Suspension & Students with Disabilities

1. Suspension & Students with Disabilities https://todaysmeet.com/Suspensions81814

2. Avoiding Litigation Discipline: If a student is exhibiting challenging behaviors, involve IEP team in conducting a Functional Behavioral Assessment and developing a Behavioral Intervention Plan BEFORE suspensions accumulate to more than 10 days

3. Discipline Reminders-Short Term Suspension Short-term Suspension Incident Worksheet • Completed by administration • Start recording suspensions on the first incident • Include Out of School • Include In School suspension that results in student not receiving services • Include bus suspensions if transportation is on IEP • Sending student home for remainder of day because of behavior

4. How do I find the…? Short-term Suspension Incident Worksheet NHCS webpage

5. Discipline Reminders-Short Term Suspension Change in Placement Suspension Analysis Worksheet Completed by administration Complete when a planned suspension results in 11 or more cumulative days Complete new analysis for each additional incident Determines disciplinary change in placement Determines the need for a Manifestation meeting Guides “substantially similar” consideration

6. How do I find the…? Change in Placement Suspension Analysis Worksheet NHCS webpage

7. Discipline Reminders-Manifestation Determination • Conducted in order to determine if the student can be removed for his/her disciplinary infraction based on the two-prong test for manifestation. • Two-prong Manifestation Test • Is the conduct in question caused by, or does it have a direct and substantial relationship to the child’s disability? OR • Is the conduct in question the direct result of the LEA’s failure to implement the IEP? If the team answers YES to either question, the behavior IS a manifestation of the disability.

8. Discipline Reminders-Manifestation Determination • Was the conduct in question the direct result of the LEA’s failure to implement the IEP? • Did the school’s failure to implement the IEP actually cause the student to violate the code of conduct?

9. Discipline Reminders-Manifestation Determination • Are the placement, setting, accommodations/ modifications and services identified in the IEP being provided? • Does the child have behavioral goal(s) in the IEP? • Have interventions and behavioral plans and/or contracts been implemented?

10. Discipline Reminders-Manifestation Determination • When? • Within 10 school days of any decision to change the placement of a child with a disability because of a violation of the student code of conduct. • How? • The manifestation team must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, any previous diagnosis, behavioral concerns, and any relevant information provided by the parents. This must be documented on a Manifestation Determination document.

11. Need to consider … Manifestation Determination is: • NOT categorically driven • NOT a simple analysis of right and wrong Remember: • A diagnosis (without other supporting documentation) does not demonstrate causation • A disability is NOT: • a temporary emotional state, a temporary situational disorder, or a voluntarily induced state of intoxication; and cannot be bound by medical labels, definitions or conclusions • The behavioral framework for manifestation relationships should be established as a child’s eligibility and needs are determined Eric Hartwig Manifestation Determination – A Short History In Case, Volume 47, Number 3

12. To consider …Need to consider the key question… • How directly is the behavior linked to the disability? • How do we think about “manifestation” operationally? • Severity – significant difference from the expectation, norm or standard • Chronic – pattern of behavior that is habitual or persistent • Duration – not situational, length of time exhibited • Frequency – occurs regularly, much more than normal • Across settings – pervasive (home, school, community), behavior impacts life functions and social awareness • Characteristic – patterns like or unlike • Intensity and pervasiveness – persistent, generalized not context specific Eric Hartwig Manifestation Determination – A Short History In Case, Volume 47, Number 3

13. IF the IEP team determines that the behavior WAS a manifestation … • Discipline Case Closed • IEP team must either: • Conduct FBA (unless already conducted) and develop the BIP. • Review the BIP (if already in place) and modify, if necessary, to address the behavior. And (except in the case of “special circumstances”) • Immediately return the child to the placement from which he/she was removed (whether a Short- or Long-Term Suspension), unless the parent and LEA, through the IEP process, agree to a change of placement.

14. IF the IEP team determines that the behavior WAS a manifestation … • The student may no longer be suspended (Short- or Long-Term) during the school year for the behavior reviewed in a manifestation process, when that behavior was found to be a manifestation. • If the student has already been removed, the student must be returned immediately to the current placement, unless the parent and the LEA, through the IEP process, agree to change the placement.

15. If the IEP team decides that the behavior in question WAS NOT a manifestation … • School personnel may apply the same disciplinary procedures as they would for students who do not have disabilities. • IEP team determines what services must be provided so the student continues to: participate in the general education curriculum; progress toward meeting the annual goals set forth in the IEP; and receive behavioral intervention services and modifications that are designed to address the behavior, so that it does not recur. • Conduct an FBA (unless already conducted) implement BIP; OR • Review the BIP (if already in place) and modify if necessary to address the problem behavior.

