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Special Education and Discipline April 8, 2013
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Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

Jan 12, 2016

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Page 1: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

Special Education and Discipline

April 8, 2013

Page 2: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

What Counts as a Suspension? Partial days = full days of removal.

If restrictions/conditions are imposed, eachday out until condition is met is a day of removal (e.g., parent meeting, psych eval).

If removed at district request it is a day of removal.

Each missed school day due to bus suspension, if transportation is included in IEP, is a day of removal.

If removal is part of a behavior intervention plan (BIP) that is NOT written in the IEP it is a removal.

Page 3: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

What Does NOT Count as a Suspension?

In-school suspensions do not need to be counted as suspension days if:

The student is given his/her classroom work to complete during the ISS,

Continues to receive special education services specified in the IEP, and

Continues to participate with nondisabled peers to the same extent that they would have without the ISS

The student must be able to earn credit for work completed during the ISS

Page 4: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

Timelines 1+ days of suspension: classwork provided, must earn

credit for work done, track days on Discipline Tracking Record

Around 6th day: Functional Assessment and Behavior Plan

10th day: Manifestation Determination Review and Discipline paperwork (from MiStar/Zangle) plus plan for how special education services will be provided during any additional suspensions

More than 10 days: Special education services must be provided during suspension. Determine if a change of placement exists. If yes: convene MDR, discipline paperwork and Interim Alternate Educational Setting (IAES) form if not a manifestation of disability and suspension will continue beyond MDR

Page 5: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

Discipline Tracking Record1

DESCRIPTION OF BEHAVIORSUBJECT TODISCIPLINE

2Date

suspensionIssued

3Date

suspensionlength is

determined

4Length of

suspension

5Dates of

thesuspension

6Cumulative

days ofsuspension:New Total

7Is there a pattern of removal (after the 10th day), or does this suspension

exceed 10 consecutive school

days?

8Date of parentnotice

9MDR dates

10Interventions, if any, that are implemented

after the incident

Incident #1:

From___To_____

□ N.A.□ Yes □ No

□ N.A.□ Date:

______

Incident #2:From_______ To_________

□ N.A.□ Yes □ No

□ N.A.□ Date:

_______

Incident #3:From_______To_________

□ N.A.□ Yes □ No

□ N.A.□ Date:

_______

Incident #4:From_______To_________

□ N.A.□ Yes □ No

□ N.A.□ Date:

_______

FBA/BIP Dates:__________; ____________; ____________; ____________; ___________; ____________

Page 6: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

An MDR must be convened on the 10th cumulative day of suspension (do not convene an MDR before the 9th day)

As well as if the student is removed for more than 10 consecutive days, -or-

If the student has been subjected to a series of removals that constitute a pattern after the 10th cumulative day of suspension

When is a Manifestation Determination Review Held?

Page 7: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

NOTICE OF A CHANGE OF PLACEMENT AS A RESULT OF A DISCIPLINARY REMOVAL Dear (Parent/Guardian): Date: You are receiving this notice to inform you that (student’s name) suspension issued on (date) constitutes a change in placement and requires the IEP Team to convene a Manifestation Determination Review (MDR) meeting.

The purpose of the MDR meeting will be to make a determination as to whether (student’s first name) conduct was a manifestation of (his/her) disability.

The MDR meeting: □ Is scheduled for (date). Enclosed you will find a formal meeting invitation requesting your participation. □ Will be convened within the next 5 to 10 school days. You will be sent a formal meeting invitation regarding the specific date. We have enclosed a copy of the Procedural Safeguards Notice and a list of the available resources to assist you in understanding your rights. The Procedural Safeguard Notice includes information regarding the MDR process. Sincerely,

Found on MiStar (Zangle)

Page 8: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

MANIFESTATION DETERMINATION REVIEW (MDR) DEMOGRAPHIC INFORMATION MDR Date:

Name: Primary Disability:

