INDIVIDUALS WITH DISABILITIES EDUCATION ACT IDEA 97

1. INDIVIDUALS WITH DISABILITIES EDUCATION ACTIDEA �97 Major Changes in Discipline 88

2. Major Changes in DisciplineIn effect since June 4, 1997 1. FAPE, including access to general curriculum, during suspension 2. Functional Behavioral Assessment (FBA) 3. Behavioral Intervention Plan (BIP) 4. No FBA and/or no BIP = no appropriate program 5. Manifestation Determination (MD) IEP and placement appropriate? understanding of consequences of action? ability to control behavior? 8 There is a requirement to provide a free appropriate public education (FAPE) to any special education student who is suspended or expelled. This must include access to the general curriculum, as well as all the special education and supplementary aids and services delineated in the student�s IEP. 8 There is a requirement to conduct a �Functional Behavioral Assessment� on any special education student experiencing significant behavior problems. The term �Functional Behavioral Assessment� is language from the IDEA; it does not mean a reevaluation. An FBA must include classroom observation. 8 There is a requirement to develop a Behavioral Intervention Plan designed to remediate the problems addressed in the Functional Behavioral Assessment. 8 The IEP team making a Manifestation Determination cannot, in essence, determine that the student�s program has been appropriate if the District has not done a behavioral assessment and developed and implemented a Behavioral Intervention Plan. 8 Manifestation Determinations will have to be made based on all available information including parent input. In order to determine that a behavior was not a manifestation of the disability, the IEP committee must be able to show that: 8 a) the student�s IEP and placement were appropriate and that special education services, supplementary aids and services and behavior intervention strategies were provided consistent with the IEP and placement; 8 b) the student�s disability did not impair his/her ability to understand the impact and consequences of the behavior; and8 c) the student�s disability did not impair his/her ability to control the behavior. 8 8 There is a requirement to provide a free appropriate public education (FAPE) to any special education student who is suspended or expelled. This must include access to the general curriculum, as well as all the special education and supplementary aids and services delineated in the student�s IEP. 8 There is a requirement to conduct a �Functional Behavioral Assessment� on any special education student experiencing significant behavior problems. The term �Functional Behavioral Assessment� is language from the IDEA; it does not mean a reevaluation. An FBA must include classroom observation. 8 There is a requirement to develop a Behavioral Intervention Plan designed to remediate the problems addressed in the Functional Behavioral Assessment. 8 The IEP team making a Manifestation Determination cannot, in essence, determine that the student�s program has been appropriate if the District has not done a behavioral assessment and developed and implemented a Behavioral Intervention Plan. 8 Manifestation Determinations will have to be made based on all available information including parent input. In order to determine that a behavior was not a manifestation of the disability, the IEP committee must be able to show that: 8 a) the student�s IEP and placement were appropriate and that special education services, supplementary aids and services and behavior intervention strategies were provided consistent with the IEP and placement; 8 b) the student�s disability did not impair his/her ability to understand the impact and consequences of the behavior; and8 c) the student�s disability did not impair his/her ability to control the behavior. 8

3. Major Changes in DisciplineIn effect since June 4, 1997 6. Interim Alternative Educational Setting (IAES) 7. Application to regular education students 8. Temporary Restraining Order (TRO) 9. Definition of �weapon� 10. Weapon and drug violations 11. �Stay-put� provision 8 If a student is placed in an Interim Alternative Educational Setting (IAES) for a suspension period, the student's IEP must be fully implemented in that setting, meaning provision of FAPE (both special education and supplementary aids and services and general curriculum) and implementation of the Behavioral Intervention Plan. 8 There are four types of circumstances, which will be discussed next in this presentation, in which these expanded protections and procedures apply to students in regular education. 8 A school district can request a temporary restraining order through a due process hearing officer if a student is dangerous to self or others. 8 Weapon has been defined in IDEA �97 as in the US Criminal Code. The federal definition of weapon will have to be interpreted through the regulations and/or case law to determine whether other elements, such as intent, are mitigating factors. 8 A student who is found to be carrying a weapon or in possession, using, selling, or soliciting a controlled substance (not alcohol or legal drugs) may be immediately removed from that school setting to an Interim Alternative Education Setting for up to 45 calendar days. Within 10 school days, the student�s IEP Team must meet. The requirements for this meeting will be discussed in detail later in this presentation. 8 For weapon or drug violations, �stay put� is the Interim Alternative Education Setting for up to 45 calendar days. After the 45th day, �stay put� is the previous placement, and the school district may request an expedited due process hearing to remove the student from the school placement for additional time. For behavior which is not a manifestation of disability, �stay put� appears to be the Interim Alternative Educational Setting during the pendency of the due process hearing. 8 8 If a student is placed in an Interim Alternative Educational Setting (IAES) for a suspension period, the student's IEP must be fully implemented in that setting, meaning provision of FAPE (both special education and supplementary aids and services and general curriculum) and implementation of the Behavioral Intervention Plan. 8 There are four types of circumstances, which will be discussed next in this presentation, in which these expanded protections and procedures apply to students in regular education. 8 A school district can request a temporary restraining order through a due process hearing officer if a student is dangerous to self or others. 8 Weapon has been defined in IDEA �97 as in the US Criminal Code. The federal definition of weapon will have to be interpreted through the regulations and/or case law to determine whether other elements, such as intent, are mitigating factors. 8 A student who is found to be carrying a weapon or in possession, using, selling, or soliciting a controlled substance (not alcohol or legal drugs) may be immediately removed from that school setting to an Interim Alternative Education Setting for up to 45 calendar days. Within 10 school days, the student�s IEP Team must meet. The requirements for this meeting will be discussed in detail later in this presentation. 8 For weapon or drug violations, �stay put� is the Interim Alternative Education Setting for up to 45 calendar days. After the 45th day, �stay put� is the previous placement, and the school district may request an expedited due process hearing to remove the student from the school placement for additional time. For behavior which is not a manifestation of disability, �stay put� appears to be the Interim Alternative Educational Setting during the pendency of the due process hearing. 8

