GOALS OF TRAINING

1. GOALS OF TRAINING • Understand basic principles of special education discipline requirements • Apply basic rules of special education discipline requirements • Become aware of the Special Education Disciplinary Action Advisor and other resources

2. Basic Principles Special education discipline provisions attempt to strike a balance between: • the concerns of school administrators, staff, and parents regarding school safety and order, • helping schools respond appropriately to a child’s behavior, • promoting the use of appropriate behavioral interventions and supports, and • increasing the likelihood of success in school and school completion for some of our most at-risk students.

3. Basic Principles • Proactive approach to behavior issues • If behavior impedes learning, the IEP team must consider appropriate strategies, supports and services

4. Proactive Approach to Behavior • Functional behavioral assessments • Positive behavioral intervention plans

5. Functional Behavioral Assessment • Continuous process for identifying: • purpose or function of behavior • variables that influence behavior • components of an effective behavioral intervention plan

6. Functional Behavioral Assessment • Antecedent • Behavior • Consequence

7. Common Functions of Behavior • Escape or avoidance • Justice or revenge • Acceptance • Power or control • Self expression • Rewards

8. When is FBA Used? • when legally required • challenging behaviors • when program ineffective • risk of harm or exclusion • when restrictive setting considered • repeated and serious behavior

9. Who Does the FBA/BIP ? • Involve parents/IEP team in FBA • IEP team develops the behavioral intervention plan

10. Positive Behavioral Supports/Interventions • Modify environment • Teach replacement skills

11. Examples of Positive Supports/Interventions • modifying or adjusting instructional strategies, curriculum, and materials • modifying or adjusting classroom seating, arrangement, or traffic • modifying or adjusting testing and evaluation procedures • providing increased choices • providing predictable classroom routines • foreshadowing change • cueing students • having clear, consistent expectations and consequences

12. DisciplineLegal Authority • Individuals with Disabilities Education Act of 1997 (I.D.E.A.), 20 U.S.C. 1415k • Subchapter V of chapter 115, Stats., • §120.13, Stats. • §118.164, Stats., Regulations • 34 C.F.R. 300.121; 300.519- 300.529 – • Caselaw

13. Pretest

14. Key Points • Schools and parents can often agree • Discipline permitted only to same extent as nondisabled • No absolute limit on days of removal • Short removals allowed if not a change of placement • When disciplinary removals exceed 10 cumulative school days, specific actions required

15. Key Points • Manifestation determination required with any disciplinary change of placement • Change of placement occurs when- • more than 10 consecutive school days; or • more than 10 cumulative school days that create a pattern of removal • Not required with a short term removal that is not a change of placement

16. Key Points Functional behavioral assessment and behavioral intervention plan required: • with any disciplinary change of placement; and • with any removal over 10 cumulative school days in a school year

17. Key Points Services during disciplinary removals • not required during the first 10 school days in a school year • specific requirements after 10 school days in a school

18. Range of Options • Specially designed instruction or related services, including behavior management strategies and supports • Conflict management • Study carrels, timeouts, restriction of privileges • Restriction of extra-curricular activities

19. Range of Options • In-school removal • Suspension from school • Expulsion • IAES for weapons/drugs • IAES when injury likely • Court Order • Combination of options

20. In-school Removal • Cannot exceed 10 consecutive school days or exceed 10 cumulative school days and create a pattern

21. In-school Removal Don’t “count” as disciplinary removals if the child: • has the opportunity to continue to progress in the general curriculum; • continues to receive IEP services; and • continues to participate with nondisabled children to the same extent

22. Removal from class by teacher under 118.164 If student: • violates the code of conduct adopted by the school board; • is disruptive, dangerous or unruly as defined in code of conduct; or • interferes with the ability to teach effectively, as specified in the code of conduct

23. Removal from class by teacher under 118.164 • Teacher sends student to principal or designee • Teacher immediately notifies principal or designee of reasons for removal from class • Teacher provides principal or designee written explanation of reasons for removal within 24 hours

24. Removal from class by teacher under 118.164 • The principal or designee places the child in: • An alternative education program under s. 115.28(7)(e)1; • Another class or another appropriate place in the school; • Another instructional setting; or • The class from which student was removed. • Other discipline may also be imposed

25. Removal from class by teacher under 118.164 • Removals from class are subject to special education requirements • Removals from class cannot be unilaterally imposed by school personnel if they would constitute a change of placement (greater than 10 days consecutive or greater than 10 days cumulative that creates a pattern)

26. Suspension from school • Noncompliance with school rules • Making a bomb threat • Conduct by the pupil while at school or while under the supervision of a school authority which endangers the property, health or safety of others • Conduct while not at school or while not under the supervision of a school authority which endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employee or school board member of the school district in which the pupil is enrolled