Student ID: School: DOB: Grade: Most Recent IEP Date:

PARTICIPANTS

District Representative (required) Student (if appropriate)

Relevant Member of the IEP Team Parent/Guardian/Surrogate

Relevant Member of the IEP Team Other/Title

Relevant Member of the IEP Team Other/Title

Section I. Describe in detail the behavior subject to disciplinary removal: Date suspension issued:_______________

Section II. Review the following information and include a brief summary: The most recent diagnostic evaluations The student’s current IEP Any additional relevant information in the student’s file

Any teacher observations of the student Discipline incident reports

Relevant information provided by the parent

Section III. On the basis of the above review and the relationship of the behavior subject to discipline and the student’s disability, respond to both of the following statements, and give the rationale for the response: 1. The conduct in question

was caused by or had a direct and substantial relationship to the student’s disability.

Yes (Describe the relationship between the disability and the behavior.)

No (Describe why there is no relationship between the disability and the behavior.)

2. The conduct in question was the direct result of the school district’s failure to implement the current IEP.

Yes (List the areas of non-implementation and the impact on the behavior.)

No (List the areas of non-implementation. State why there is no impact on the behavior.)

No IEP was fully implemented.

If the determination of the team is “yes” to either of the statements, then the behavior must be considered a manifestation of the student’s disability, and the student returns to the previous placement (except in Special Circumstances or if the parent and district agree to a change in placement and convene an IEPT meeting).

Section IV. The determination of the IEP team is that behavior subject to discipline is: Not a manifestation of the disability- student subject to general education disciplinary procedures; records

forwarded for further disciplinary consideration. Educational services will be provided for the duration of the disciplinary removal and are documented on the Discipline Services Record or the IAES form.

A manifestation of the disability- records forwarded for termination of the disciplinary action; student reinstated into his/her school placement; and a functional behavior assessment/behavior intervention plan is initiated. Exceptions: A) special circumstances necessitate a 45 day interim alternative educational setting (conduct an IAES meeting); or B) parent and school district agree to a change in placement (conduct an IEPT meeting).

Revised August 2011

Found on MiStar (Zangle)

Page 9: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

Discipline Services Log

Case Manager:______________ Service Provider:__________________

Student:______________________ School:_______________________

Extent/ frequency of service(s):_________________________________

__________________________________________________________

□ Services determined by case manager in consultation with the student’s teachers and the school building’s administrator.

□ Services determined by MDR/IEP Team.

Type of Service: Date: Duration: Type of Service: Date: Duration: Type of Service: Date: Duration Type of Service: Date: Duration: Type of Service: Date: Duration:

Found on MiStar (Zangle)

Page 10: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

What is a Change of Placement?

A change in placement occurs in one of two situations:

The suspension is for more than 10 consecutive school days.

-or- The child has been suspended MORE than 10

cumulative days in a school year and the suspensions constitute a pattern.

Page 11: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

What Constitutes a Pattern?

Suspension over 10 cumulative days that:

Are a recurrence of substantially similar behavior leading to multiple suspensions

-or-

The suspensions are close in proximity to each other (i.e. removals are one or two weeks apart)

Page 12: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

After 10 Days of Suspension

Beginning with the 11th day of suspension in a school year, special education services must be provided during any additional days of suspension/removal so as to enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals in the student’s IEP

If the suspensions are a change in placement, a Manifestation Determination Review must be held; special education services must be determined by the IEPT and documented on the Interim Alternative Educational Setting (IAES) Form

Page 13: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

MANIFESTATION DETERMINATION REVIEW (MDR) DEMOGRAPHIC INFORMATION MDR Date:

Name: Primary Disability:

Student ID: School: DOB: Grade: Most Recent IEP Date:

PARTICIPANTS

District Representative (required) Student (if appropriate)