4. Expansion of Protections Students suspected of having a disability Parent�s written concern Parent�s request for evaluation Demonstrated need Concern expressed by school staff 8In addition to applying to students who have been already identified as having a disability under the IDEA, now the protections, requirements and procedures for discipline for those students also applies to students for whom either the parent or the school suspect may have a disability. 8 The first circumstance in which this applies is when a parent has expressed a written concern of need for special education. It is critical that schools keep scrupulous documentation on students so that they have current knowledge of whether a parent has actually made such request in writing. 8 The second circumstance in which this applies is when a parent has actually requested an evaluation for special education . Although regular education interventions, supplemental aids and services and Section 504 accommodations need to be considered, the parent�s request must be honored, unless the district requests a due process hearing to deny the evaluation. 8 The third circumstance which is applicable is when the student�s behavior or performance in school demonstrates a need for special education. Although this has not been more clearly defined by Congress, presumably this means that the student is being unsuccessful to a significant degree, behaviorally or academically, in regular education, even after intervening with supplementary aids and services and Section 504 accommodations. 8 The final circumstance in which the special education protections are expanded to regular education students is perhaps the most problematic to define at the present time. This refers to situations in which school personnel have expressed concern about a student�s behavior or academic performance. It is unclear from the statute or regulations how formal the �expression of concern� must be. If Congress meant any casual verbal expression from one colleague to another, the application and protection are certainly broader than if Congress� intent was a formal means of communication, such as documentation of the School Support Team or a Section 504 Plan. 88In addition to applying to students who have been already identified as having a disability under the IDEA, now the protections, requirements and procedures for discipline for those students also applies to students for whom either the parent or the school suspect may have a disability. 8 The first circumstance in which this applies is when a parent has expressed a written concern of need for special education. It is critical that schools keep scrupulous documentation on students so that they have current knowledge of whether a parent has actually made such request in writing. 8 The second circumstance in which this applies is when a parent has actually requested an evaluation for special education . Although regular education interventions, supplemental aids and services and Section 504 accommodations need to be considered, the parent�s request must be honored, unless the district requests a due process hearing to deny the evaluation. 8 The third circumstance which is applicable is when the student�s behavior or performance in school demonstrates a need for special education. Although this has not been more clearly defined by Congress, presumably this means that the student is being unsuccessful to a significant degree, behaviorally or academically, in regular education, even after intervening with supplementary aids and services and Section 504 accommodations. 8 The final circumstance in which the special education protections are expanded to regular education students is perhaps the most problematic to define at the present time. This refers to situations in which school personnel have expressed concern about a student�s behavior or academic performance. It is unclear from the statute or regulations how formal the �expression of concern� must be. If Congress meant any casual verbal expression from one colleague to another, the application and protection are certainly broader than if Congress� intent was a formal means of communication, such as documentation of the School Support Team or a Section 504 Plan. 8

5. Misconduct NOT a Weapon or Drug ViolationSuspension of less than 10 school days (cumulative or consecutive) Being Considered No provision of educational services May be ordered by school personnel Procedural safeguards invoked after 10 school days 88The IDEA �97 regualtions clarify that �the removal of a child with a disability from the child�s current educational placement to �suspension, including a suspension without the provision of educational services, 8 for not more than 10 school days(to the extent the alternatives would be applied to children without disabilities)� may be ordered by school personnel. Sec.300.520(a)(1). 8 The accumulation of suspension days may not equal more that 10 school days in a school year without constituting a change in placement, which invokes the IDEA procedural safeguards. 888The IDEA �97 regualtions clarify that �the removal of a child with a disability from the child�s current educational placement to �suspension, including a suspension without the provision of educational services, 8 for not more than 10 school days(to the extent the alternatives would be applied to children without disabilities)� may be ordered by school personnel. Sec.300.520(a)(1). 8 The accumulation of suspension days may not equal more that 10 school days in a school year without constituting a change in placement, which invokes the IDEA procedural safeguards. 8

6. Misconduct NOT a Weapon or Drug ViolationSuspension of more than 10 school days (cumulative or consecutive) Being Considered Immediate Parental Notification understandable describes action why other options considered basis for action other relevant factors how to obtain procedural safeguards resources to assist parents 88Prior to any cumulative suspension of more than 10 school days in a school year, parents must receive written notice in a language understandable to parent, unless it is clearly not feasible to do so 8 describing the action proposed. 8 Why the action is being proposed8 A description of any other options that were considered in place of long term suspension or expulsion88 What information was used as the basis for the action8 Any other relevant factors8 How a copy of the full procedural safeguards can be obtained8 Resources to assist the parents 8 88Prior to any cumulative suspension of more than 10 school days in a school year, parents must receive written notice in a language understandable to parent, unless it is clearly not feasible to do so 8 describing the action proposed. 8 Why the action is being proposed8 A description of any other options that were considered in place of long term suspension or expulsion88 What information was used as the basis for the action8 Any other relevant factors8 How a copy of the full procedural safeguards can be obtained8 Resources to assist the parents 8