16. Pitfalls … • Not recognizing removals as removals • In-school suspensions • Bus suspensions • Is transportation a related service? • Losing track of days • Cluttered lines of communication

17. Some Suggestions … • Have a procedure for “counting the days” for each student with a disability • Know who has the duty to determine whether or not cumulative action amounts to a change of placement • Develop methods for serving students who are removed for more than 10 days • Be prepared for parental disagreement

18. Questions?

19. Case Studies

20. Case Study #1: • Mary is a ninth grade student who is identified as OHI. • During the 3rd month of school, Mary got into a fight and was removed for 10 consecutive days. • Mary returned to school and was not referred again to the office until the 6th month of school for smoking, which is an automatic 3 day removal. • Does the proposed 3 day removal constitute a change of placement for Mary? Why or why not? • What does IDEA require for Mary as a result of the 3 day removal?

21. Case Study #1: Ideas & Rationale • The total number of days Mary had been removed prior to being caught smoking was 10…all students can receive up to 10 cumulative days of removal. • It had been 3 months since the 10 day removal. • The proposed 3 day removal was for a totally different infraction. • No Disciplinary Change in Placement…proceed with removal. • School personnel along with one teacher of the child determine how services will be provided during 3 day removal.

22. Case Study #2: • Steve is an 11th grade student identified as ED. • Steve is a habitual skipper with known ties to local gang activity. Within the first 2 months of school he had been removed for 10 cumulative days. • During the 3rd month of school, Steve initiates a major fight at a home football game. The infraction generates a 10 day removal with the recommendation for long-term suspension. • Does the proposed removal constitute a Disciplinary Change in Placement? • What does IDEA require be done on Steve’s behalf?

23. Case Study #2: Ideas & Rationale • Within 2 months Steve had utilized 10 days. • The proposed removal is for 10 additional consecutive days with recommendation for long-term…which DOES automatically constitute a Disciplinary Change in Placement. • A manifestation determination MUST be completed. • If NO Manifestation…the student is subject to the same standard as non-disabled students. • The IEP team reviews/revises the FBA/BIP and determines where & how services will be delivered during the removal. • If it WAS a Manifestation…the student is not subject to the same standard as non-disabled students. • The IEP team reviews/addends the FBA/BIP and determines if the current placement is appropriate for the student…BE CAUTIOUS! • Steve can no longer be suspended for fighting.

24. Case Study #3: • Charlie is a 6th grade student identified as LD. • Charlie is the kid in the office every other day and within the first 3 months of school had been removed 10 days. • The following record reflects Charlie’s office visits for the 4th month: • November 2-tardy-1 day removal (no Disciplinary Change in Placement determined by school official) • November 11-skipping-2 days removal (no Disciplinary Change in Placement determined by school official) • November 29-disruptive in class-proposed 3 day removal.

25. Case Study #3: • Does the proposed 3-day suspension constitute a Disciplinary Change in Placement? Why or why not? • What does IDEA require be done on Charlie’s behalf?

26. Case Study #3: Ideas & Rationale • Within 3 months Charlie had been removed for 10 days. • The proposed removal is for 3 days…BUT…there is a clear pattern of removal that does constitute a Disciplinary Change in Placement. • A manifestation determination MUST be completed. • If NO Manifestation…the student is subject to the same standard as non-disabled students. • The IEP team reviews/addends the FBA/BIP and determines where & how services will be delivered during the removal. • If it WAS a Manifestation…the student is not subject to the same standard as non-disabled students. • The IEP team reviews/addends the FBA/BIP and determines if the current placement is appropriate for the student…BE CAUTIOUS! • Charlie cannot be short- or long-term suspended for class disruptions.

27. Case Study #4: • Sandy is a Senior and is identified as ID. • Sandy has not been removed this school year. • The resource officer notices Sandy has a gun on the backseat of her vehicle when she parks in the student parking lot. • What is the appropriate series of steps administrators can follow and remain compliant with IDEA?

28. Case Study #4: Ideas & Rationale • The principal can order the 45-day IAES. • Manifestation must be determined within 10 school days. • The IEP team must determine how & where services will be delivered during the IAES placement. • If NO Manifestation…the student is subject to the same standard as non-disabled students. • The IEP team reviews/addends the FBA/BIP and determines where & how services will be delivered during the removal. • If it WAS a Manifestation…the student is not subject to the same standard as non-disabled peers. • The IEP team reviews/addends the FBA/BIP and determines if the current placement is appropriate for the student…BE CAUTIOUS! • Sandy cannot be suspended for brining a gun to school.

29. Case Study #4: Ideas & Rationale • If NO Manifestation…the student is subject to the same standard as non-disabled students. • 365 day removal for a gun. • The IEP team reviews/addends the FBA/BIP and determines where & how services will be delivered during the removal. • If it WAS a Manifestation…the student is not subject to the same standard as non-disabled students. • Student remains in IAES for up to 45 school days.

