, curriculum, and environment•What are the instructional strategies, accommodations,•and modifications that will enable the individual’s learning performance to improve?•What accommodations and modifications were provided•which enhanced the individual’s performance and allowed opportunity to acquire educationally relevant skills•What, if any, ecological variables contribute to theinterventions/accommodations/modifications not enhancing the individual’s performance? Explain.•What is the pervasiveness of the area of concern across•settings and time? •What ongoing, substantial, additional services are needed•that cannot be provided by general education?

What is an IEP?

An IEP IS a Commitment to Provide Services…

The IEP is the cornerstone of the IDEA. Developed in collaboration between parents and schools,

the IEP describes the unique abilities, interests, and needs of a child and prescribes the educational placement, services, and supports that are needed to meet those needs.

The IEP is a comprehensive statement of the educational needs of a handicapped child and the specially designed instruction and related services to be employed to meet those needs. [Burlington Sch. Comm. v. Massachusetts Dept. of Educ., 556 IDELR 389 (U.S. 1985)].

An IEP is NOT a Guarantee of Educational Achievement

School districts are obligated to ensure entitled individuals have access to educational opportunity, not specific achievement of educational results. [Board of Educ. of the Hendrick Hudson Cent. Sch. Dist. v. Rowley, 553 IDELR 656 (U.S. 1982)].

A child’s IEP is not a contract guaranteeing a student will achieve a certain level of academic proficiency; a district must only make a “good faith effort to assist a child to achieve his or her IEP goals. [Coale v. State Dept. of Educ., 35 IDELR 149 (D. Del. 2001)]

The standard to be considered is whether the IEP, at the time proposed, was reasonably calculated to confer educational benefit. [Board of Educ. v. Rowley].

Implementation Requirements

When a child is determined eligible for special education the district must ensure:a. A meeting to develop an IEP for a child is conducted within 30

days of a determination that the child needs special education and related services; and

b. As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP. [281—41.323(3)]

At the beginning of each school year, each district must have an IEP in place for each entitled individual within its jurisdiction. [281—41.323(1)]

Districts must also ensure that IEPs are accessible to all special education teachers, general education teachers, and other service providers who are responsible for their implementation; teachers and service providers must be informed of their responsibilities related to implementation as well as specific accommodations, modifications, and supports that must be provided [281—41.323(4)]

Types of IEP Meetings Initial: held following completion of a full and individual evaluation and

determination of eligibility Review: IEPs must be conducted at least annually to determine whether

annual goals are being achieved or revisions to the IEP are required Reevaluation: required at a minimum every three years to determine

the extent to which the child’s progress, discrepancy, and needs have changed, whether additional modifications or services are required, and whether the child continues to be eligible for special education

Amendment: an IEP can be amended without having a comprehensive annual review; amendments may be made during an IEP meeting or, if parents and the school agree, without a formal meeting

Interim: may be developed when a team determines it is necessary to temporarily provide special education, support, and/or related services to an individual who has already been determined eligible

Required IEP Team Members/Meeting Participants [281--41.321(1)]

Parent(s) Regular Education Teacher Special Education Teacher A District Representative who is:

qualified to provide or supervise the provision of special education

knowledgeable regarding the general curriculum knowledgeable regarding available resources, and authorized to commit agency resources

An individual who can interpret evaluation results

IEP Considerations

IEP Team must consider [34 CFR 300.324 (a)(1)]: The strengths of the child;  The concerns of the parents

for enhancing the education of their child; 

The results of the initial or most recent evaluation of the child; and 

The academic, developmental, and functional needs of the child. 

IEP Team must also consider special factors [34 CFR 300.324 (a)(2]): The use of positive behavioral

interventions and supports, and other strategies, to address that behavior

The language needs of the child

The communication needs of the child

Whether the child needs assistive technology devices and services

IEP Content Requirements [281—41.320(1)]

Statement of Present Levels of Academic Achievement and Functional Performance (PLAAFP

Measurable Annual Goals

Description of Progress Monitoring and Reporting Protocols

Description of special education and related services, supplementary aids and services, program modifications, and supports for school personnel

Explanation of the extent, if any, the child will not participate with non-disabled peers in the general education setting

Description of necessary accommodations on district wide assessments or need for alternate assessment

Statement of anticipated start date and frequency, location, and duration of services.

