CASP 2006 Suspension and Expulsion: What Every School Psychologist Needs to Know

1. CASP 2006Suspension and Expulsion: What Every School Psychologist Needs to Know Randy Fall, Ph.D., Azusa Pacific University Ray Vincent, M.Miss., Consultant, Los Angeles County Office of Education Rob Jacobsen, Esq., Consultant, Los Angeles County Office of Education David R. Morrison, Ed.D., Azusa Pacific University

2. CASP 2006: Suspension and Expulsion Has “zero-tolerance” made schools safer? Schools have always been relatively safe places. They were safe prior to “zero tolerance”, and they remain safe after “zero tolerance.”

3. CASP 2006: Suspension and Expulsion No evidence that exclusion - changes student behavior - improves student outcomes Evidence that exclusion - increases dropout rates - increases rates of disruption (Council for Children with Behavior Disorders, June, 2002)

4. CASP 2006: Suspension and Expulsion Wagner (1991) reported that 74% of SED students who drop out are arrested within five years of dropping out. Hodgkinson (1995) reported that 82% of persons in state and local prisons are high school drop outs.

5. CASP 2006: Suspension and Expulsion • In 1994, the term zero tolerance assumed new significance when President Clinton signed into law the Gun Free Schools Act. This law required that all states that receive federal funds have in effect a state law requiring all local education agencies in the state to expel from school for a period of not less than one year any student who was found to have brought a weapon to school.

6. CASP 2006: Suspension and Expulsion Which of these is a weapon? Tweety Bird Keychain Chicken finger Rubber band and paper clip Nail Clipper

7. CASP 2006: Suspension and ExpulsionWhich of these is a weapon? • Tweety Bird Keychain • Chicken finger C. Rubber band D. Nail Clipper

8. CASP 2006: Suspension and Expulsion Which of these is a weapon? Chicken finger • Christopher Kissinger, an 8-year-old first-grader at South Elementary School in Jonesboro, AR was suspended from school for 3 days in January, 2001 for aiming a chicken strip toward a teacher and saying, “Pow, pow, pow” (The Associated Press State & Local Wire, 2001). Tweety Bird Keychain • ACLU of Georgia represents student suspended from school for carrying “Tweety Bird” key chain. Available at www.aclu.org/news/2000/n100200.html. See also Georgia girl’s Tweety Bird chain runs afoul of weapons policy. Available at http://www.cnn.com/2000/US/09/28/wallet.suspension.02/.

9. CASP 2006: Suspension and Expulsion Student brings a gun catalog to school 8th grader Has a heart ailment that prevents him from participating at recess or PE. Brought it to read Principal wants your recommendation about discipline

10. CASP 2006: Suspension and Expulsion Student brings a gun catalog to school The catalog turns out to be a BB gun catalog The guns are realistic-looking BB guns from Taiwan – e.g., looks like an AK-47. You interview the student: Owns one BB gun, shoots targets in his cousin’s back yard Says he doesn’t ever shoot at people No apparent fascination with guns Never has brought his BB gun to school Brought the catalog as something to look at. Didn’t show it to anyone else No prior behavior incidents

11. CASP 2006: Suspension and Expulsion • Assumption that school is a reinforcing environment, therefore, remove the reinforcement, reduce the behavior • If school is a punishing environment, suspension and expulsion maintain and increase the behavior • Not an immediate reinforcer, requires thought and reflection. Example, “I hope nothing happens today.”

12. Mandatory Expulsion (Education Code 48915(c)) • Act must be committed at school or school activity. • Firearm • Possessing firearm when a district employee verified firearm possession and when student did not have prior written permission from a certificated employee which is concurred with by the principal or designee. Selling or otherwise furnishing a firearm • Brandishing a knife at another person. • Unlawfully selling a controlled substance listed in Health and Safety Code Section 11053 et. seq. • Committing or attempting to commit a sexual assault as defined in subdivision (n) of 48900 or committing sexual battery as defined in subdivision (n) of 48900. • Possession of an explosive.

13. Expulsion Expected • must be committed at school or school activity. • Education Code Section 48915 (a) states that an administrator shall recommend expulsion for the following violations [except for subsections (c) and (e)] unless the administrator finds that expulsion is inappropriate due to a particular circumstance. • Causing serious physical injury to another person, except in self-defense. Education Code Section 48915 (a)(1). • Possession of any knife, explosive, or other dangerous object of no reasonable use to the pupil. Education Code Section 48915 (a)(2). • Possession and/or use of any substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for the first offense for possession of not more than one avoirdupois ounce of marijuana other than concentrated cannabis.

14. Expulsion Expected • Robbery or extortion. Education Code Section 48915 (a)(4). • Assault or battery, or threat of, on a school employee. • The recommendation for expulsion shall be based on one or both of the following: • Other means of correction are not feasible or have repeatedly failed to bring about proper conduct. • Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others [see Section 48915 (b)].

