1 / 30

2015-2016 Mandated Issues and Guidelines

2015-2016 Mandated Issues and Guidelines. 2015-2016 Topics for Discussion. Child Abuse & Neglect-Mandatory Reporting FERPA and Related Issues for School Personnel 504-IAPs IEPs Manifestation Determinations. Child Abuse & Neglect-Mandatory Reporting. Where to Report.

phillipsjames
Download Presentation

2015-2016 Mandated Issues and Guidelines

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 2015-2016Mandated Issues and Guidelines

  2. 2015-2016 Topics for Discussion • Child Abuse & Neglect-Mandatory Reporting • FERPA and Related Issues for School Personnel • 504-IAPs • IEPs • Manifestation Determinations

  3. Child Abuse & Neglect-Mandatory Reporting

  4. Where to Report CHILD ABUSE/NEGLECT HOTLINE 1-800-392-3738 “Guidelines for Mandated Reporters” http://www.dss.mo.gov/cd/pdf/guidelines_can_reports.pdf

  5. Suspicion of Child Abuse and/or Neglect (in home investigation) ↓ ↓ Mandatory Reporter that received the information immediately reports the allegation to the Child Abuse Hotline ↓ ↓ Hotline form is faxed to Director of Student Services along with any supporting information requested by Investigator

  6. Suspicion of Child Abuse With an allegation against an FFSD staff member (out of home investigation) ↓ Administrator contacts HR Office-Assistant Superintendent of Human Resources ↓ ↘ -Assist Sup of HR contacts Superintendent -Assist Sup of HR contacts appropriate Exec Director ↓ Hotline call is immediately made by the Mandatory Reporter that received the allegation ↓ Hotline form is faxed to Assistant Superintendent of HR along with any supporting information requested by the CD Investigator ↓ Assistant Superintendent of HR notifies Superintendent of outcome

  7. Suspicion of Child Abuse With and allegation against an SSD staff member (out of home investigation) ↓ Administrator contacts HR Office-Assistant Superintendent of Human Resources ↓↘ -Assist Sup of HR contacts Superintendent -Assist Sup of HR contacts SSD Regional Director→ -SSD Reg Dir contacts SSD Area Coordinator -Assist Sup of HR contacts appropriate Exec Director ↓ Hotline call is immediately made by the Mandatory Reporter that received the allegation ↓ Hotline form is faxed to Assistant Superintendent of HR along with any supporting information requested by the CD Investigator ↓ Assistant Superintendent of HR notifies Superintendent of outcome

  8. FERPA & Related Issues for School Personnel

  9. Family Educational Rights & Privacy Act What should school employees do? Keep student information confidential! Disclose records properly only upon written request to authorized persons Report breaches of confidentiality promptly

  10. Custody Issues • Custodial parent vs. non-custodial parent -educational decisions -access to child -access to records, meetings, etc. • Parenting Plans-we follow if applicable to the best of our ability, but do not enforce • Step-parents

  11. Subpoenas • Subpoena = “under penalty” • Court order, not an invitation • Different types -records only with a business records affidavit -records and testimony testimony optional testimony required -testimony only

  12. How should staff respond to a subpoena? • Notify Director of Student Services immediately • In general, avoid speaking to attorneys for the parties • Read the subpoena carefully • Consult with the building administrator What should be sent in response to a subpoena? • No original documents • No personal opinion notes or letters What are some helpful hints? • READ the subpoena carefully • Do not send less or more than requested • Privileged communication with the District attorney should never be sent • GET ASSISTANCE!!!!!

  13. Orders of Protection • Parents -get copy of order -discuss plan with parent(s), as appropriate -contact law enforcement as needed • Students or parents vs. staff -do not ignore -seek assistance -consider underlying allegations and address as appropriate • Students vs. students -new trend -do not by themselves provide a basis for exclusion from school -consider underlying conduct -consider appropriateness of safety plans and/or behavior contracts

  14. Section 504 of the Rehabilitation Act and the Americans with Disabilities Act and Amendments 504 (IAP) Plans

  15. Section 504 Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance. Disability is defined as a mental or physical condition that substantially limits one or more major life activities.