Statement of secondary transition services

Present Levels of Academic Achievement & Functional Performance (PLAFP)—

page(s) B, C, Top of Goals page(s) The starting point that determines the direction of the IEP:

explains needs of the student and explains how the student’s disability affects his/her

involvement and progress in the general curriculum. Documents baseline or summary of current level of

achievement in areas of need Describes how student applies skills. Documents strengths, interests, and preferences and

identifies effective approaches and instruction that enable student success.

Documents how the disability impacts the child from a functional perspective

Measurable Annual Goals—page(s) D, or E (goal pages)

Required for each area student receives services (i.e. academic, behavior, related services)

Descriptions of what a student can reasonably be expected to accomplish within a 12-month period with the provision of special education services and supports.

Linked to district grade level standards and benchmarks: aimed at closing the gap between current level of performance and expected outcomes

Defined in specific, observable, and measurable terms.

Progress Monitoring & Reporting Identifying the frequency, method and mechanism for

communicating student progress Teams may develop any schedule of reporting that meets

it’s needs, so long as parents are informed of their student’s progress at least as often as the parents of non-disabled students are informed their students’ progress

Parent’s may request additional progress information at any time.

Service Descriptions— page(s) F

Description of each REQUIRED service, activity, and support that will be provided to the student or on behalf of the student.

Ensure that all members of the IEP team know what services, including specially designed instruction, supports, and activities will be provided, when they will be provided, and by whom they will be provided

Least Restrictive Environment (LRE)

Document participation in special education, general education and community settings: calculate the amount of time the student is removed from general education

Identifying the students’ attendance center and justify the reason(s) why child cannot be served in neighborhood school

District Wide Assessments (DWA) Students with disabilities are expected to participate in

DWA Determine how student will participate in DWA The IEP team must decide whether:

The student can participate without accommodations

The student can participate with accommodations, or

The student will need to participate in the Iowa Alternate Assessment

Secondary Transition Appropriate, measurable, postsecondary

goals, based upon age appropriate transition assessments, related to training, education, employment and where appropriate, independent living skills

The transition services, including courses of study, needed to assist the student in reaching the goals [41.320(2)]

IEP Development Process Identify present levels of academic achievement and

functional performance, Develop well-written goals and effective progress

monitoring strategies, Describe special education services, activities and

supports, Consider the least restrictive environment (LRE) and

make a placement decision Communicate responsibilities and progress.

What Do You Need to Know Student Discipline and Special Education?

Special consideration MUST be given to children with special needs

A child may NOT be denied a Free and Appropriate Public Education (FAPE) as a result of conduct that is a manifestation of their disability

• “…the mere fact that a student with a disability knows right from wrong did not make his conduct unrelated [to his disability].” S-1 v. Turlington, EHLR 552:267 (5th Cir. 1981)

• “…[a] handicapped child’s conduct [is related to his disability] only if the handicap significantly impairs the child’s behavior controls. . . [I]t does not embrace conduct that bears only an attenuated relationship to the child’s handicap.” Doe v. Maher, 557, EHLR 557:353 (9th Cir. 1986)

Students Not Yet Eligible

Child is entitled to IDEA disciplinary protections if district had knowledge child had a disability before behavior that resulting in disciplinary action occurred.

District is presumed to have knowledge if:1) parent expressed concern to district personnel that child needed services; 2) behavior or performance of child demonstrates need for services; 3) parent requested evaluation; or 4) teacher of the child, or other district personnel, expressed specific

concerns about behavior or performance to special education director or other personnel pursuant to district established child find or referral policy.

District not deemed to have knowledge if it conducted an evaluation and determined child did not have disability or determined evaluation unnecessary, providing notice to parents of determinations IAC 281—41.534(256B,34CFR300)

Disciplinary Change of Placements

In Honig v. Doe, 559 IDELR 231 (1988), the U.S. Supreme Court prohibited certain disciplinary actions that result in a change of placement for students with disabilities

A proposed suspension of more than 10 days or a pattern of suspensions for more than 10 days constitutes a change of placement requiring written prior notice (34 CFR 300.503), due process hearing rights (34 CFR 300.520(a)(2)), and stay put (34 CFR 300.514).