Relevant Member of the IEP Team Parent/Guardian/Surrogate

Relevant Member of the IEP Team Other/Title

Relevant Member of the IEP Team Other/Title

Section I. Describe in detail the behavior subject to disciplinary removal: Date suspension issued:_______________

Section II. Review the following information and include a brief summary: The most recent diagnostic evaluations The student’s current IEP Any additional relevant information in the student’s file

Any teacher observations of the student Discipline incident reports

Relevant information provided by the parent

Section III. On the basis of the above review and the relationship of the behavior subject to discipline and the student’s disability, respond to both of the following statements, and give the rationale for the response: 1. The conduct in question

was caused by or had a direct and substantial relationship to the student’s disability.

Yes (Describe the relationship between the disability and the behavior.)

No (Describe why there is no relationship between the disability and the behavior.)

2. The conduct in question was the direct result of the school district’s failure to implement the current IEP.

Yes (List the areas of non-implementation and the impact on the behavior.)

No (List the areas of non-implementation. State why there is no impact on the behavior.)

No IEP was fully implemented.

If the determination of the team is “yes” to either of the statements, then the behavior must be considered a manifestation of the student’s disability, and the student returns to the previous placement (except in Special Circumstances or if the parent and district agree to a change in placement and convene an IEPT meeting).

Section IV. The determination of the IEP team is that behavior subject to discipline is: Not a manifestation of the disability- student subject to general education disciplinary procedures; records

forwarded for further disciplinary consideration. Educational services will be provided for the duration of the disciplinary removal and are documented on the Discipline Services Record or the IAES form.

A manifestation of the disability- records forwarded for termination of the disciplinary action; student reinstated into his/her school placement; and a functional behavior assessment/behavior intervention plan is initiated. Exceptions: A) special circumstances necessitate a 45 day interim alternative educational setting (conduct an IAES meeting); or B) parent and school district agree to a change in placement (conduct an IEPT meeting).

Revised August 2011

Found on MiStar (Zangle)

Page 14: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

INTERIM ALTERNATIVE EDUCATIONAL SETTING (IAES)

DEMOGRAPHIC INFORMATION IAES Date:

Name: School:

Student ID: MDR Date: DOB: Grade: Most Recent IEP Date: Participants: Check box of staff qualified to explain instructional implications of assessments.

District Representative* Student (if appropriate)

General Education Teacher* Parent*

Special Education Provider* Parent

Other Other

*Required participants.

Length of Removal:

Removal for Special Circumstances - up to 45 days Change of Placement – up to 180 days Section I: Interim Alternative Educational Setting (IAES)

( Documentation of all steps is required) Number of days of current removal. Date suspension issued:________________

Review current goals and objectives (attach copy).

List goals to be addressed.

Describe the services to be provided to enable the student:

To participate in the general education curriculum.

To progress toward meeting the goals.

Conduct a functional behavior assessment (FBA) and behavioral interventions (or review existing), as appropriate.

Describe services and modifications designed to prevent the behavior from happening again.

Date of existing plan:

IAES Indicate the location in which the services will be provided.

Section II: Implementation IAES and services to be in effect through . The following person will ensure Implementation: . The Individuals with Disabilities Education Act (IDEA) requires notice of intent to change placement. August 2011

Found on MiStar (Zangle)

Page 15: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

Notice Form

NOTICE FOR PROVISION OF PROGRAMS AND SERVICES

The Individuals with Disabilities Education Act (IDEA) mandates that the district provide written notice to the parent when the district proposes to initiate or change the educational placement of the student or the provision of a Free Appropriate Public Education (FAPE) to the student; or when they refuse to initiate or change the educational placement of the student or the provision of a FAPE to the student.

You are receiving this notice for: . (student name) (student ID)

You are receiving this notice because we are offering the provision of FAPE. The programs and services will begin on

and will be located at . This proposal is the result of

the Individualized Education Program (IEP) team meeting, dated that was convened for the purpose of

(check all that apply)

Annual IEP Add/Remove/Change Reevaluation/Three Year IEP Transition Graduation or Age 26 Behavior Review Other: _____________________________________

Upon district signature (see bold box below), this notice and the student’s IEP constitute the district’s offer of a FAPE.

