students with disabilities and the impact of p.a. 99-0456 · students with disabilities and the ....

Students with Disabilities: P.A. 99-0456

Students with Disabilities and the Impact of P.A. 99-0456:

August 4, 2016

Presenter: Rupa Ramadurai, Assistant General Counsel

• Federal Protections • P.A. 99-0456/SB 100 – Learning the law • Interplay with Federal Law • State Protections • Effect on Students with Disabilities • Commonly Asked Questions/Gray Areas • Scenarios • Implementation Tips, Resources, and Trainings • Questions

Agenda


• Students with disabilities (SWDs) are less likely to Myth or Reality receive an out-of-school suspension than students without disabilities. • SWDs represent a quarter of students arrested and Myth or Reality

referred to law enforcement. • White students with disabilities and students of Myth or Reality color with disabilities are suspended at the same rate.

Myth v. Reality


U.S. Department of Education Office for Civil Rights 1 Civil Rights Data Collection: Data Snapshot (School Discipline) March 21, 2014.

Fill in the Blank


Students with disabilities (served by IDEA) represent ____% of the student population, but ____% of those placed in seclusion or involuntary confinement, and ____% of those physically restrained at school to immobilize them or reduce their ability to move freely. Black students represent ____% of students with disabilities served by IDEA, but ____% of these students who are restrained at school through the use of a mechanical device or equipment designed to restrict their freedom of movement.

U.S. Department of Education Office for Civil Rights 1 Civil Rights Data Collection: Data Snapshot (School Discipline) March 21, 2014.


Percentage of All Students Receiving OSS (2011-2012)

U.S. Department of Education School Climate and Discipline: Know the Data 2011-2012


Percentage of SWDs Receiving OSS (2011-2012)

U.S. Department of Education School Climate and Discipline: Know the Data 2011-2012

IDEA and its Implementing Regulations

20 U.S.C. 1415 et. seq. Individuals with Disabilities Education Act (“IDEA”)

34 C.F.R 300 et seq.

IDEA Implementing Regulations

Federal Protections for Students with Disabilities


WHO: • Applies to/Regulates all public schools, including charter schools (not

private/parochial). WHAT:

• The law intends to reduce the use and impact of exclusionary discipline on students across Illinois.

WHERE: • Came out of The Campaign for Common Sense Discipline – VOYCE Chicago

WHEN: • Beginning of the 2016-17 school year, but no later than September 15, 2016.

WHY: • Illinois schools continue to overuse out-of-school suspensions, expulsions, and school-based arrests.

Found at: http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=099-0456

P.A. 99-0456 (Senate Bill, S.B. 100)


http://voyceproject.org/campaigns/campaign-common-sense-discipline/

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=099-0456

BIG PICTURE

• P.A. 99-0456 applies equally to all general education and special education students. It’s the floor.

• Additional protections afforded to students

with disabilities (under IDEA and section 504) continue to apply.

Effect on Students with Disabilities


IDEA and its Implementing Regulations Exclusionary Discipline



Question: • Does P.A. 99-0456 conflict with IDEA on how exclusionary discipline is determined ? Short Answer: • No conflict just clarification. P.A. 99-0456 requires school officials to assess whether there is a threat to safety or disruption to other students’ learning. And generally, just more protections.



IDEA and its Implementing Regulations

Federal Take on Alternative Interim Educational Placements

Question: • Does, P.A. 99-0456 impact 45 day

removals, and if so, how? Short Answer: • No. Just follow Federal Guidelines.



• Key Definitions:

• Serious bodily injury –substantial risk of death or extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of functioning limb, organ or mental faculty.

• Weapon – defined broadly to include an object, device, instrument or substance that is used for or is readily capable of causing death or serious bodily injury EXCEPT that the term does NOT include a pocket knife with a blade that is less than 2.5 inches.

Leak v. Board of Education of Rich Township HS District No. 227


Quick Facts: • Superintendent, during her employment, transferred 48 “disruptive students” to

alternative schools without Board action. • Violating: Article 13A of the School Code

• Board terminated her employment contract for cause • Superintendent sued Board for violating her contract

Takeaways • Only Board has the authority to place students in an alternate program for more than 10

days • Exception: Board may authorize Superintendent to suspend pupil . . . for a period

not to exceed 10 school days. • School Code:

• Students can only be placed in an alternate program for more than 10 days after requesting parents to appear at Board meeting or with a Hearing Officer

105 ILCS 5/10-22.6, Suspension or expulsion of pupils; School searches Section (a)

• Threshold = Gross Disobedience or Misconduct • Protections for parent/student – for expulsions:

• Board to put in writing: • Reason for expulsion; and • Rationale as to length of expulsion.