15. Discretionary • Acts committed at school or school activity or on the way to and from school or school activity • Inflicted physical injury† • Possessed dangerous objects • Possessed drugs or alcohol   (policy determines which offense) • Sold look alike substance representing drugs or alcohol • Committed robbery/extortion • Caused damage to property‡ • Committed theft • Used tobacco (policy determines which offense) • Committed obscenity/profanity/vulgarity • Possessed or sold drug paraphernalia

16. Discretionary (continued) • Disrupted or defied school staff • Received stolen property • Possessed imitation firearm • Committed sexual harassment • Harassed, threatened or intimidated a student witness • Sold prescription drug Soma • Committed hazing • The recommendation for expulsion shall be based on one or both of the following: • Other means of correction are not feasible or have repeatedly failed to bring about proper conduct. • Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others [see Section 48915 (b)].

17. Case #1 Student brings a tiny toy gun to school

18. Case #2 Student brings a gun catalog to school 8th grader Has a heart ailment that prevents him from participating at recess or PE. Brought it to read Principal wants your recommendation about discipline

19. Case #3 Student brings a slingshot to school 4th grader no discipline history brought it to show his friends

20. CASP 2006: Suspension and Expulsion Laws Governing Suspension and Expulsion • Safe School Guarantee "Students and staff of public schools have the inalienable right to attend campuses that are safe, secure, and peaceful." (California Constitution, Article I, Section 28) • California Education Code Chapter 6. Pupil Rights and Responsibilities Article 1. Suspension and Expulsion Sections 48900 through 48927

21. CASP 2006: Suspension and Expulsion Select Education Code Provisions • 48900 Grounds for suspension or expulsion (48900.2-48900.7) • 48911 Suspension • 48915 Expulsion, particular circumstances • 48915.5 Expulsion of pupils with exceptional needs • 48918 Rules governing expulsion procedures

22. CASP 2006: Suspension and Expulsion Suspension from School (48911) • Principal, principal's designee, or the superintendent authorized • Requires 48900(a-s) violation • Preceded by informal conference with student • Maximum of five consecutive school days • Applicable to both regular and special education students (48900.5) • Imposed only when other interventions fail (48900.5)

23. CASP 2006: Suspension and Expulsion Expulsion • Principal or the superintendent recommends • Permissive recommendation and permissive order (48915) • Mandatory recommendation and mandatory order (48915) • Mandatory recommendation and permissive order (48915) • Local rules and regulations (48918) • Hearing rights (48918) • Substantial evidence standard (48918)

24. CASP 2006: Suspension and Expulsion Special Needs Pupils • Education Code Section 48915.5 • Title 20 USC Section 1415(k) • Title 34 CFR Sections 300.519 through 300.529 • Behavior interventions • Manifestation determination and placement review

25. CASP 2006: Suspension and Expulsion Preparation for Expulsion (the first five days) • Review the file • Appropriate Behavior Assessments • Appropriate Academic Assessment • Date of the last psychoeducational assessment • If the psycho-evaluation is more than 2 years old, you should do a new, appropriate assessment • May need academic and/or social-emotional assessment

26. CASP 2006: Suspension and Expulsion Preparation for Expulsion (the first five days) • Check to see if there is a current Behavior Intervention Plan (BIP) in place for this or any other type of behavior problems • In most cases, you cannot go forward without it

27. CASP 2006: Suspension and Expulsion Preparation for Expulsion (the first five days) Responsibilities of the school psychologist: • Conversation with Parents • Conversation with General Ed. Teacher • Conversation with Special Education Teacher • Conversation with Site Administrator • Conversation with the District Administrator

28. CASP 2006: Suspension and Expulsion Preparation for Expulsion (the first five days) Tips for working with Parents • Prior involvement with the parent • Talk with a smile on your face • Listen to their side of the story • Ask questions in a non-accusatory manner • Don’t argue with them • Don’t give the school’s side of the story if you know it • Act as a student advocate

29. CASP 2006: Suspension and Expulsion Preparation for Expulsion (the first five days) Tips for working with Parents • If they say that they want a lawyer, tell them that they can have one, but would they consider waiting until you have investigated the incident and presented a solution to the problem • Main Emphasis: Try to de-escalate their anger/frustration if they show this • Summary: Clarify what you have heard by paraphrasing the essence of their story

30. CASP 2006: Suspension and Expulsion Preparation for Expulsion (the first five days) Working with General Education and Special Education teachers • Follow the points listed in the previous slide with parents • Find out the teacher’s perspective on the students current history of behavior and academic success. • Obtain the latest academic testing results (W-J, etc.) • If necessary, have them re-assess them with W-J or equivalent.

