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Key Issues in Discipline

The 2004 Amendments to IDEA. Key Issues in Discipline. Produced by NICHCY, 2007. This module looks at . Overview of discipline provisions in 2004 Amendments to IDEA What’s retained, what’s expanded, what’s new Case studies. Produced by NICHCY, 2007.

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Key Issues in Discipline

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  1. The 2004 Amendments to IDEA Key Issues in Discipline Produced by NICHCY, 2007

  2. This module looks at... • Overview of discipline provisions in 2004 Amendments to IDEA • What’s retained, what’s expanded, what’s new • Case studies Produced by NICHCY, 2007

  3. Overview of IDEA’s Discipline Provisions Produced by NICHCY, 2007 • Authority of school personnel • Manifestation determination • Services provisions • Interim alternative educational setting (IAES) • Appeals • Child’s placement during appeals • Protections for children not determined eligible for special education and related services • Change of placement because of disciplinary removals • Additional aspects

  4. Authority of School Personnel Child violates a code of student conduct Produced by NICHCY, 2007

  5. Authority of School Personnel What happens if the child violates a code of student conduct again? Produced by NICHCY, 2007

  6. Authority of School Personnel And on the 11th day… Produced by NICHCY, 2007

  7. Defining “Change of Placement” Produced by NICHCY, 2007

  8. Parent Notification Requirements: §300.530(h) On the Dateon which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct… • The LEA must: • notify the parents of that decision, and • provide the parents the procedural safeguards notice Produced by NICHCY, 2007

  9. Authority of School Personnel Produced by NICHCY, 2007 New Authority in IDEA Case-by-Case School personnel may consider any unique circumstances on a case-by-case basis in determining whether a change of placement is appropriate for a child with a disability §300.530(a)

  10. Authority of School Personnel Special Circumstances Produced by NICHCY, 2007

  11. Manifestation Determination New Standards in IDEA

  12. Manifestation Determination If Yes-- Produced by NICHCY, 2007

  13. Manifestation Determination If No–(Determination is that behavior is not a manifestation) Child is disciplined in the same manner and for the same length of time* as a child without disabilities would be disciplined except that services provisions apply * Child continues to receive services as described in 300.530(d) Produced by NICHCY, 2007

  14. Produced by NICHCY, 2007

  15. WhenServices Are Required Under §300.530(d) Where will the child receive those services? How is the services determination made? Who decides? Produced by NICHCY, 2007

  16. Appeals Requesting an appeal… No, not that kind of peel! Yes, that kind! Produced by NICHCY, 2007

  17. Appeals: Authority of Hearing Officer Hearing officer makes determination on the appeal on an expedited basis Produced by NICHCY, 2007

  18. Child’s Placement During Appeals Here— Or there? Produced by NICHCY, 2007

  19. Protections at §300.534 & Basis of Knowledge Produced by NICHCY, 2007

  20. Final Aspect Reporting crimes committed by children with disabilities Produced by NICHCY, 2007

  21. Putting It All Together Edward. Charlie. Liz. Produced by NICHCY, 2007

  22. Roundup Time! Produced by NICHCY, 2007

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