• Protections for parent/student – for suspensions: • Board to put in writing:

• Detail specific act of gross disobedience or misconduct; and • Rationale for length of suspension

State Protection: Illinois School Code


105 ILCS 5/10-22.6, Suspension or expulsion of pupils; School searches Section (b-5)

• Limit the number AND duration of expulsions and suspensions • Use forms of non-exclusionary discipline first

Section (b-10)

• No zero-tolerance policies Section (b-20)

• Sets parameters/thresholds for: • 1-3 day OSS • 4 day OSS • 5-10 day OSS

State Protection: Illinois School Code - NEW


1-3 Days - Short Term Suspension • Standard :

• Can only issue a 1-3 day suspension IF: • Student poses a threat to school safety or • A disruption to others’ learning opportunities.

• Reasonable Steps to Minimize Suspension:

• School officials must: • 1) Take all reasonable steps to resolve such threats; • 2) Address such disruptions; and • 3) Minimize the length of the suspension.

Suspensions (Out of School)


4 Day Suspension – Longer Term Suspension • Standard :

• Can only issue a 4 day suspension or more IF student’s presence would: • Pose a threat or • Substantially disrupt, impede or interfere with the operations of the school.

• Reasonable Steps to Minimize Suspension: • School officials must:

• 1) Take all reasonable steps to resolve such threats; • 2) Address such disruptions; and • 3) Minimize the length of the suspension.

• Interventions Exhausted: • School officials must also:

• Determine whether other appropriate and available disciplinary and behavioral interventions have been exhausted.



• Specific to a Student with a Disability: • What Does the IEP Say • Functional Behavior Assessment • Behavior Intervention Plan

• General to all Students • Correspondence with parent/guardian about

behaviors • Check-in and check-outs • Behavioral contracts

• In-school suspensions

Examples of Behavioral and Disciplinary Interventions


5-10 Day Suspensions – Longer Term Suspension • All requirements of 4 Day Suspension apply (see previous slide) • Provide Support Services:

• If available, School officials MUST provide the student appropriate and available support services during the suspension. • Counseling • Social Work • Tutoring to Facilitate Making Up Classwork Missed • Placement in an Alternative School or Program • Referrals to Outside Resources



Considered a change in placement or expulsion under the IDEA, Need to hold a Manifestation Determination Review (MDR) to consider two questions:

• Whether the behavior was caused by, or had a direct and substantial relationship to, the student’s disability?

• Whether the behavior resulted from a failure to implement the

IEP?

What Happens After 10 Days?


All Suspensions (Out of School)


• Make-up work • All students to have an opportunity to make up missed work

• Return-to-school plan • School must create a plan to facilitate student’s return to school

• Meeting with school counselor; • Social worker sessions; • Behavior Contract; • Mediation with other students; or • Check-in/Check-out.

• Appeal to Board • Written Decision includes:

• Act of misconduct • Rationale for length of suspension • Interventions attempted? • Appropriate and available support services?

State Protection: Illinois Administrative Code


23 Ill. Admin. Code 226.400: Disciplinary Actions

• Conform to 34 C.F.R. 300.530 through 300.536 and • 105 ILCS 5/10-22.6 of the School Code • Suspensions or Expulsions > 10 cumulative days in any one school year –

• District is required to: • Convene IEP meeting and review BIP; or • Develop a BIP.

• 226.410-226.440

• REPEALED – MDR, Appeals, Protections for Children Not Yet Eligible, and Referral to and Action by Law Enforcement and Judicial Authorities

105 ILCS 5/10-13A: Alternative Public Schools

• School districts must ensure they are safe and appropriate educational environments for all students

• Administratively transfer disruptive students from schools to APS • Who is a “disruptive student”?

• Students in grades 6 – 12 who are eligible for suspension/expulsion. ***In addition to suspensions and expulsions, P.A. 99-0456 specifically applies to “disciplinary removals to alternative schools.” ***

State Protection: Safe Schools Act


Gray Areas…


• 1) Student with a disability who has been sent home early • Considered a removal for the whole day and counts towards 10 days.

• 2) Social Suspensions as a disciplinary intervention – can you limit extracurricular activities (e.g. sports, prom, field trips, etc.)?

• It’s a restrictive intervention, may require weigh-in from IEP team, if these are important opportunities for SWD to have interaction with non-disabled students.

• S.S v. Homewood Flossmoor High School District 233

• 3) Common Sense – Proportionality

• 4) Utilization of ALOPs – Article 13b

• Bus Suspensions – New requirements apply to bus suspensions. Bus suspensions in excess of 10 days are still permitted if the Board determines such extension is necessary for safety reasons.