7. Misconduct NOT a Weapon or Drug Violation IEP Team meets within 10 school days develop or review and update Functional Behavioral Assessment (FBA) develop or review and update Behavioral Intervention Plan (BIP) conduct Manifestation Determination consider Interim Alternative Educational Setting (IAES) 8 If the misconduct is not a weapon or drug violation the IEP Team meets within 10 days to 8 develop or review and update the Functional Behavioral Assessment (FBA) 8 develop or review and update the Behavioral Intervention Plan (BIP) 8 conduct a Manifestation Determination8 consider an Interim Alternative Educational Setting88 If the misconduct is not a weapon or drug violation the IEP Team meets within 10 days to 8 develop or review and update the Functional Behavioral Assessment (FBA) 8 develop or review and update the Behavioral Intervention Plan (BIP) 8 conduct a Manifestation Determination8 consider an Interim Alternative Educational Setting8

8. What is a Functional Behavioral Assessment? Procedure by which problematic behavior is examined to determine the cause, consequences and nature of the behavior, in order to develop effective interventions to address behavior. (NMSDE 9/97) 8A Functional Behavioral Assessment is a procedure by which problematic behavior is examined to determine the cause, consequences and nature of the behavior, in order to develop effective interventions to address behavior. 888A Functional Behavioral Assessment is a procedure by which problematic behavior is examined to determine the cause, consequences and nature of the behavior, in order to develop effective interventions to address behavior. 88

9. When is a Functional Behavioral Assessment Developed? When a student is being considered for suspension in excess of 10 school days total per year When a student is removed to an IAES for a weapon or drug violation When behavior is a concern When new problematic behaviors emerge 8 The statute and regulations require that a Functional Behavioral Assessment be developed whenever suspension constitutes a change in placement 8 and when a student is removed to an Interim Alternative Educational Setting for a weapon or drug violation. 8 However, best practice is to utilize this procedure in a proactive manner whenever the behavior of a student who is eligible for special education (or student suspected of needing special education) is a substantial concern 8 or when new problematic behaviors emerge. 88 The statute and regulations require that a Functional Behavioral Assessment be developed whenever suspension constitutes a change in placement 8 and when a student is removed to an Interim Alternative Educational Setting for a weapon or drug violation. 8 However, best practice is to utilize this procedure in a proactive manner whenever the behavior of a student who is eligible for special education (or student suspected of needing special education) is a substantial concern 8 or when new problematic behaviors emerge. 8

10. Who Participates in the Development of a Functional Behavioral Assessment? Persons who have knowledge of the student relevant to the behavior, such as parents teachers regular education and special education counselor related service provider(s) administration Who participates in the development of a Functional Behavioral Assessment? 8 Persons who have knowledge of the student 8 relevant to the behavior, such as parents, 8 teachers, 8 both - regular education and special education, 8 counselor, 8 related service provider(s), 8 and administration. Others, such as a psychologist hired by the school district or parent-hired therapist, may also attend to provide insight into behaviors and interventions. 8Who participates in the development of a Functional Behavioral Assessment? 8 Persons who have knowledge of the student 8 relevant to the behavior, such as parents, 8 teachers, 8 both - regular education and special education, 8 counselor, 8 related service provider(s), 8 and administration. Others, such as a psychologist hired by the school district or parent-hired therapist, may also attend to provide insight into behaviors and interventions. 8

11. What Element(s) Should a Functional Behavioral Assessment Consider? Behavior(s) prior incidence frequency, duration, and intensity patterns of behavior parental input Educational services(including related services) evaluation observation progress on goals parental input A Functional Behavioral Assessment should consider behavior(s) with documentation on when, or if, the behaviors occurred in the past. How often, how long and how intense were the behavior(s). 8 The Assessment should also review elements of the student�s educational program including specialized instruction, related services, evaluation, classroom observation and progress on goals. IDEA �97 clearly mandates an increase in parental involvement in all aspects of the student�s educational planning. Therefore, parents should be involved in the development of the Functional Behavioral Assessment. 8A Functional Behavioral Assessment should consider behavior(s) with documentation on when, or if, the behaviors occurred in the past. How often, how long and how intense were the behavior(s). 8 The Assessment should also review elements of the student�s educational program including specialized instruction, related services, evaluation, classroom observation and progress on goals. IDEA �97 clearly mandates an increase in parental involvement in all aspects of the student�s educational planning. Therefore, parents should be involved in the development of the Functional Behavioral Assessment. 8

12. What is a Behavioral Intervention Plan? IDEA �97 requires schools to address misconduct �so that it does not recur.� 1415(K)(1)(A)(ii) Consequently, a Behavioral Intervention Plan must be designed to remediate the problematic behaviors that are at issue for a student. While it is conceivable that some types of behaviors may not be considered appropriate for remediation in the school setting, districts must make every reasonable effort to do so and to document those efforts. If the behaviors of concern change, or interventions being used are not successful, the Behavioral Intervention Plan should be updated, with the motivation being to keep the misconduct from recurring. 8IDEA �97 requires schools to address misconduct �so that it does not recur.� 1415(K)(1)(A)(ii) Consequently, a Behavioral Intervention Plan must be designed to remediate the problematic behaviors that are at issue for a student. While it is conceivable that some types of behaviors may not be considered appropriate for remediation in the school setting, districts must make every reasonable effort to do so and to document those efforts. If the behaviors of concern change, or interventions being used are not successful, the Behavioral Intervention Plan should be updated, with the motivation being to keep the misconduct from recurring. 8

