Required Services and Procedures for Students with Disabilities

1. Suspension & Expulsion Required Services and Procedures for Students with Disabilities Presented by Scott Hall and Ty Manieri 2010 Oregon Special Education Fall Conference Eugene, Oregon

2. Disciplining students under IDEA What constitutes a disciplinary removal? When is a disciplinary removal a change of placement? When is a student’s conduct a manifestation of the student’s disability? What special circumstances impact the required disciplinary procedural safeguards? State and Federal Discipline Provisions Federal – 20 USC 1415(k); 34 CFR §§ 300.530-537 State – ORS 343.155; OAR 581-015-2400 through -2445 Overview Student Learning & Partnerships 2

3. Current education placement – the placement described in the current IEP’s determination of placement Disciplinary removal - a suspension, expulsion, or removal from school for disciplinary reasons This includes any removal where the student does not have access to the general educational curriculum, IEP services, and participation with non-disabled peers. Definitions Student Learning & Partnerships 3

4. Disciplinary removals do not include: Removals by other agencies or for public health reasons, In-school suspensions if student has access to general curriculum, IEP services, and participation with non-disabled peers, Bus suspensions unless transportation is a related service. Definitions Student Learning & Partnerships 4

5. Disciplinary removals that do not constitute a change of placement Up to 10 school days Over 10 school days but not a pattern Disciplinary removals that do constitute a change of placement Over 10 school days (pattern or consecutive) Special Circumstances Removals to an Interim Alternative Educational Setting (IAES) by the district or an Administrative Law Judge Disciplinary Removals and Change of Placement Student Learning & Partnerships 5

6. Disciplinary Removals and Change of Placement • Transfer students • Count disciplinary removals by other Oregon educational agencies • Do not count disciplinary removals by non-Oregon education agencies • Determination of whether disciplinary removals constitute a pattern • District makes a case by case determination based on: • Whether behavior is similar to previous incidents resulting in removal, • Length, total time, proximity of removals.

7. Two categories Student is removed for 10 or less days Student is removed for 11 or more cumulative days that do not constitute a pattern Districts must provide the same services to special education student as general education student (access to general curriculum and special education services) Requires equity in policy and practice Manifestation determination not required Disciplinary removals that are not a change of placement Student Learning & Partnerships 7

8. After the 10th cumulative day of removal: The district must provide services addressing the general curriculum and the student’s IEP goals; and, The district, in consultation with the student’s teacher, determines the services that the student will receive during the removal. Disciplinary removals that are not a change of placement Student Learning & Partnerships 8

9. Two categories Student is removed for 11 or more consecutive days Student is removed for 11 or more cumulative days that constitute a pattern Manifestation determination is required Must be held within 10 school days of the decision to change the student’s placement The student must have access to the general education curriculum and special education services. Disciplinary removals that are a change of placement Student Learning & Partnerships 9

10. Participants – district staff, parents, IEP team members Team determined by parent and district Materials – student’s file, IEP, teacher observation, information from parent The team must determine if: The student’s conduct was caused by or had a direct relationship to the student’s disability; or, The student’s conduct was the result of a district’s failure to implement the student’s IEP. Manifestation Determination Student Learning & Partnerships 10

11. The district may discipline the student the same as general education students; The district should notify the parent of the change of placement and provide a copy of the procedural safeguards bulletin; The district must provide services to the student during the removal; and, Services are determined by the IEP team If appropriate, the district may conduct an FBA. If the student’s conduct is not a manifestation of the disability… Student Learning & Partnerships 11

12. Return the student to the current educational placement; Conduct an FBA; and, Develop or modify a behavioral plan to address the behavior. If the conduct was the result of the district’s failure to implement the IEP, the district must take steps to ensure future implementation of the IEP. If the student’s conduct is a manifestation of the disability… Student Learning & Partnerships 12

13. Two categories Removal by a school district for weapons, drugs, or serious bodily injury Removal by an Administrative Law Judge for injurious behavior Removal for same time as general education student – up to 45 school days Considered a change of placement Removals for Special Circumstances Student Learning & Partnerships 13

14. Student may be removed to an interim alternative educational setting (IAES) To be determined by the child’s IEP team; Enables the student to: continue to participate in the general educational setting; and, progress toward the student’s IEP goals Removals for Special Circumstances Student Learning & Partnerships 14

15. A manifestation determination is required within 10 school days of decision The MD decision will establish whether the student can be removed for longer than 45 days and whether a functional behavior assessment must be conducted Regardless of the outcome of the MD, the student must have access to the general education curriculum and the student’s IEP services. Removal to an IAES by a school district Student Learning & Partnerships 15

16. A school district may request that an ALJ order the removal of a student to an IAES for up to 45 days for injurious behavior. Injurious behavior – conduct substantially likely to result in injury to self or others This procedure can be repeated by the district if the student’s return poses a substantial likelihood of injury to the student or others. Removal to an IAES by an Administrative Law Judge Student Learning & Partnerships 16

17. If a parent requests a due process hearing concerning a manifestation determination or a change of placement due to disciplinary removal, the student remains in the IAES placement setting pending the outcome of the due process hearing – up to 45 days. The hearing timeline is expedited. Discipline and Dispute Resolution Student Learning & Partnerships 17

18. Student is entitled to IDEA protections if the district “had knowledge” of a possible disability before the behavior that precipitated the disciplinary action. Parent expressed concern in writing to administrator or student’s teacher Parent requested an evaluation Teacher or other school personnel expressed specific concerns Protections for students not yet identified Student Learning & Partnerships 18

19. If an evaluation is requested, it must be conducted in an expedited manner. The student remains in an educational placement determined by the district. Placement can include expulsion, suspension, etc. Disciplinary procedural safeguards apply if the student is found eligible. Protections for students not yet identified Student Learning & Partnerships 19

20. Identification and reporting of disciplinary removals can be difficult. Once a change of placement occurs due to disciplinary removals, the IEP team becomes involved. Even if a change of placement has not occurred, districts must serve students with disabilities who have been removed for more than 10 days for disciplinary reasons. The Big Picture Student Learning & Partnerships 20

21. Questions? Student Learning & Partnerships 21

22. Questions? • Scott Hall, Education Specialist Oregon Department of Education • Office of Student Learning and Partnerships • 503.947.5628 • scott.hall@state.or.usTy Manieri, Legal Specialist • Oregon Department of Education • Office of Student Learning and Partnerships • 503.947.5689 • ty.manieri@state.or.us A copy of this presentation is posted and can be accessed from ODE’s website at: http://www.ode.state.or.us/search/results/?id=125. Student Learning & Partnerships 22