• Monetary Fines – No longer may students be issued monetary

fines as a disciplinary consequence. • Can’t “counsel-out” - school officials shall not advise/encourage

students to drop out due to behavioral or academic difficulties. • Re-engagement Policies – School districts shall create policies

that facilitate the re-engagement of students who are returning from the exclusionary consequence.

Discipline Rules That Changed


How the Law Addresses YOU


Section (c-5) • “Ongoing professional development to teachers, administrators, . . .

and staff on the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, and developmentally appropriate disciplinary methods that promote positive and healthy school climates.”

• Suspensions up to 10 days • Notice of Suspensions • Expulsions can occur for up to 2 years for acts of gross disobedience

or misconduct • Notice of Expulsions • Suspensions and Expulsions from school and school activities and

from being on school grounds

Discipline Rules that Stay the Same


Public Act 98-1102 - Discipline Data Legislation

(eff. August 26, 2014)

Public Act 99-0456 - Discipline Reform Legislation (eff. September 15, 2016)

Illinois Discipline Reform Legislation: Two Key Bills


P.A. 98-1102 105 ILCS 5/2-3.162

Student discipline report; school discipline improvement plan


Data Reporting Requirements


Starting October 31, 2015 (and on or before this date in all subsequent years): ISBE to release data from all school districts on:

• Total out of school suspensions; • Expulsions; and • Removals to alternative settings.

Report to have disaggregated data based on:

• Race/ethnicity; • Gender; • Age; • Grade level; • LEP; • Incident type; and • Duration

ISBE Data Link: http://www.isbe.net/research/htmls/eoy_report.htm

http://www.isbe.net/research/htmls/eoy_report.htm



P.A. 98-1102 105 ILCS 5/2-3.162

Student discipline report; school discipline improvement plan


Data Reporting Requirements


Indicator 4A: The % of districts that have a significant discrepancy in the rates of suspensions, in excess of 10 days, and expulsions in a school year for children with IEPs. Indicator 4B: The % of districts that have a significant discrepancy, by race or ethnicity, in the rate of suspensions, in excess of 10 days, and expulsions in a school year for children with IEPs.

Data for Students with Disabilities


Approach to Scenarios:


Overall Considerations: • What are the steps prior to implementing exclusionary discipline? • If you must resort to exclusionary discipline, what are taking into

consideration here? Scenario 1: Dan and David the Disrupter Scenario 2: What You Lookin At?!

Approach to Scenarios:


1st Incident Occurs

2nd Consider Immediate Classroom

Based or Restorative Interventions

3rd Gather Information

4th

Refer Student to Appropriate Support Services and Interventions

5th Document All Interventions

6th Determine Exclusionary Discipline

• Revise Student Discipline Policy • Remove Zero-Tolerance offenses • Procedure for documenting steps taken • Procedure for allowing make-up work • Protocol/template for Reengagement Plan • Assess need for Implicit Bias training • Delegate Board Authority • Do an Inventory of Non-Exclusionary Discipline Options:

• In-school suspension • Detention • School Psychologist and other school-based mental health professionals • Removal of student privileges

Preparing for P.A. 99-0456’s Implementation


Trainings


Illinois Principals Association : SB 100 and Alternatives to Exclusionary Discipline

• August 5, 2016 - Collinsville, IL • August 12, 2016 - Moline, IL • August 10, 2016 - Online • September 22, 2016 - Online • November 15, 2016 - Online • January 24, 2017 - Online • March 7, 2017 - Online • May 9, 2017 - Online

http://connect.ilprincipals.org/blogs/alison-maley/2016/02/11/sb-100-and-alternatives-to-exclusionary-discipline




Trainings Continued…


Transforming School Discipline Collaborative (TSDC): Implementing School Discipline Reform: Strategies for Systemic Change

• August 9th – DeKalb Regional Office of Education • August 18th – DuPage Regional Office of Education • September 14th – Lake County Regional Office of Education

Other Resources Offered by TSDC: • Model Code of Conduct • P.A. 99-0456 Checklist




https://drive.google.com/file/d/0B8d8PTyuz_W_Q2doWHlJYmNBYUU/view

https://drive.google.com/file/d/0B8d8PTyuz_W_eE9FYVFFWDN2cEU/view



Resources: How Can WE Support You?


THANK YOU FOR YOUR TIME!

Students with Disabilities and the Impact of P.A. 99-0456:

Contact Information:

Presenter: Rupa Ramadurai, Assistant General Counsel

Email: [email protected]


mailto:[email protected]

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