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Applying Appropriate Discipline Practices

This session aims to provide participants with knowledge of disciplinary requirements and language. It covers the concept of removals, manifestation determination, and the importance of appropriate discipline practices in improving student outcomes.

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Applying Appropriate Discipline Practices

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  1. Applying Appropriate Discipline Practices

  2. Disclaimer  The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations for the Education of Students with Exceptionalities and is not necessarily the sole philosophy of the presenter. (Please don’t shoot the messenger!!)

  3. Say A Prayer?

  4. Foreword • The use of a school wide positive behavior support program (SWPBS) may greatly reduce the need for the following information. • For more information regarding SWPBS please contact: Dr. Frances Clark West Virginia Department of Education 304-558-2696 fclark@access.k12.wv.us

  5. Session Objectives • Participants will: • Identify the role of disciplinary requirements in relation to accountability for student results • Apply knowledge of disciplinary language and requirements • Identify various types of removals and their procedural requirements

  6. Benefits to Appropriate Practices • Improved attendance rates Decreased suspensions • Increased participation in assessments • Improved performance on assessments • Increased graduation rates Decreased drop out rates

  7. FAPE Manifestation Determination Removals Making Sense Out Of The Language Of Discipline FBA IDEA 2004 & POLICY 2419

  8. “Check Prior Knowledge!” • Briefly, complete the matching vocabulary exercise handout.

  9. a. Procedural Safeguards d. FAPE b. Behavior Intervention Plan (BIP) e. Functional Behavior Assessment (FBA) c. Manifestation Determination f. Removals g. Disciplinary Change of Placement ____1. a decision about relationship between disability and behavior _____2. series of removals that is a pattern based on factors such as length and proximity _____3. includes special education and related services provided at public expense _____4. method of determining purpose of behavior _____5. designed to include environmental adaptations, staff responses and methods of teaching replacement behaviors _____6. provides parents and adult students with their rights regarding the special education process _____7. includes suspensions, expulsions, or other instances in which student is sent home because of disciplinary purposes.

  10. Understanding the Terms • Removals – any time a student is taken from the educational placement as a disciplinary action • Change of Placement • Removal of more than 10 consecutive days; or • Removals that constitute a pattern • > 10 cumulative school days • Similarity of removal behaviors and • Length, total time and proximity of removals

  11. Understanding the Terms • Manifestation Determination Review (MDR)–aprocess the IEP team uses to decide if the behavior subject to discipline is inherent to the student’s disability. • Functional Behavior Assessment (FBA) – a method of determining the purpose of the behavior(s) subject to disciplinary action • Behavior Intervention Plan (BIP) – developed using FBA information, includes methods for teaching replacement behaviors, strategies for meeting student needs appropriately, environmental adaptations, etc.

  12. Understanding the Terms • Free Appropriate Public Education (FAPE) – special education and related services • Provided at public expense • Meets WVDE standards & Policy 2419 requirements • Includes preschool through high school • Provided in conformity with the Individual Education Plan (IEP) • Encompasses services necessary for the student • Procedural Safeguards - a document that informs parents/adult students of their rights regarding the special education process

  13. http://wvde.state.wv.us/specialeducationcompliance/resources.htmlhttp://wvde.state.wv.us/specialeducationcompliance/resources.html

  14. <11 Days of Removal • Apply discipline as with all students. • No special procedures apply.

  15. 11+ Days of Removal • Decision Number 1: Does this removal constitute a change of placement for the student?

  16. Change of Placement? • 2 criteria to consider • Removal for >10 consecutive days OR • Removals constitute a pattern

  17. A Pattern Exists When: • the student’s cumulative removals are >10 school days, and • thereis similarity of removal behaviors to previous behaviors, and • length, total time and proximity of removals have been considered.

  18. Activity 1 • With a partner, consider the data and answer only questions 1,2 and 3.

  19. Not a Change of Placement • Apply discipline as with all students • Consultation required • Consider completing FBA • Consider interventions

  20. Change of Placement • Notice of suspension (PWN) • Procedural Safeguards • Schedule IEP team meeting

  21. Decision Number 2: Is the student’s conduct a manifestation of the student’s disability?

  22. Manifestation of Disability? • Direct, substantial relationship, OR • Failure to implement IEP

  23. Not a Manifestation • IEP team determines need for FBA/BIP • IEP team determines services/setting • Apply discipline as with all students

  24. A Manifestation of Disability • Conduct FBA, if none previous • Develop or review and revise BIP • Determine educational services • Return student to prior placement, unless other agreement

  25. Activity 2 Refer to hand out number 3 once again and with your neighbor answer questions 4 and 5.

  26. Special Circumstances • Weapons • Drugs • Serious Bodily Injury • Discipline Procedures Addressed in: • WV School Code §18A-5-1a • IDEA 2004 • Policy 2419

  27. Federal Definitions • Carries or possesses a weapon • Knowingly possesses, carries, or uses illegal drugs or sells or solicits the sale of a controlled substance • Inflicts serious bodily harm involving: • A substantial risk of death • Extreme physical pain • Protracted and obvious disfigurement or loss/impairment of function of bodily member, organ or mental faculty to another person

  28. Right to Appeal • Filing of a due process complaint • Parent -- disagreement with placement or manifestation determination • District -- concern over potential injury if student maintains current placement • Expedited Hearing

  29. Other Considerations • Request for Evaluation of Disciplined Student • Protection for Students Not Yet Eligible • Involvement with Law Enforcement • Transfer of Discipline Records

  30. Other Considerations (Cont.) • Request for Evaluation of Disciplined Student • Stay put • Expedited evaluation • Determine eligibility • Apply appropriate procedures

  31. Other Considerations (Cont.) • Protection for Students Not Yet Eligible • Basis of knowledge • No basis of knowledge

  32. Other Considerations (Cont.) • Involvement with Law Enforcement • May report crimes by students • Must report students with firearms • Provide discipline & special education records as permitted by regulations

  33. Other Considerations (Cont.) • Transfer of Discipline Records • WV Code §18A-5-1a

  34. Too Much to Remember? You can always: • Start a PBS program at your school OR • Call Officer Mike! 

  35. Questions? Contact Rosemary Cook rcook@access.k12.wv.us 304-558-7805

  36. Services during Disciplinary Removals

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