13. When is a Behavioral Intervention Plan Developed? After a Functional Behavioral Assessment has been developed or updated When misconduct is repeated and/or significant Whether behavior is a manifestation or not When a student has been placed in an IAES 8 A Behavioral Intervention Plan is developed after a Functional Behavioral Assessment has been developed or updated. 8 When misconduct is repeated and/or significant. 8 A Behavioral Intervention Plan is developed and implemented regardless of whether or not a behavior is a manifestation of the student�s disability 8 and must be developed if a student has been placed in an Interim Alternative Educational Setting. 88 A Behavioral Intervention Plan is developed after a Functional Behavioral Assessment has been developed or updated. 8 When misconduct is repeated and/or significant. 8 A Behavioral Intervention Plan is developed and implemented regardless of whether or not a behavior is a manifestation of the student�s disability 8 and must be developed if a student has been placed in an Interim Alternative Educational Setting. 8

14. Who Participates in the Development of a Behavioral Intervention Plan? Persons who have knowledge of the student relevant to the behavior, such as parents teachers regular education and special education counselor related service provider(s) administration 8 A Behavioral Intervention Plan is developed by persons knowledgeable of the student relevant to the behavior. 8 This group may include parents, 8 teachers (both regular education and special education), 8 counselor, 8 related service provider(s) 8 and administration. It may also be useful to involve a resource person whose area of expertise is behavior management. 88 A Behavioral Intervention Plan is developed by persons knowledgeable of the student relevant to the behavior. 8 This group may include parents, 8 teachers (both regular education and special education), 8 counselor, 8 related service provider(s) 8 and administration. It may also be useful to involve a resource person whose area of expertise is behavior management. 8

15. How is a Behavioral Intervention Plan Developed? Identify behavior of concern desired outcome of intervention Describe the plan data to be collected who will implement the plan how progress will be documented So...how is a Behavioral Intervention Plan developed? 8 First the behavior of concern and the desired outcome of the intervention must be identified. 8 Next, the plan must be described, the content, sources and methods of data collection determined, the implementers identified, and methods for determination of progress determined. 8So...how is a Behavioral Intervention Plan developed? 8 First the behavior of concern and the desired outcome of the intervention must be identified. 8 Next, the plan must be described, the content, sources and methods of data collection determined, the implementers identified, and methods for determination of progress determined. 8

16. What is a Manifestation Determination? A Manifestation Determination is a review of the relationship between the student�s disability and the behavior subject to the disciplinary action. Sec. 300.523 8 A Manifestation Determination is a review of the relationship between the student�s disability and the behavior subject to the disciplinary action. 888 A Manifestation Determination is a review of the relationship between the student�s disability and the behavior subject to the disciplinary action. 88

17. When is a Manifestation Determination Conducted? Prior to the removal a student with a disability from current placement for more than 10 school days No later than 10 school days after the date of the decision to take action to remove a student to an IAES 8Since a change in placement requires an IEP meeting and the statute and proposed regulations continue to define �change in placement� as more than ten days, an IEP meeting must be held to consider any suspension from educational services or removal from current placement which extends past that ten day limit. 8 IDEA �97 has added the same requirements when a student is placed in an IAES based on a weapon or drug violation. In this case, the IEP meeting, including the Manifestation Determination, must be held within 10 school days of placement into the IAES. 88Since a change in placement requires an IEP meeting and the statute and proposed regulations continue to define �change in placement� as more than ten days, an IEP meeting must be held to consider any suspension from educational services or removal from current placement which extends past that ten day limit. 8 IDEA �97 has added the same requirements when a student is placed in an IAES based on a weapon or drug violation. In this case, the IEP meeting, including the Manifestation Determination, must be held within 10 school days of placement into the IAES. 8

18. Who Participates in a Manifestation Determination? IEP Team parent regular education teacher special education teacher individual who is qualified to provide, or supervise the provision of, specially designed instruction, knowledgeable about general curriculum and resources individual who can interpret the instructional implications of evaluation results (may be another member of the team) Other qualified personnel Sec. 300.344 8 As of June 1998, the IDEA �97 will require that all IEP teams include the parent, at least one regular education teacher (in most instances), at least one special education teacher and an individual who is qualified to provide, or supervise the provision of, specially designed instruction and is knowledgeable about general curriculum and resources. In addition, the team must include an individual who can interpret the instructional implications of the evaluation results, although this responsibility may be carried out by another member of the team. 8 If other individuals have information relevant to determining whether a particular misconduct has arisen from a student�s disability, they may also be participants. This might apply to a psychologist or psychiatrist hired by either the school district for evaluative purposes or private therapist hired by the parent. 888 As of June 1998, the IDEA �97 will require that all IEP teams include the parent, at least one regular education teacher (in most instances), at least one special education teacher and an individual who is qualified to provide, or supervise the provision of, specially designed instruction and is knowledgeable about general curriculum and resources. In addition, the team must include an individual who can interpret the instructional implications of the evaluation results, although this responsibility may be carried out by another member of the team. 8 If other individuals have information relevant to determining whether a particular misconduct has arisen from a student�s disability, they may also be participants. This might apply to a psychologist or psychiatrist hired by either the school district for evaluative purposes or private therapist hired by the parent. 88