You are receiving this notice because we are offering the provision of a FAPE. This proposal is the result of the attached Individualized Education Program (IEP) Amendment dated _________________.

You are receiving this notice because we are offering the provision of a FAPE. This proposal is the result of a change of placement which occurred due to your student's suspension/expulsion and is documented on the attached Interim

Alternative Educational Setting (IAES) form dated .

You are receiving this notice because your student was found ineligible for special education programs and services at the

Individualized Education Program (IEP) team meeting, dated , that was convened for the purpose of a

reevaluation IEP.

The IEP describes each evaluation procedure, assessment, record, or report used in this offer of a FAPE. In the course of the development of the IEP, other options (e.g., programs and services, supplementary aids and services) considered but not selected were:

Option Considered but Not Selected Reason Not Selected

No other options were considered.

Other factors that are relevant to the district’s proposal or refusal (describe):

There are no other factors that are relevant to the district’s proposal or refusal.

If the IEP team has determined that programs and services will be provided in a district other than the student’s district of residence:

The resident district authorizes/authorized the operating district

to conduct subsequent IEP team meetings.

The resident district will conduct subsequent IEP team meetings.

The Procedural Safeguards Notice you received describes protections under the IDEA. This notice and the list of available resources to assist you in understanding your rights is available at www.resa.net/downloads/specialeducationforms. The Procedural Safeguards Notice is also available at www.michigan.gov/documents/mde/May09-ProceduralSafeguardsNotice2786117.

x

Signature of Superintendent or Designee Date

Found on MiStar (Zangle)

Page 16: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

Discipline Services Log

Case Manager:______________ Service Provider:__________________

Student:______________________ School:_______________________

Extent/ frequency of service(s):_________________________________

__________________________________________________________

□ Services determined by case manager in consultation with the student’s teachers and the school building’s administrator.

□ Services determined by MDR/IEP Team.

Type of Service: Date: Duration: Type of Service: Date: Duration: Type of Service: Date: Duration Type of Service: Date: Duration: Type of Service: Date: Duration:

Found on MiStar (Zangle)

Page 17: Special Education and Discipline April 8, 2013. What Counts as a Suspension? Partial days = full days of removal. If restrictions/conditions are imposed,

School Discipline

Removal Results in a total of: ▼

MDR meeting (Manifestation

Determination Review)

Educational services

during removal

FBA/BIP development (or review of an existing

BIP)

Reinstatement when a

manifestation of the disability is affirmed

< 10 days No Homework and Classwork

No, but school must follow any existing BIP.

NA

= 10 days

Yes

Yes, for all days over 10 in a school year.

Only if it is deemed

appropriate for student.

NA

> 10 days and a change in placement

Yes

Yes, for any on-going removal that follows a non-manifestation finding. Services are to be determined by IEP Team, and length of removal not limited.

Yes, if manifestation of disability is affirmed. If it is not affirmed, then FBA/BIP would only be developed if appropriate for the student.

Yes, and must correct any deficiencies in IEP implementation that were discovered.

> 10 days and a change in placement; manifestation affirmed, but it involves a “special circumstance”

Yes

Yes, for a period of up to 45 school days. Services determined by IEP Team.

Yes

No

> 10 days and a change in placement; manifestation affirmed, but likelihood of injury taken to Hearing Officer

Yes

Yes, for a period of up to 45 school days if it is supported by Hearing Officer. Services deter-mined by IEP Team/HO.

Yes

No

Begin the Functional Behavior Assessment and Behavior Plan process by the 6th day of suspension“Special Circumstance” suspensions involve drugs, weapons or serious bodilyinjury. Contact the Behavior Specialist immediately.