31. CASP 2006: Suspension and Expulsion Preparation for Expulsion (the first five days) Working with School Administrators • Follow the points listed in the Parent Slide • Try to determine what outcomes the Admin. Wants • Work with the Admin. and let them know that you want to do what is best for the student and the school

32. CASP 2006: Suspension and Expulsion Preparation for Expulsion (the first five days) • Conversation with the District Administrator who will be conducting the meeting • Review the case • Communicate the findings

33. CASP 2006: Suspension and Expulsion Preparation for Expulsion (the first five days) • Before you go to the manifestation determination meeting, make sure you have: • Addendum page • Manifestation determination form • Optional page (the page that has lines to write additional comments)

34. CASP 2006: Suspension and Expulsion Conducting the Manifestation Determination Meeting Setting the stage: We’re here to make the best of a difficult situation • As you proceed during the meeting, don’t be accusatory towards the parents. • Don’t argue with the site administrator during the meeting. Make sure that you are on the same page with them before the meeting starts.

35. CASP 2006: Suspension and Expulsion Conducting the Manifestation Determination Meeting Review the Manifestation Determination Form going line by line with the parent, student, and school personnel. • Review current placement • Review history – what interventions have been provided such as BIP’s, classroom strategies, counseling, progressive discipline, etc. • Review the incident

36. CASP 2006: Suspension and Expulsion Conducting the Manifestation Determination Meeting Key points that need to be covered with clarity: • Was the student in an appropriate placement prior to the incident? • Was the behavior exhibited in the incident a result of the student’s disability? • Does the student know right from wrong?

37. CASP 2006: Suspension and Expulsion Conducting the Manifestation Determination Meeting • Help the parents understand the process. Explain each item, particularly if the look on the parent’s face indicates that they are not on the same page as you. • Before they sign the document, make sure that they understand what has just transpired. • It is a team decision based on the answers given to questions “a” through “e” on the form

38. CASP 2006: Suspension and Expulsion Importance of Process • Parent challenge to manifestation determination (34 CFR 300.507 (Fair Hearing) and 300.514 (Stay Put)) • Parent dissatisfaction leads to appeals • Review by County Board on appeal (48922)

39. CASP 2006: Suspension and Expulsion Developing alternatives to expulsion What do you do if you can’t proceed with expulsion? • Stay at the current school • Transfer to another school within the district • NPS placement • Continuation School • Community Day School • ISP • Home Teaching

40. CASP 2006: Suspension and Expulsion What are your options if the student clears manifestation determination review? • Intervention/Discipline Plan • Expulsion, but suspend the enforcement • Expulsion

41. CASP 2006: Suspension and Expulsion At the expulsion hearing: • Do not talk about special education issues • Do talk about how other means of correction have not brought proper conduct or are not feasible

42. CASP 2006: Suspension and Expulsion Provision of Educational Services to Expelled Students • Requirement to refer to a program of study. (48915) • AB 922 Plan (48926) ". . . plan shall enumerate existing educational alternatives for expelled pupils, identify gaps in educational services to expelled pupils, and strategies for filling those service gaps. . . ."

43. CASP 2006: Suspension and Expulsion Readmission (48916) • Duration of expulsion order • Plan of rehabilitation • Rules and regulations establishing procedure for processing requests for readmission • Presumption for readmission

44. CASP 2006: Suspension and Expulsion • Students are required to complete a rehabilitation plan which may include the following: • Social Skills Training • Drug Counseling • Academic Counseling • Psychological services • Out Patient support services • Parent Training • Attendance / Grades

45. CASP 2006: Suspension and Expulsion • When the student meets the conditions of the rehabilitation plan, the student returns to a district setting. • Successful completion of the rehabilitation plan is a measure of a process standard not a measure of an outcome standard. • Measured by yes or no questions i.e., Did you complete parent training, attend classes, etc. yes or no ?, it does not asses the intended outcome of the participation ( qualitative)

46. CASP 2006: Suspension and Expulsion Alternatives to expulsion for the most challenging students: the example of the emotionally disturbed student The child classified as emotionally disturbed creates many challenges. This child often doesn’t fit established social and institutional assumptions regarding the best interest of the child.

47. CASP 2006: Suspension and Expulsion • Children with the classification of Emotional Disturbance (ED) provide unique challenges for school psychologists • ED classification precludes the option of expulsion for behavior • As behavior escalates the challenges of intervention become more complex creating more demands on the IEP process

48. CASP 2006: Suspension and Expulsion • Assumptions about ED children and their parents often run counter to what the child needs in the way of interventions. Most interventions are appropriate and effective for most children, however some children, due to the severity of the pathology, are not amenable to the options that are available or preferred.

49. CASP 2006: Suspension and Expulsion Common Assumptions • Parents are vested in the health and well- being of their child. • Evidence of behavior problems in young children are developmental in nature and not an indication of severity of pathology • Traditional school settings are always preferred to alternative settings

50. CASP 2006: Suspension and Expulsion Parents are Vested in Their Child • Not always, home is not always the best place to be. Parents are often the cause of the problem and can have a vested need to keep the child’s pathology active. Grandparents are sometimes identified as an appropriate alternative to the parent. Grandparents are often just as problematic (an older version of the parent). Pathology can be generational.