19. What are the Required Elements of a Manifestation Determination? The IEP Team First considers, in relation to the behavior subject to disciplinary action: evaluation and diagnostic results observation IEP placement... 8The IEP Team8 first considers - in relation to the behavior subject to disciplinary action8 - any relevant evaluation and diagnostic results, 8 observations by the teacher(s) and parent,8 the requirements of the current IEP 8 and whether progress is being made in the current placement. 8 8The IEP Team8 first considers - in relation to the behavior subject to disciplinary action8 - any relevant evaluation and diagnostic results, 8 observations by the teacher(s) and parent,8 the requirements of the current IEP 8 and whether progress is being made in the current placement. 8

20. What are the Required Elements of a Manifestation Determination? contd. Next determines, in relationship to the behavior subject to disciplinary action: appropriateness of the IEP implementation understanding of impact and consequences ability to control behavior 8 The IEP Team must then determine whether or not the IEP is appropriate and is being implemented and whether or not the student had the ability to understand the impact and consequences of the behavior and to control the behavior subject to disciplinary action. 88 The IEP Team must then determine whether or not the IEP is appropriate and is being implemented and whether or not the student had the ability to understand the impact and consequences of the behavior and to control the behavior subject to disciplinary action. 8

21. Roadblocks to Suspension IEP not appropriate Placement not appropriate Lack of FBA and/or BIP unless misconduct was unforeseen Student lacked understanding of impact and consequences Student lacked ability to control behavior 8 If either the IEP itself, as developed, is not appropriate to meet the student�s needs in relation to the behavior of concern, 8 or if the student's placement is not appropriate to allow implementation of the IEP, the behavior must be considered a manifestation of the student�s disability and suspension of more than ten school days may not occur in a school year. 8 In addition, schools are required to conduct a Functional Behavioral Assessment and a Behavior Intervention Plan on a student exhibiting repeated or significant misconduct. Consequently, unless the misconduct is unforeseen, this student should have an FBA and BIP prior to being suspended. 8 Finally, a student whose disability either impairs the ability to understand the impact and consequences of the behavior 8 or impairs the ability to control that behavior, cannot be suspended for more than ten days per school year for that behavior. 88 If either the IEP itself, as developed, is not appropriate to meet the student�s needs in relation to the behavior of concern, 8 or if the student's placement is not appropriate to allow implementation of the IEP, the behavior must be considered a manifestation of the student�s disability and suspension of more than ten school days may not occur in a school year. 8 In addition, schools are required to conduct a Functional Behavioral Assessment and a Behavior Intervention Plan on a student exhibiting repeated or significant misconduct. Consequently, unless the misconduct is unforeseen, this student should have an FBA and BIP prior to being suspended. 8 Finally, a student whose disability either impairs the ability to understand the impact and consequences of the behavior 8 or impairs the ability to control that behavior, cannot be suspended for more than ten days per school year for that behavior. 8

22. What Criteria Must Be Met By An IAES? Includes access to general curriculum Provides IEP services and modifications Addresses behavior �so that it does not recur.� 8 An Interim Alternative Educational Setting must enable the student to continue to participate in the general curriculum, although the setting has changes. 8 The Interim Alternative Educational Setting must also provide the services and modifications described in the student�s current IEP which will enable the student to meet the IEP goals. 8 Finally, the Interim Alternative Educational Setting must provide services and modifications to address behavior �so that it does not recur.� 8 In summary, an Interim Alternative Educational Setting must be prepared to implement the IEP with access, as needed to the general curriculum, but without regard for least restrictive environment. CAUTION: A student whose IEP includes behavioral goals for peer interaction must be placed in an Interim Alternative Educational Setting with access to other students. 8 8 An Interim Alternative Educational Setting must enable the student to continue to participate in the general curriculum, although the setting has changes. 8 The Interim Alternative Educational Setting must also provide the services and modifications described in the student�s current IEP which will enable the student to meet the IEP goals. 8 Finally, the Interim Alternative Educational Setting must provide services and modifications to address behavior �so that it does not recur.� 8 In summary, an Interim Alternative Educational Setting must be prepared to implement the IEP with access, as needed to the general curriculum, but without regard for least restrictive environment. CAUTION: A student whose IEP includes behavioral goals for peer interaction must be placed in an Interim Alternative Educational Setting with access to other students. 8

23. Who Can Be Placed in an Interim Alternative Educational Setting? A special education student (or a student suspected of having a disability) who: Was carrying a weapon in school or at a school function Was in possession, using, selling or soliciting illegal drugs Is suspended for more than 10 days in a school year Other students who are unsuccessful in the traditional school setting Who can be placed in an Interim Alternative Educational Setting? 8 A student who is eligible for special education services may be placed in an Interim Alternative Educational Setting 8 for weapon 8 or drug violations. 8 Services like those provided in an Interim Alternative Educational Setting are required for all special education students during any period of suspension over ten days in a school year. 8 In addition, however, districts or individual schools may determine that the Interim Alternative Educational Setting is appropriate for other students being unsuccessful in the traditional school setting. 8 Who can be placed in an Interim Alternative Educational Setting? 8 A student who is eligible for special education services may be placed in an Interim Alternative Educational Setting 8 for weapon 8 or drug violations. 8 Services like those provided in an Interim Alternative Educational Setting are required for all special education students during any period of suspension over ten days in a school year. 8 In addition, however, districts or individual schools may determine that the Interim Alternative Educational Setting is appropriate for other students being unsuccessful in the traditional school setting. 8