30. Case Study #4: Ideas & Rationale OR…. • School Administration could exercise the authority to consider unique circumstances on a case-by-case basis if a change of placement is necessary based on the infraction to the student code of conduct. • Based on this authority…the school administrator has a number of choices.

31. Case Study #5: • Jojo is a 7th grade student with a diagnosis of ADHD and ODD (Oppositional Defiant Disorder) –served with an IEP as Other Health Impaired. He receives behavior support daily (45 minutes a day), is on a point sheet, and receives research based instruction in reading and writing (90 minutes a day). • He has been suspended 3 separate occasions for fighting - the first suspension 2 days; second suspension 4 days and last suspension 5 days for a total of 11 days

32. Case Study #5: • With each suspension, the team met to revisit Behavior Intervention Plan and plan was modified to provide additional support. • With the 11th day of suspension, the administrator referred to the “Short-term Suspension Incident Worksheet” and completed the “Change of Placement Suspension Analysis Worksheet.” • The administrator determined that a disciplinary change in placement occurred and a Manifestation Determination meeting was convened. • Each fight was reviewed in the Manifestation Determination meeting • Jojo hit a student because he was bumped in the hall, • He hit a student when a basketball hit him in the head during PE time, and • The third fight occurred when someone looked at him “the wrong way” in the bathroom. • Were these incidents due to his disability? • Are these behaviors substantially similar? • Can you suspend further for these behaviors?

33. Case Study #5: Continued • Two weeks later the student engages in another fight. This time the student arrives on campus and meets 8 other students who then begin assaulting another student. This fight was planned by the students on the day prior and the fight is part of a gang initiation. All students are suspended for 10 days with a recommendation for long term. • Is this behavior substantially similar, why or why not? • Is another Manifestation Determination meeting necessary? • Is the long term suspension recommendation supported?

34. Case Study #5: Continued • A manifestation is held, the team reviews the student’s IEP and “Change of Placement Suspension Analysis Worksheet.” The team determines that this was not an impulsive act due to the evidence that indicates the preplanning and premeditation of the fight. Therefore, this incident was not due to his disability. Student’s long term suspension is upheld but will end on the first day of second semester. • Student attends Pathways for the remainder of the semester.

35. Case Study #5: Continued • Jojo returns to school first day of second semester, team meets to review plan with student. He had no incidences of fighting while attending Pathways. • Four weeks into the second semester, Jojo was in a fight in the Intensive Behavior Class when a student knocked his desk into Jojo’s chair. • Has this previously been determined that this was a manifestation disability? • Is this behavior substantially similar? • Can he be suspended for this behavior? • What does IDEA require for Jojo?

36. Case Study #5: Ideas and Rationale Determining substantially similar must be determined on a case by case situation. If the behavior was determined to be a Manifestation then a FBA/BIP must be conducted or the plan must be reviewed and modified. Student returns to placement unless the IEP team process agrees to a change of placement.

37. Let’s Review! Check Your Knowledge… IDEA & Discipline for Students with Disabilities

38. True or False? The “Short-term Suspension Incident Worksheet” should be completed on the 11th day of cumulative suspension. FALSE

39. True or False? Conducting a manifestation determination recycles the “10 Day” calendar for students with disabilities. FALSE

40. True or False? School personnel may consider any unique circumstances on a case-by-case basis when deciding if a Disciplinary Change in Placement is appropriate for a child with a disability who violates the student code of conduct. TRUE

41. True or False? Under specific circumstances, school personnel have the authority under IDEA to remove a student to an interim alternative educational setting for up to 45 school days TRUE

42. True or False? Regardless of manifestation determination, students with disabilities must be provided services on the 11th cumulative day of removal. TRUE

43. True or False? Behavioral Intervention Plans are not considered an official component of the IEP. FALSE

44. True or False? Students who are suspected of being students with disabilities are protected under the disciplinary provisions of the IDEA. TRUE

45. True or False? Students with disabilities cannot be removed for more than 10 days within one academic year. FALSE

46. True or False? A manifestation determination must be conducted for every proposed removal after the first ten days. FALSE

47. True or False? If a specific behavior subject to disciplinary suspension is determined to be a manifestation of a student’s disability, the student may be neither long- or short-term suspended for that specific behavior during the current school year. TRUE

48. True or False? Bus suspensions resulting in students’ with disabilities absences are never considered removals and therefore do not accumulate in the cumulative day count. FALSE

49. True or False? If the school calls the parent and asks them to pick up a child because they are misbehaving, this is considered a suspension. TRUE

50. True or False? The following represents the two-prong test for manifestation determination:1. The behavior was caused by, or was in direct and substantial relationship to the child’s disability; or 2. The conduct in question is the direct result of the LEA’s failure to implement the IEP. TRUE