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Disciplinary Procedures Special Education Laws Made Simple November 2013 – Austin, Texas National Business Institute

Disciplinary Procedures Special Education Laws Made Simple November 2013 – Austin, Texas National Business Institute. Presented by Sarah S. Flournoy , J.D., Ed.D . Of Counsel, West & Associates, LLP. Issues To Consider. Educational Impact Disciplinary Consequences .

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Disciplinary Procedures Special Education Laws Made Simple November 2013 – Austin, Texas National Business Institute

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  1. Disciplinary ProceduresSpecial Education Laws Made SimpleNovember 2013 – Austin, Texas National Business Institute Presented by Sarah S. Flournoy, J.D., Ed.D. Of Counsel, West & Associates, LLP

  2. Issues To Consider • Educational Impact • Disciplinary Consequences

  3. Managing Behavioral Issues

  4. Managing Behavioral IssuesFunctional Behavioral Assessments (FBAs) • Parents’ informed consent necessary • Attempt to clearly identify problem • Gather all available information • Review student records • Observation • Faculty reports • Indirect and direct data • ARD committee forms hypothesis on catalyst

  5. Managing Behavioral IssuesBehavioral Intervention Plans (BIPs) • Effort to test FBA conclusions • Generated by ARD committee • Part of IEP • Assessable/measurable goals • Disseminated to relevant campus staff • Training requirements apply • Regular assessment of progress

  6. Managing Behavioral IssuesPhysical Restraints and Isolation Techniques • Prohibited • Confinement in locked box, closet, or other specially designed space • Seclusion • Restraint • Only in emergency and • Only as long as emergency persists • By trained personnel • Reasonable to circumstances • Thoroughly documented

  7. Managing Behavioral IssuesPhysical Restraints and Isolation Techniques • Time-outs • Part of student’s BIP (and therefore IEP) • Cannot use physical force or threat of to get there • Used with assortment of positive behavior intervention strategies and techniques • Cannot preclude student from being involved in and progression in general curriculum and goals • Personnel must be trained

  8. Managing Behavioral IssuesPhysical Restraints and Isolation Techniques • Problems • What is restraint and timeout? • Student can wiggle out…then okay • Reasonable…then okay • What is the LEA’s liability? • Qualified immunity as government entity • Special relationship exception • Training exception • Student must always receive FAPE

  9. Disciplinary Procedures • FAPE must still be provided • Due Process protections

  10. Disciplinary ProceduresSuspensions and Expulsions

  11. Disciplinary ProceduresDisciplinary Changes in Placement • Disciplinary removals okay as long as not change in placement • Change in placement equals • Removal for more than 10 consecutive days; or • Pattern of removals for more than 10 cumulative days in a school year • 45 day exceptions

  12. Disciplinary ProceduresManifestation Determinations • If order of hearing officer constitutes change in placement for student • Manifestation Team Determines • Was the conduct caused by or hand a direct and substantial relationship to the student’s disability, or • Was the conduct a direct result of the local education agency’s failure to implement the student’s IEP or BIP?

  13. Disciplinary ProceduresInterim Alternative Educational Settings • Must provide student with • Ability to participate in general curriculum • Allow continued use of services and modifications • Include services to help address behavioral issues • If no, cannot provide FAPE and disqualified

  14. Disciplinary ProceduresStudents Not Yet Eligible • Generally IDEA protections only apply to eligible students • Exceptions • School on notice • 504 protections • Mitigating factors under Texas law

  15. Disciplinary ProceduresExpedited Due Process Hearings • Available if requested in response to: • Placement decision • Made on disciplinary grounds • Steps the same, but timeline accelerated • Resolution meeting within 7 days of complaint • Hearing within 20 school days of complaint • Determination within 20 school days of hearing • Decision “issued and mailed” within 45 days of complaint

  16. Miscellaneous • FERPA • No limits on reporting crimes • Can discipline for off campus behavior if nexus exists

  17. Managing Behavioral Issues

  18. Questions? Sarah S. Flournoy, J.D., Ed.D. Of Counsel, West & Associates, LLP 320 South R. L. Thornton Frwy, Suite 300 Dallas, Texas 75203 Sarah.f@westllp.com 214.941.1881

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