24. How is Placement in an Interim Alternative Educational Setting Determined? Ordered by principal for a weapon or drug violation Determined by an IEP Team With parent consent when behavior is a manifestation of the disability 8 When a student is carrying a weapon or in possession, using, selling or soliciting illegal drugs at school or at a school function, the student can be immediately placed by the principal in an Interim Alternative Educational Setting, regardless of whether the behavior is a manifestation of the disability or not. 8 An IEP Team can also determine that a student be placed in an Interim Alternative Educational Setting during a suspension of over ten days in a school year. 8 Further, even when a student cannot be suspended for more than ten days because the student�s behavior is a manifestation of the disability, the student can be placed in an Interim Alternative Educational Setting if the parent gives consent. 8 8 When a student is carrying a weapon or in possession, using, selling or soliciting illegal drugs at school or at a school function, the student can be immediately placed by the principal in an Interim Alternative Educational Setting, regardless of whether the behavior is a manifestation of the disability or not. 8 An IEP Team can also determine that a student be placed in an Interim Alternative Educational Setting during a suspension of over ten days in a school year. 8 Further, even when a student cannot be suspended for more than ten days because the student�s behavior is a manifestation of the disability, the student can be placed in an Interim Alternative Educational Setting if the parent gives consent. 8

25. What Procedures Need to Take Place When a Student is Immediately Placed by a Principal in an IAES for a Weapon or Drug Violation? Within 10 school days Develop or review Functional Behavioral Assessment Behavioral Intervention Plan Conduct a Manifestation Determination including review of appropriateness of IEP and program Consider continuation of IAES with access to general curriculum implementation of IEP implementation of BIP 8If a student is placed in an Interim Alternative Educational Setting for a weapon or drug violation the IEP Team must meet within 10 days to 8Develop or review the Functional Behavioral Assessment and Behavioral Intervention Plan8 Conduct a manifestation determination to determine the appropriateness of the IEP and program. 8 And consider continuation of placement in the Interim Alternative Educational Setting, providing access to general curriculum, implementing the IEP and Behavioral Intervention Plan. 8 8If a student is placed in an Interim Alternative Educational Setting for a weapon or drug violation the IEP Team must meet within 10 days to 8Develop or review the Functional Behavioral Assessment and Behavioral Intervention Plan8 Conduct a manifestation determination to determine the appropriateness of the IEP and program. 8 And consider continuation of placement in the Interim Alternative Educational Setting, providing access to general curriculum, implementing the IEP and Behavioral Intervention Plan. 8

26. BEHAVIOR IS A MANIFESTATIONIs Not a Weapon or Drug Violation Implement Behavioral Intervention Plan Service location options IAES with parental consent more restrictive placement with parent prior notice discipline in school setting 8When it is determined that a behavior other than a weapon or drug violation is a manifestation of the student�s disability, the Behavioral Intervention Plan must be implemented in any service locations. 88When it is determined that a behavior other than a weapon or drug violation is a manifestation of the student�s disability, the Behavioral Intervention Plan must be implemented in any service locations. 8

27. BEHAVIOR IS NOT A MANIFESTATIONIs Not a weapon or drug violation Follow district discipline procedures If suspension for more than 10 days, either consecutive or cumulative, provide alternative educational services, including access to general curriculum Develop Behavioral Intervention Plan 88If the behavior is not a weapon or drug violation and is not a manifestation of the student�s disability, district disciplinary procedures may be followed, as long as educational services which deliver a free appropriate public education (FAPE) are provided. These services must begin no later than the 11th day of suspension and must include access to general curriculum. Least restrictive environment is not a consideration in providing FAPE to suspended students whose behavior is not a manifestation of disability. 8 The Behavioral Intervention Plan must be implemented during the period of suspension. 888If the behavior is not a weapon or drug violation and is not a manifestation of the student�s disability, district disciplinary procedures may be followed, as long as educational services which deliver a free appropriate public education (FAPE) are provided. These services must begin no later than the 11th day of suspension and must include access to general curriculum. Least restrictive environment is not a consideration in providing FAPE to suspended students whose behavior is not a manifestation of disability. 8 The Behavioral Intervention Plan must be implemented during the period of suspension. 8

28. BEHAVIOR IS NOT A MANIFESTATIONIs Not a Weapon or Drug ViolationParents Disagree Procedural safeguards Right to challenge Manifestation Determination change in placement �Stay put� appears to be IAES If the parents disagree with the decision that the behavior (not involving a drug or weapon violation) is not a manifestation of the disability 8 they must be given complete procedural safeguards, including information on 8 the right to challenge the Manifestation Determination and placement decisions. 8 If the parent challenges the team�s decision, the student will �stay put� in the prior placement during the pendency of proceedings. 8 If the parents disagree with the decision that the behavior (not involving a drug or weapon violation) is not a manifestation of the disability 8 they must be given complete procedural safeguards, including information on 8 the right to challenge the Manifestation Determination and placement decisions. 8 If the parent challenges the team�s decision, the student will �stay put� in the prior placement during the pendency of proceedings. 8

