Discipline Requirements Under IDEA 2004

Discipline Requirements Under IDEA 2004 Exceptional Student Services Arizona Department of Education (602) 542-4013

Discipline for Special EducationIDEA 2004 This presentation represents the current understanding of the Arizona Department of Education, Exceptional Student Services. Recognize that new Regulations, court decisions and future OSEP interpretations may change or alter the guidance being provided.

General Rules Of Discipline • All students are entitled to certain rights. • Students with disabilities are treated like all other children until the end of the tenth day of suspension.

Discipline Procedure PEAs can remove a student with disabilities for a maximum of 10 cumulative school days per school year without providing FAPE.

Discipline Procedure Students with disabilities can be suspended more than 10 days but are entitled to receive FAPE on the 11th day.

Discipline Procedure For suspensions beyond 10 school days, the student’s IEP team must determine the need to conduct a FBA and develop a BIP and document the need for the decision if a FBA will not be conducted.

Discipline Procedure • If a BIP is already in effect, the IEP team must review the existing BIP to recommend any revisions that may be necessary.

Functional Behavior Assessment • A process for developing a useful understanding of how behavior relates to the environment. • Interviews • Observations • Reports from teachers and other professionals • Review of records

Behavior Intervention Plan • Behavior Supports • Proactive Strategies • Positive Interventions

Codes of Conduct Negative Reactive Applies to every student Is what the school does to students BIPs Positive Proactive Applies to select students Is what the school does for the student Code of Conduct v. BIP

Balancing Zero Tolerance with Zero Rejection • Identify programs geared toward preventing or mitigating problem behaviors • Early intervention strategies • Social skills training and positive behavioral supports • Violence prevention

Discipline Procedure Suspension of a student with disabilities for more than 10 school days in a school year constitutes a “change of placement.”

Change of Placement • 10 consecutive school days and/or • 10 cumulative school days that constitute a pattern When the student no longer has access to the general curriculum and his/her IEP is not being addressed, a change of placement has occurred.

Discipline Procedure If a series of short suspensions constitute a “change of placement,” the IEP team must determine what educational services are to be provided to the student during future suspensions.

Discipline Procedure An IEP meeting must be convened within 10 school days after a “change of placement” occurs to conduct a manifestation determination.

Notify Parents Provide Procedural Safeguards Notice Conduct Manifestation Determination Provide FAPE Within 10 Days:

Discipline Procedure A manifestation determination must be conducted by the student’s IEP team, including the parent, and other qualified personnel. The IEP team must determine whether the student’s behavior was a manifestation of his/her disability.

Manifestation DeterminationReview • NOT required when- • less than 10 days • IS required when- • reach 10 school days • change in placement • removal for drugs, weapons, or serious bodily injury

Manifestation DeterminationReview • The IEP team shall review all relevant information in the student’s file to determine • If the conduct was caused by or had a direct and substantial relationship to the disability • If the conduct was caused by a failure to implement the IEP.

Disciplinary Procedure If the IEP team determines the behavior was not a manifestation of the student’s disability, the student may be subjected to the same disciplinary action as a regular education student, but the student remains entitled to FAPE.

Manifestation Determination Review If the behavior involves drugs, serious bodily injury or weapons and isnot a manifestation of the disability … • Conduct the FBA, as appropriate • Develop or modify the BIP, as appropriate • Provide FAPE for the student during the entire extent of the suspension* *If student is in Jail (Secure Care), FAPE will be provided by Secure Care staff.

Discipline Procedure If the IEP team determines the behavior is a manifestation of the student’s disability, the student may not be suspended.

Manifestation Determination Review If the behavior is a manifestation of the disability … • Conduct a FBA, then develop a BIP if not already done prior to the determination • If a BIP has been developed, review it and modify as necessary • Return the student to the placement from which he/she was removed unless the parent and LEA agree to a change of placement

Manifestation Determination Review If the behavior was or was not a manifestation of the disability, but the IEP was not implemented as written: • Conduct the FBA • Develop or revise the BIP • Review and modify the IEP as necessary • Return the student to his/her placement and provide compensatory time as needed

Discipline Procedure PEAs may order a student with disabilities be placed in an interim alternative educational setting (IAES) for no more than 45 school days if the student is involved in matters of dangerous weapons , drugs or serious bodily injury regardless of relationship to disability.

IAES: Interim Alternative Educational Setting • To provide FAPE • No more than 45 school days • Placement by hearing officer if considered a danger to self or others • Can be reviewed and extended by IEP team

Discipline Procedure If a parent disagrees with an IEP team’s manifestation determination, he/she may request an expedited due process hearing to resolve the dispute.

APPEALS A parent may request a hearing if he/she disagrees with any decision regarding placement, manifestation determination, or with an LEA who believes that maintaining the current placement is likely to result in injury to the child or others.

APPEALS/STAY PUT • Student shall remain in IAES pending hearing decision or expiration of 45 days if the infraction involved drugs, weapons or serious bodily injury • Expedited hearing shall occur within 20 school days of the date the hearing is requested • A determination shall be made within 10 school days after the hearing • Parents who refused consent for evaluation or placement have no rights under IDEA discipline procedures

Discipline Procedure The PEA may order a change of placement to an IAES for a student with a disability, based on a case-by-case basis, for a for a code of conduct student violation:

Discipline Procedure • 10 days or less • May or may be a manifestation • IAES, another setting, or suspension • To the extent such alternatives are applied to students without disabilities

Discipline Procedure • More than 10 Days • Not a manifestation of the disability • Must provide FAPE • To the extent such alternatives are applied to students without disabilities • May be an IAES

Discipline Procedure A regular education student may assert the disciplinary protections of IDEA if the PEA “had knowledge” that the student was disabled prior to the student’s misconduct.

Discipline Procedure If a regular education student is facing expulsion and the parents assert that the student had a disability (and the district had knowledge), the PEA must conduct an expedited evaluation.

Before An Incident Occurs If a student displays behaviors that indicate the potential for suspension, timely interventions can prevent the need for such action. • Evaluation/Re-evaluation • Individual Education Plan • Behavior plans • All involved should be supported in the implementation of behavior plans.

“The goal of school discipline should be to change students' behavior, not eliminate them from school. “ -Eric P. Hartwig

Discipline Requirements Under IDEA 2004