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Required Services, Procedures, and Data

This presentation discusses the procedures and data related to the suspension and expulsion of special education students. It covers topics such as disciplinary removals, interim alternative educational settings, manifestation determinations, and change of placements.

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Required Services, Procedures, and Data

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  1. Suspension & Expulsion Required Services, Procedures, and Data Presented by Scott Hall 2009 Special Education Fall Conference

  2. OAR’s related to discipline of special education students OAR 581-015-2400 through OAR 581-015-2440 Discipline Incidents Collection Topics Covered Student Learning & Partnerships 2

  3. Disciplinary Removals for up to 10 school days Disciplinary Removals over 10 school days (no pattern) Disciplinary Removals over 10 school days (pattern or consecutive) Removals to Interim Alternative Educational Setting (IAES) Four Main Subsets Student Learning & Partnerships 3

  4. Definitions Current education placement, described in current IEP’s annual determination of placement Disciplinary removal, suspension, expulsion, or removal from school for disciplinary reasons OAR 581-015-2400 Student Learning & Partnerships 4

  5. Disciplinary removals do not include: Removals by other agencies or public health reasons In school suspensions if student has access to general curriculum, IEP services, and participate with nondisabled peers Bus suspensions unless a related service OAR 581-015-2400 cont. Student Learning & Partnerships 5

  6. Disciplinary Removals for up to 10 school days Not considered a change of placement Provide same services to special education student as general education student (access to general curriculum and special education services) OAR 581-015-2405 Student Learning & Partnerships 6

  7. Behavior Manifestation not required Student transfers from out of state (suspension days not counted) Student transfers within state (suspension days counted if known) OAR 581-015-2405 cont. Student Learning & Partnerships 7

  8. Disciplinary Removals over 10 school days (no pattern) Not considered a change in placement Schools (identified team) determine on case by case basis if pattern: Behavior is similar to previous incidents resulting in removal Length, total time, proximity OAR 581-015-2410 Student Learning & Partnerships 8

  9. Services required; general curriculum, and meeting IEP goals School with student’s teacher(s) determine services, location, delivery Manifestation determination not required OAR 581-015-2410 cont. Student Learning & Partnerships 9

  10. Disciplinary Removals over 10 school days (consecutive or pattern) Is considered a change in placement Manifestation determination required (within 10 school days of decision) OAR 581-015-2415 Student Learning & Partnerships 10

  11. If behavior is an manifestation: Return student to placement Conduct functional behavior assessment (FBA) Develop or modify behavioral plan to address behavior OAR 581-015-2415 cont. Student Learning & Partnerships 11

  12. If behavior is not an manifestation: Student is discipline same as general education students Same day decision to change placement notify parents and provide procedural safeguards OAR 581-015-2415 cont Student Learning & Partnerships 12

  13. Provide services to student, IEP team determines services, location, delivery If appropriate, conduct FBA (not required) OAR 581-015-2415 cont Student Learning & Partnerships 13

  14. Manifestation Determinations (MD) Team: district, parent, IEP team members (determined by parent and district) Review: student’s file, IEP, teacher observation, information from parent Determine: Conduct was caused by or direct relationship to disability OR…. OAR 581-015-2420 Student Learning & Partnerships 14

  15. Conduct result of district failure to implement IEP If A or B apply then conduct is manifestation of student’s disability If B district required to take immediate steps to remedy deficiencies (implement full IEP) OAR 581-015-2420 cont. Student Learning & Partnerships 15

  16. Removal to Interim Alternative Educational Setting (IAES) Special circumstances: Weapons, Drugs, Serious Bodily Injury (SBI) Removal for same time as general education student or up to 45 school days Is considered a change in placement OAR 581-015-2425 Student Learning & Partnerships 16

  17. Manifestation determination required (within 10 school days of decision) IAES can continue without regard to MD MD outcome will impact plan when IAES ends and if FBA is required Same day decision to change placement notify parents and provide procedural safeguards Provide services to student, IEP team determines services, location, delivery OAR 581-015-2425 cont. Student Learning & Partnerships 17

  18. Change of placements (Over 10 day removals) behavior is manifestation student to return to placement (OAR 581-015-2415) IEP team (parent and district) agree to change of placement Special circumstances (W, D, SBI) IAES for up to 45 school days Options Student Learning & Partnerships 18

  19. Administrative Law Judge (ADJ) up to 45 school days (OAR 581-015-2430) ADJ removal to IAES Injurious Behavior Injurious Behavior likely to result in injury to self or others Procedures can be repeated by district if needed Options cont. Student Learning & Partnerships 19

  20. Parent request Due Process hearing over Manifestation Determination, removal, placement due to disciplinary removal (OAR 581-015-2425) Student remains in IAES placement setting pending outcome of due process hearing Options cont. Student Learning & Partnerships 20

  21. Protections of students not yet identified (OAR 581-015-2440) Student’s entitled to IDEA protections if district “had knowledge” of possible disability (Child find) before the behavior of discipline action Options cont. Student Learning & Partnerships 21

  22. If an evaluation is requested it must be conducted in expedited manner Student remains in education placement determined by district Placement can include expulsion, suspension, etc. Options cont. Student Learning & Partnerships 22

  23. Questions? Student Learning & Partnerships 23

  24. Schools report disciplinary incidents to Oregon Department of Education Discipline Incidents collection May 1st through June 30th Final Verification Process Discipline Incidents Data Collection Student Learning & Partnerships 24

  25. Collection documents on district web page https://district.ode.state.or.us/ Instruction manual, file layout, V-tel presentation Discipline Incidents Data Collection Student Learning & Partnerships 25

  26. Student Level Collection Row 38 Special Education Flag Row 53 SECC Students Primary Disability Row 54 Discipline Action Date File Layout Student Learning & Partnerships 26

  27. Row 55 Discipline Action Type Code Row 63 Discipline Modifier Code Row 64 Discipline Days Row 65 Interim Educational Services Flag File Layout Student Learning & Partnerships 27

  28. Q: Why is it important for Special Education staff to be knowledgeable of the Discipline Incidents collection? Special Education Student Learning & Partnerships 28

  29. A: Annual Performance Report (APR) • Indicator B4: Rates of suspension and expulsion • Oregon’s definition of significant discrepancy • Weighted risk ration >2.0 IDEA students and • >3 IDEA-eligible students with greater than 10 days suspension/expulsion. Special Education Student Learning & Partnerships 29

  30. Questions? Title IV-A Safe & Drug-Free School and Communities • Scott Hall, Education Specialist Oregon Department of Education • Monitoring, Systems and Outcomes • 503.947.5628 • scott.hall@state.or.us Student Learning & Partnerships 30

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