29. Disciplinary Procedures for Weapon or Drug Violation What is a weapon? a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury except that such term does not include a pocket knife with a blade less that 2 1/2 inches in length Prior to IDEA �97 immediate removal was allowed only for a violation involving a firearm. 8 The definition of weapon has been expanded to that in the United States Criminal Code. 8Prior to IDEA �97 immediate removal was allowed only for a violation involving a firearm. 8 The definition of weapon has been expanded to that in the United States Criminal Code. 8

30. Disciplinary Procedures for Weapon or Drug Violations, contd Immediate Parental Notification procedural safeguards proposed disciplinary action Placement in Interim Alternative Educational Setting (IAES)for up to 45 calendar days If a student who is eligible for special education is found to be carrying a weapon or in possession, using, selling, or soliciting a controlled substance (not alcohol, not legal drugs) at school or at a school function he/she may be immediately removed from that school setting to an Interim Alternative Education Setting for up to 45 calendar days. 8 The parent must be notified of procedural safeguards and be given a description of the action proposed by the district. 8 The school principal may then place the student in the Interim Alternative Educational Setting. CAUTION: Students who are eligible for special education services may not be excluded longer than non-disabled peers for the same offense. 8If a student who is eligible for special education is found to be carrying a weapon or in possession, using, selling, or soliciting a controlled substance (not alcohol, not legal drugs) at school or at a school function he/she may be immediately removed from that school setting to an Interim Alternative Education Setting for up to 45 calendar days. 8 The parent must be notified of procedural safeguards and be given a description of the action proposed by the district. 8 The school principal may then place the student in the Interim Alternative Educational Setting. CAUTION: Students who are eligible for special education services may not be excluded longer than non-disabled peers for the same offense. 8

31. Disciplinary Procedures for Weapon or Drug Violations, contd IEP Team meets within 10 days develop or review and update Functional Behavioral Assessment develop or review and update Behavioral Intervention Plan conduct Manifestation Determination consider continuation of Interim Alternative Educational Setting 8 Within ten days of the student being placed in the Interim Alternative Educational Setting, the IEP team meets to�. 8 develop or review and update the Functional Behavioral Assessment, specific to the current misconduct. 8 develop or review and update the Behavioral Intervention Plan, specific to the misconduct8 determine whether the misconduct was a manifestation of the student�s disability and 8 and consider whether the placement in the Interim Alternative Educational Setting will be continued for all or part of the 45 days or whether another Interim Alternative Educational Setting is more appropriate. 88 Within ten days of the student being placed in the Interim Alternative Educational Setting, the IEP team meets to�. 8 develop or review and update the Functional Behavioral Assessment, specific to the current misconduct. 8 develop or review and update the Behavioral Intervention Plan, specific to the misconduct8 determine whether the misconduct was a manifestation of the student�s disability and 8 and consider whether the placement in the Interim Alternative Educational Setting will be continued for all or part of the 45 days or whether another Interim Alternative Educational Setting is more appropriate. 8

32. Behavior is a manifestationIs a Weapon or Drug Violation On or before the 46th calendar day return to previous placement continue Behavioral Intervention Plan continue IAES with parent consent continue Behavioral Intervention Plan expedited due process hearing requested by district �stay put� is placement prior to IAES If the misconduct involved a weapon or drugs and is a manifestation of the student�s disability , 8 on or before the 46th calendar day of services received in an Interim Alternative Education Setting ,8 the student must be returned to the student�s previous placement (with continued implementation of the Behavioral Intervention Plan). 8 However, with parent consent, a school district may continue services for the student in the Interim Alternative Educational Setting. 8 If the district wishes to pursue continued Interim Alternative Educational Setting placement without parental consent, it must request an expedited due process hearing. During the pendency of the hearing, the student must be returned to the prior placement. 8 If the misconduct involved a weapon or drugs and is a manifestation of the student�s disability , 8 on or before the 46th calendar day of services received in an Interim Alternative Education Setting ,8 the student must be returned to the student�s previous placement (with continued implementation of the Behavioral Intervention Plan). 8 However, with parent consent, a school district may continue services for the student in the Interim Alternative Educational Setting. 8 If the district wishes to pursue continued Interim Alternative Educational Setting placement without parental consent, it must request an expedited due process hearing. During the pendency of the hearing, the student must be returned to the prior placement. 8

33. Behavior is not a ManifestationIs a Weapon or Drug Violation On or before the 46th calendar day follow district discipline procedures provide alternative educational services including access to general curriculum parent notification procedural safeguards right to challenge Manifestation Determination change in placement 88 When a student who is eligible for special education is found to be carrying a weapon or in possession, using, selling, or soliciting a controlled substance (not alcohol, not legal drugs) at school or at a school function he/she may be immediately removed from that school setting to an Interim Alternative Education Setting for up to 45 calendar days. 8 The parent must be notified of procedural safeguards and the right to challenge the manifestation determination and placement. The school principal may then place the student in the Interim Alternative Educational Setting. CAUTION: Students who are eligible for special education services may not be excluded longer than non-disabled peers for the same offense. During any suspension of over ten days in the school year (cumulative or consecutive), however, educational services, including special education and related services and access to general curriculum, must be provided. 8 88 When a student who is eligible for special education is found to be carrying a weapon or in possession, using, selling, or soliciting a controlled substance (not alcohol, not legal drugs) at school or at a school function he/she may be immediately removed from that school setting to an Interim Alternative Education Setting for up to 45 calendar days. 8 The parent must be notified of procedural safeguards and the right to challenge the manifestation determination and placement. The school principal may then place the student in the Interim Alternative Educational Setting. CAUTION: Students who are eligible for special education services may not be excluded longer than non-disabled peers for the same offense. During any suspension of over ten days in the school year (cumulative or consecutive), however, educational services, including special education and related services and access to general curriculum, must be provided. 8

