Sue Gamm, Esq., Public Consulting Group

1. Session 4: IDEA Disciplinary Procedures REVIEW Sue Gamm, Esq., Public Consulting Group

2. Session 4

3. Cumulative Suspensions > 10 Days/ Year Change in Placement? Similar acts - Length of Each Total Days – Days Between Parent Notice (Day of decision) YES NO • Conduct: • 1. Caused by/directly & substan-tiallyrelated to disability? • 2. Direct result of failure to implement IEP? (10th day of decision) Manifestation? LEA Rep, parent & relevant IEP team members LEA & at least 1 of student’s teachers IEP Team NO: May Change Placement YES: No Change in Placement By 11th Total Day Services: To participate in gen ed curriculum & progress to meet IEP goals If NO: As appropriate: FBA & behavioral intervention doesn’t recur If YES: Conducts or reviews FBA/BIP Due Process Stay Put Applies

4. Special Circumstances Weapons, Drugs Serious Bodily Injury LEA Rep, parent & relevant IEP team members Manifestation Determination (By 10th day of decision) 45-School Day IAES Removal Parent Notice (Day of decision) If YES: Conducts or reviews FBA/BIP IEP Team If NO: As appropriate: FBA & behavioral intervention doesn’t recur (As of 11th Total Days) Services: To participate in gen ed curriculum & progress to meet IEP goals Due Process NO Stay Put

5. Key Decisions: Change in Placement Activity YES Manifestation NO Manifestation Weapon-Drug- SBI MDR (Relevant Team) Service Location Returns to/stays in current placement unless parent agrees otherwise Subject to discipline applicable to all May remove up to 45 school days regardless of manifestation FBA & BIP (IEP Team) As appropriate: FBA/BIP – so behavior doesn’t recur YES Man – MUST conduct NO Manifestation – As appropriate So Doesn’t Recur Conduct/review FBA & develop/review BIP to help student improve behavior Ed’l Services (IEP Team) Continue same or IEP modified services Ed services to continue participation in gen ed curriculum & progress toward meeting IEP goals

6. Removed > 10 days -- placement IS changed -- behavior NOT manifestation of disability Special circumstance: behavior NOT manifestation of disability As appropriate, FBA & BIP services/modifications to address behavior violation so does not recur FBA & BIPs Behavior IS manifestation - NO placement change -- NO special circumstance Conduct/review FBA & BIP Conduct/review FBA & BIP to address behavior so doesn’t recur Special circumstance: behavior IS manifestation of disability When behavior impedes student/other learning, consider (as approp) positive behavioral interventions & other strategies to address behavior. Behavior NOT manifestation of disability & NO placement change

7. Team Composition & Decisions • Trigger Activity Composition > 10 Days & NO Change in Placement School personnel & at least 1 of teachers Ed services to participate in gen ed curriculum & progress to meet IEP goals Change In Placement Manifestation Determination within 10 days of decision to change placement Relevant IEP Team Members IEP Team Educational Services FBA& BIP (Depends on MDR & Special Circumstances) IEP Team

8. Student Placement Pending Decision In IAES < 45 school days Unless Parent & LEA Rep Agree Other- wise Weapons, Drugs, SBI NO Weapons, Drugs, SBI “Stay Put” • Expedited Hearing: < 20 school days of hearing request; Decision < 10 school days of hearing • Resolution Meeting < 7 days & resolve < 15 days of request • Unless parent/LEA agree (in writing) to waive/use mediation

9. IDEA Due Process Hearings • Authority • Who Can Request Parent who disagrees with placement change decision, manifestation determination, IAES Return to placement from removed if removal noncompliant or behavior manifested by disability Order IAES < 45 school days if behavior substantially likely to result in injury; can repeat request LEA when believes maintaining placement is substantially likely to result in injury to student &/or others

10. Parent wrote to sup/admin or teacher re: concerns about child’s possible sped/RS needs DEEMED ELIGIBLE Teacher/Other Staff directly to sped director or other supervisory personnelexpressed specific concerns re: behavior pattern Evaluationwas requested for student before incident

11. Procedural safeguards apply, e.g., change in placement determination, manifestation determination, continuation of services, FBA/BIP Deemed Eligible NOT Deemed Eligible Use same safeguards applicable to students without disabilities engaging in comparable behaviors New Request for Evaluation Expeditebut student remains in placement determined by school authorities. If eligible, give sped & related services

12. Referral To & Action by Law Enforcement & Judicial Authorities • IDEA doesn’t prohibit reporting a crime committed by student with disabilities • Transmittal of Records • When report, give copies of student’s sped & disciplinary records for police consideration • FERPA: Requires parent consent to release

13. Application of Section 504 &ADA Generally, students with disabilities eligible for services only under Section 504/ADA (i.e., need supplementary aids &related services only) have procedural safeguards Safeguards don’t apply to: Behavior not manifested by a disability Offenses involving illegal drugs (& not in rehabilitation)

14. Indicator 4A - State Performance Plan Significantly discrepant rates of suspensions (> 10 days in school year) & expulsions % =1.5 times greater than LA SWD Average Formula Data 2009-10: .93% LA SwD Average Significant Discrepancy > 1.40

15. Thank You!