Rethinking Discipline: Special Education Considerations

1. Rethinking Discipline: Special Education Considerations Exploring topics related to equity in graduation success Kefi Andersen – OSPI Graduation Equity Program Supervisor Scott Raub – OSPI Special education Parent & community Liaison

2. Superintendent Reykdal’s K-12 Education Vision “The goal of our education system is to prepare all of our students for post-secondary aspirations, careers, and life.” OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

3. Measures of Success • Increase four- and five-year high school graduation rates • Increase enrollment and completion rates and decrease remediation rates in post-secondary training and education • Performance Indicators • We must help students: • Enter kindergarten with expected skills in all six areas identified by the Washington Kindergarten Inventory of Developing Skills (WaKIDS). • Meet standard on the 3rd-, 8th-, and 11th-grade statewide English language arts (ELA) and math assessments, and the 8th-grade statewide science assessment. • Grow toward proficiency in ELA and math, as determined by Student Growth Percentiles, in 4th and 6th grades. • Enroll in Algebra I/Integrated Math I by the end of 8th or 9th grade and earn high school credit. • Enroll in college-level courses and earn dual credit. • Take the SAT and ACT and earn college-ready scores. • Access financial aid for post-secondary learning. • We must help students avoid: • 9th-grade course failure. • Suspensions and expulsions. • Chronic absenteeism. Measuring Success

4. Questions & Polling Question | CC 0 • What are you most interested in learning about today? • A. Discipline Themes • B. Building the system • C. Practical advice for implementing a systems change • D. Resources to support my discipline work • E. New legislative rules • F. Other OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

5. Today’s Topic • Reviewing special education considerations for student discipline and implementing Multi-Tiered Systems of Support (MTSS) http://k12.wa.us/MTSS/default.aspx OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

6. Themes for Supporting Positive Behavior • Restorative Practices • ACES • Trauma Informed OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

7. Common Misconceptions • Multi-Tiered Systems of Support (MTSS) using positive behavioral interventions and supports (PBIS) are not a substitute for Specially Designed Instruction (SDI) or special education related services. • School districts have an affirmative duty to locate, identify, and evaluate students who may be in need of special education services (i.e., “child find”). OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

8. Battle Ground Example OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

9. Eligibility for Special Education • Students determined eligible for special education services must meet all three of the following criteria: • The student must have a disability or disabilities. • The student's disability/disabilities adversely affect educational performance. • The student’s unique needs cannot be addressed through education in general education classes alone – with or without individual accommodations and requires specially designed instruction (SDI). • Parents, school personnel, school district staff, or other persons with knowledge about a student may make a referral requesting that the student be evaluated to determine eligibility for special education. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

10. Specially Designed Instruction • Specially designed instruction is a set of organized and planned instructional activities which adapt, as appropriate, the content, methodology, or delivery of instruction to address the unique needs that result from a student’s disability. (WAC 392-172A-01175) OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

11. Special education’s role OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

12. Special Education may also include… • Related Services • Supplementary Aids and Services • Accommodations and Modifications • MTSS/PBIS teams and buildings should be aware of students eligible for special education who need accommodations or modifications within the general education setting in order to participate. • RTI or other general education interventions are not a substitute for specially designed instruction and should not be used to delay a referral and possible evaluation for special education services. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

13. Questions & Polling • Does a student have to be identified with an emotional/behavioral disability in order to receive SDI for behavior? • A. Yes • B. No Question | CC 0 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

14. Individualized Education Program • An Individualized Education Program (IEP) is a written statement for a student eligible for special education that describes the amount of time that a student will spend receiving special education, any related services your student will receive, and the academic/behavioral goals and expectations for the year. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

15. Individualized Education Program • IEP teams must also consider special factors unique to a student eligible for special education: • This discussion includes considering the use of positive behavioral interventions and supports, to address behavior, in the case of a student whose behavior impedes the student's learning or that of others. • Any eligible student can receive SDI for behavior and/or have a Behavioral Intervention Plan (BIP) included in their IEP, regardless of their eligibility category, if determined necessary by the IEP team. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

16. WAC 392-172A-03105(3)(a) • Each school district must ensure that a student’s IEP is accessible to each general education teacher, special education teacher, related service provider, and any other service provider who is responsible for its implementation.  • WAC 392-172A-03105(3)(a) OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

17. Battle Ground Example OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

18. Behavioral Intervention Plan • A behavioral intervention plan (BIP) is a plan incorporated into a student’s IEP if determined necessary by the IEP team. • The BIP, at minimum, must describe: • The pattern of behavior(s) that impedes the student’s learning or the learning of others; • The instructional and/or environmental conditions or circumstances that contribute to the pattern of behavior(s) being addressed by the IEP team; OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

19. Behavioral Intervention Plan • The BIP, at minimum, must describe: • The positive behavioral interventions and supports to: • reduce the pattern of behavior(s) that impedes your student’s learning or the learning of others and increases the desired prosocial behaviors; and • ensure that the consistency of the implementation of the positive behavioral interventions across all of the student’s school-sponsored instruction or activities; • The skills that will be taught to the student and monitored by the school district as alternatives to the pattern of challenging behavior(s) identified. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

20. Key Special Education Considerations Multi-Tiered Systems of Support (MTSS) using positive behavioral interventions and supports (PBIS) are not a substitute for Specially Designed Instruction (SDI) or special education related services. Students eligible for special education may have a BIP. School personnel may consider any unique circumstances on a case-by-case basis when determining whether disciplinary action is appropriate for a student eligible for special education services who violates a code of student conduct.

21. Questions & Polling • Can a student eligible for special education be suspended/expelled for more than 10 days within a school year? • A. Yes • B. No • C. Maybe Question | CC 0 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

22. Discipline: Two Processes to Consider General education: SPECIAL Education: Special education discipline rules and procedures to make decisions about whether a student will be removed from her/his current special education placement, and if so, the services that will be provided to the student. • General education discipline process, following the rules and procedures to address whether the student actually engaged in the misconduct, including any decisions about the length and type of removal. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

23. General Education Discipline Rule Making

24. Special Education Discipline Procedures School personnel may consider any unique circumstances on a case-by-case basis when determining whether disciplinary action is appropriate for a student eligible for special education services who violates a code of student conduct. Students eligible for special education, in general, may not be removed from their educational placement for more than 10 school days in a row or be subjected to a series of removals that total more than 10 school days in a year. Removals of 10 days or more are considered to be a change of placement.

25. Special Education Decision Making Process • Special Education Discipline Flowchart OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

26. Special Education Discipline Tips • If a student eligible for special education is being suspended/expelled for 10 consecutive days or more, or has been removed for more than 10 days within a school year, then a Manifestation Determination meeting likely needs to occur. Consult your district special education office for guidance. • Do not forget that days a student is removed for an emergency expulsion count towards the 10-day limit for removals. • Do not forget that sending a student home early from school or reducing a student’s school day (without IEP team authorization), is considered a suspension under state general education rules (WAC Chapter 392-200).

27. Survey Tell us how we’re doing: http://www.surveygizmo.com/s3/3887996/2017-18-GATE-Webinar-Series-Survey OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION http://www.clker.com/clipart-discussion-icon.html | CC00

28. Contact • Scott Raub • 360-725-6075 • scott.raub@k12.wa.us OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

29. Creative Commons Images Used OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION Except where otherwise noted, this work by the Office of Superintendent of Public Instruction is licensed under a Creative Commons 4.0 International License.