34. Behavior is not a ManifestationIs a Weapon or Drug Violation, contd. Parents challenge decision �stay put� is Interim Alternative Educational Setting 8 If the parents challenge the decision, procedural safeguards apply. During the resolution of the dispute, �stay put� is the Interim Alternative Educational Setting when the violation involves a weapon or drugs. 88 If the parents challenge the decision, procedural safeguards apply. During the resolution of the dispute, �stay put� is the Interim Alternative Educational Setting when the violation involves a weapon or drugs. 8

35. Referral to Law Enforcement and Judicial Authorities Report criminal behavior to appropriate agencies Transfer special education and discipline records to those agencies One clarification afforded school districts in IDEA �97 relates to the reporting of criminal behavior. The statute does not limit a district from 8 reporting any crime to the appropriate law enforcement or judicial agencies. 8 The district must, however, �ensure that copies of the special education and disciplinary records of the the child are transmitted for consideration by the appropriate authorities to whom it reports the crime.� 88One clarification afforded school districts in IDEA �97 relates to the reporting of criminal behavior. The statute does not limit a district from 8 reporting any crime to the appropriate law enforcement or judicial agencies. 8 The district must, however, �ensure that copies of the special education and disciplinary records of the the child are transmitted for consideration by the appropriate authorities to whom it reports the crime.� 88

36. Temporary Restraining Order (TRO) District must show placement substantially likely to result in injury current placement appropriate effort to minimize risk IAES meets FAPE requirements A school district can request a temporary restraining order through a due process hearing officer if a student is dangerous to himself/herself or others. However, to do so effectively, the district must be able to show that:88 a) the current placement is likely to result in injury; 8 b) the current placement is appropriate (including Behavioral Intervention Plan implementation); 8 c) reasonable efforts have been made to minimize risk in the current placement, including documentation of prior intervention; 8 d) the IAES meets the requirements to provide FAPE, including access to general curriculum and the ability to implement the behavior intervention plan, which is supposed to insure that the behavior does not recur (The language of the law says �more than a preponderance of evidence� is needed to prove dangerousness) 8A school district can request a temporary restraining order through a due process hearing officer if a student is dangerous to himself/herself or others. However, to do so effectively, the district must be able to show that:88 a) the current placement is likely to result in injury; 8 b) the current placement is appropriate (including Behavioral Intervention Plan implementation); 8 c) reasonable efforts have been made to minimize risk in the current placement, including documentation of prior intervention; 8 d) the IAES meets the requirements to provide FAPE, including access to general curriculum and the ability to implement the behavior intervention plan, which is supposed to insure that the behavior does not recur (The language of the law says �more than a preponderance of evidence� is needed to prove dangerousness) 8

37. IDEA �97In Conclusion... Congress: keep students in school Remediate behaviors Application to students who are in need of special education and those suspected of being disabled Access to general curriculum Functional Behavioral Assessment Behavioral Intervention Plans Interim Alternative Educational Settings access to general curriculum Weapons and drugs In conclusion, it is clear that Congress� intent in crafting the changes in disciplinary requirements in IDEA �97 was to keep students exhibiting behavioral problems in school. The responsibility of our public schools is not only to keep these students in school, but 8 to remediate the misconduct which previously has caused students to be wither suspended long term of expelled. 8 IDEA �97 expands these protections to students suspected of having disabilities, as well as those already identified as requiring special education services. 8 Services must follow these students during any suspension period longer than 10 days in a school year. These services must include implementation of the IEP, including related services, and access to the general curriculum. 8 A student exhibiting serious and or continued misconduct must have a Functional Behavioral Assessment and 8 a Behavioral Intervention Plan designed to improve the student�s behavior so that he/she can be successful in school. 8 Post suspension services must include implementation of the IEP, including related services, and access to the general curriculum but may be delivered in an Interim Alternative Educational Setting, which may take a variety of forms, either on or off school campus. 8 Weapon and drug violations allow the school principal to immediately place students in an Interim Alternative Educational Setting for up to 45 calendar days. 8 In conclusion, it is clear that Congress� intent in crafting the changes in disciplinary requirements in IDEA �97 was to keep students exhibiting behavioral problems in school. The responsibility of our public schools is not only to keep these students in school, but 8 to remediate the misconduct which previously has caused students to be wither suspended long term of expelled. 8 IDEA �97 expands these protections to students suspected of having disabilities, as well as those already identified as requiring special education services. 8 Services must follow these students during any suspension period longer than 10 days in a school year. These services must include implementation of the IEP, including related services, and access to the general curriculum. 8 A student exhibiting serious and or continued misconduct must have a Functional Behavioral Assessment and 8 a Behavioral Intervention Plan designed to improve the student�s behavior so that he/she can be successful in school. 8 Post suspension services must include implementation of the IEP, including related services, and access to the general curriculum but may be delivered in an Interim Alternative Educational Setting, which may take a variety of forms, either on or off school campus. 8 Weapon and drug violations allow the school principal to immediately place students in an Interim Alternative Educational Setting for up to 45 calendar days. 8