27. Suspension from school • Limited to 5 days • Up to 10 days, if notice of expulsion hearing has been sent

28. Suspension from school • Up to 15 days if notice of expulsion hearing has been sent if: • IEP team determines misconduct not a manifestation of the child’s disability, and • manifestation determination done before removal may extend beyond 10 consecutive school days or otherwise constitutes a change in placement

29. Suspension procedures • Advise student of reason and right to respond prior to suspension • Promptly notify parent of reason for suspension

30. Challenging a Suspension • Conference with school district administrator or designee within 5 days • Decision within 15 days of conference • Removal from child’s record • Due process hearing

31. Expulsion • Generally, a pupil may be expelled from school if the school board finds the pupil guilty of- • repeated refusal or neglect to obey the rules; • making a bomb threat; • conduct at school which endangers the property, health or safety of others; or • conduct not at school which endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of others at school.

32. General Expulsion Procedures • Specific written notice to the pupil and parent • Hearing • Board finding that the alleged conduct occurred and that it meets a statutory basis for expulsion • Board finding that the interest of the school demands the pupil’s expulsion

33. General Expulsion Procedures • Copy of the expulsion order to pupil and parent • Right to appeal to the State Superintendent • State Superintendent will approve, reverse or modify within 60 days • Appeal to court within 30 days

34. General Expulsion Procedures • No right to educational services during expulsion • Some districts provide services • No right to enroll in a new district during expulsion

35. Firearms and Expulsion • District shall suspend pupil • School board shall commence expulsion • If conduct proven, school board shall expel for a period of not less than one year • Board can modify on a case-by case basis

36. Expulsion and Special Education Law • A child with a disability can be expelled only if the conduct is not a manifestation of the child’s disability • IEP team makes the manifestation determination

37. Expulsion and Special Education Law • If not a manifestation, child may be expelled, but must continue FAPE • If manifestation, child may not be expelled, but IEP and placement may modified through IEP team process

38. Expulsion and Special Education Law • What about the Gun Free Schools Act? • If conduct is a manifestation of the disability, must modify the requirement to expel

39. Expulsion and Special Education Law • Appeal to State Superintendent/Court • Due process hearing • “Stay put” • Parents and school can agree to another placement • Special rules for weapons, illegal drugs and dangerous conduct

40. IAES for Weapons & Illegal Drugs • School may place a child with a disability in an IAES for up to 45 calendar days for weapons/drugs • IEP team determines IAES and services • Whether or not conduct is a manifestation of the child’s disability • If due process request, child remains in the IAES pending decision

41. IAES for Weapons & Illegal Drugs • “weapon” means a device, instrument, material, or substance, used for, or readily capable of, causing death or serious bodily injury. • The term does not include a pocketknife with a blade of less than 2 ½ inches in length.

42. IAES for Weapons & Illegal Drugs • Controlled substance includes “street drugs” and prescription drugs • Illegal drugs are controlled substances unless possessed or used lawfully, e.g. with a prescription • Does not include alcohol and tobacco

43. IAES for Dangerous Conduct • Hearing Officer may place a child in IAES for up to 45 calendar days if substantially likely to result in injury • Efforts to minimize risk of harm • Appropriate services in the IAES • Can repeat as needed • Court order still available

44. Combination of Options Examples: • suspend and place in other school setting • suspension pending expulsion • place in other school setting pending IAES, etc

45. Steps Required for Types of Removals • 10 days or less in a school year • More than 10 days in a school year, but not a change of placement: • the first time in excess of 10 days, and • subsequent removals in excess of 10 days • Change of placement

46. 10 Days or Less in a School Year • Follow procedures used for nondisabled child • Services are not required • FBA and BIP are not required, but may be appropriate • Manifestation Determination is not required

47. Recommended Response to Repeated Removals • Before removals exceed 10 days, take proactive steps • Consider IEP/placement • Consider functional behavioral assessment • Consider behavioral intervention strategies

48. More than 10 cumulative school days in a school year, but not a change of placement • The first time the child is removed for more than 10 cumulative days: • Services during removal, determined by school personnel in consultation with special education teacher • IEP team meeting regarding FBA and BIP within 10 business days • No manifestation determination required

49. More than 10 cumulative school days in a school year, but not a change of placement • Subsequent short term removals: • Services during removal, determined by school personnel in consultation with special education teacher • IEP team review of BIP and meeting only if change needed • No manifestation determination required

50. Series of Removals Resulting in Change of Placement • A series of removals in excess of 10 cumulative school days that create a pattern • School officials decide if it’s a pattern • Based upon: • length of each removal, • the proximity of removals to one another, and • the total amount of time