  16. 504 PlanHow do I get one of those? PROCESS, PROCESS, PROCESS, PROCESS, PROCESS • Evaluation • Eligibility Determination • Plan A 504 IAP IS A LEGAL DOCUMENT

  17. Individuals with Disabilities Education Act Individual Education Programs

  18. IEPsHow do I get one of those? PROCESS, PROCESS, PROCESS, PROCESS, PROCESS • Evaluation • Eligibility Determination • IEP AN IEP IS A LEGAL DOCUMENT

  19. Manifestation Determination Meeting Requirements Students with Disabilities and Suspected Disabilities

  20. Manifestation Determination Meeting Requirements Students with Disabilities IEPs and 504 Plans

  21. Manifestation Determination MeetingsWhat, When & Why? • WHAT • Due process rights for students with IEPs and 504 Plans (students found eligible of having disability)

  22. Manifestation Determination MeetingsWhat, When & Why? • WHEN • A Manifestation must be held if a student with an IEP or 504 Plan is suspended more than 10 days at one time OR receives 10 days plus a hearing. • ALSO • If there are more than 10 cumulative suspensions in a school year • IEPs- • the Special Education Teacher, General Education Teacher and AC review the suspensions looking for a pattern and similar behaviors • 504 Plans- • the counselor and 504 Specialist review the suspensions looking for a pattern and similar behaviors (SSD AC is a resource to assist in this process)

  23. Determining a pattern? • Determining a pattern (for Students with IEPs this is completed by SSD and Component District Rep, for students with 504 Plans this is completed by counselor and 504 Specialist): • Like behaviors AND • LAP • Length of suspensions • Amount of suspensions • Proximity of suspension • IT IS IMPORTANT THAT WRITTEN REFERRALS ARE SPECIFIC DOCUMENTATION OF THE BEHAVIOR (i.e. “aggressive” is better reported as: “kicking two adults, yelling at other students to stop staring at him, and threw a scissors across the room when asked to do math”)

  24. Manifestation Determination MeetingsWhat, When & Why? • WHY • To provide due process rights to students with disabilities – it’s the law!

  25. Questions to Ask during a Manifestation Determination Meeting • Was the conduct in question caused by, or have a direct and substantial relationship to, the child’s disability or suspected disability; or • Was the conduct in question the direct result of the school’s failure to implement the IEP or 504 Plan?

  26. If “YES” to either question, the behavior is a manifestation of the disability • Functional Assessment (FBA)/Behavior Intervention Plan (BIP) MUST be present, or • Complete a FBA to develop a BIP • Review and/or modify current BIP • Review and Revise IEP • RETURN STUDENT TO SCHOOL

  27. If “No” to both questions, the behavior is NOT a manifestation of the disability • Child may be disciplined as any other child for a similar offense. • Functional Behavior Assessment (FBA) or Behavior Improvement Plan (BIP) are NOT required. • If student has an IEP--Student must still receive services upon the eleventh day of the suspension. (If student has a 504 Plan—No obligation to provide services but must accommodate if work is expected to be completed) • short term, sending homework home would suffice • Long Term- homebound services (IEP event) or assignment to MT/SSC would be appropriate

  28. Manifestation Determination Meeting Requirements Students with Suspected Disabilities

  29. What is a suspected disability as it relates to discipline? • A child who has not been determined to be eligible for special education and related services and who had engaged in behavior that violated any rule or code of conduct of the local education agency may assert any of the protections provided for in this subchapter if the local educational agency had knowledge that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred. • A Manifestation must be held if a student has a suspected disability under Section 504 or IDEA and is suspended or subject to any disciplinary action. Knowledgecan be defined as: • The parent of the child has expressed concern in writing to the principal, teacher, or counselor at their appropriate educational agency that the child is in need of special education and related services; • The behavior or performance of the child demonstrates the need for such services; •  The teacher of the child or other school personnel has expressed concern about the behavior or performance indicating that the child has a disability. • If there is no “knowledge,” the child is subject to the same disciplinary measures as a child without a disability who engaged in comparable behavior.

  30. 2015-2016Mandated Issues and Guidelines QUESTIONS?

More Related