10 Day Rule The 2006 IDEA Regulations and Iowa Administrative

Code provide that districts may remove a student with a disability who violates the code of conduct from their current placement for up to ten school days

After a child with a disability has been removed from his or her current placement for ten school days in the same school year, during any subsequent days of removal the public agency must provide services…” Iowa Administrative Rules of Special Education, 281--41.530(2)(b)(256B, 34 CFR300)

Continuation of Services

Districts must continue to provide educational services for eligible students who have been suspended for more than 10 school days. (34 CFR 300.530(b)(2)This includes: “Education services. . . so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the IEP. . .” Iowa Administrative Rules of Special Education 41.530(4)(a)

In-School SuspensionSince in-school suspension has not typically been regarded as a

change of placement, most courts have concluded they do not automatically trigger due process requirements under IDEA.

Iowa Administrative Rules of Special Education (41.536(3)) stipulate “…an in–school suspension or other disciplinary action will not be considered a removal if all three of the following questions are answered in the affirmative:

a. Will the child be able to appropriately participate in the general education curriculum?

b. Will the child be able to receive the services specified in the child’s IEP? c. Will the child be able to participate with children without disabilities to the

extent provided in the child’s current placement?

Manifestation Determination

The 2006 regulations (34 CFR 300.530(e)) require that a manifestation determination be made within 10 school days of any decision to change the placement and entitled individual because of a violation of the code of student conduct.A manifestation determination process identifies the nexus between a student’s disability and misconduct. Behavior is considered a manifestation of the child’s disability:

If the conduct in question was caused by or had a direct and substantial relationship to, the child’s disability; orIf the conduct in question was the direct result of the district’s failure to implement the IEP (34 CFR 300.530(e)(3)

Manifestation of Disability

If the team determines the child’s disability had a direct and substantial relationship to the child’s misconduct OR the district failed to implement the IEP Conduct an FBA and develop, review, modify BIP,

as necessary, to address the behaviors of concerns Return the child to the previous IEP placement (or

move them to a new placement if parent has agreed it is necessary as part of modified BIP)

NOT Manifestation of Disability

If the team determines the child’s disability DID NOT have a direct and substantial relationship to the child’s misconduct AND the district DID NOT fail to implement the IEP Continue to provide FAPE even in a different setting If parents contest the manifestation determination

(i.e. file due process complaint) do not move the child except to a duly determined Interim Alternate Educational Placement

Unique Placements

Districts are obligated to provide a continuum of alternative services and placement to meet the unique needs of students 281—41.115(1)

In addition to regular and special classes, the continuum must include: Special Schools Home Instruction Instruction in hospitals and institutions

If the need arises to serve in child to a placement outside the regular school environment, there is almost always a need to revise the existing IEP

Interim Alternate Educational Placements

The child's IEP team determines the interim alternative educational setting for services 34 CFR 300.530(c), 34 CFR 300.530(d)(5), 34 CFR 300.530(g), 34 CFR 300.531, 20 USC 1415

Change of placement for disciplinary reasons must enable student to continue to participate in the general curriculum, although in another setting (e.g. IAES) 20 USC 1412, and to progress toward meeting their IEP goals 34 CFR 500.530(d)

Child who is removed to a IAEP must receive, as appropriate, a functional behavioral assessment, and behavioral interventions, services, and modifications so that the behavior for which the student has been placed in the IAES does not reoccur 34 CFR 300.530 (d)(1)(ii)

Stay Put

Stay-put provision requires school districts to retain a student in their current placement pending the resolution of a dispute regarding a child’s special education program, unless the parents and district agree otherwise

Stay-put only applies when parents request a hearingWhen an appeal regarding a disciplinary action is

filed, the student must remain in the interim alterative educational setting (IAES)

Special or Unique CircumstancesIn certain circumstances the district may make

unilateral changes in placement to an interim alternative educational setting, without regard to whether the behavior was a manifestation of the students disability

District may make a unilateral disciplinary change of placement when misconduct involves:1. Bringing a weapon to school2. Possession of drugs or controlled substances3. Serious bodily injury