Discipline and Students with Disabilities

1. Discipline and Students with Disabilities presented by Daryl Gates NEA IDEA Special Education Resource Cadre Member Updated: August 2007 Note for printing PPT as handout: Print slide #3; not #4 Print slide #8; not #9 Print slide #13; not #14 Brief introduction of self (selves) Thank you for coming Please jot down any questions and comments that occur to you during this presentation; we will have a few minutes for questions and answers at the end of the session Overview – Throughout our time together we will explore some of the latest research-based strategies for supporting positive behaviors in our schools. We will also share with you the current regulations regarding discipline and students with disabilities. Updated: August 2007 Note for printing PPT as handout: Print slide #3; not #4 Print slide #8; not #9 Print slide #13; not #14 Brief introduction of self (selves) Thank you for coming Please jot down any questions and comments that occur to you during this presentation; we will have a few minutes for questions and answers at the end of the session Overview – Throughout our time together we will explore some of the latest research-based strategies for supporting positive behaviors in our schools. We will also share with you the current regulations regarding discipline and students with disabilities.

2. Session agenda Attitudes and beliefs Strategies for positive behavior change IDEA regulations Resources The agenda is provided to give a brief overview of what is to come. Briefly paraphrase what is on the slide and move immediately to the next "Teachers maintain that student misbehavior is perhaps the most troublesome and disconcerting problem they encounter in the classroom – it is the one factor that most negatively impacts teacher performance." Phi Delta Kappan, results of sponsored Gallup Poll in 2002 Throughout our time together we will explore… Attitudes & beliefs regarding disciplining students with disabilities. Prevention/intervention strategies we can implement in the school setting. IDEA regulations regarding disciplining students with disabilities. The agenda is provided to give a brief overview of what is to come. Briefly paraphrase what is on the slide and move immediately to the next "Teachers maintain that student misbehavior is perhaps the most troublesome and disconcerting problem they encounter in the classroom – it is the one factor that most negatively impacts teacher performance." Phi Delta Kappan, results of sponsored Gallup Poll in 2002 Throughout our time together we will explore… Attitudes & beliefs regarding disciplining students with disabilities. Prevention/intervention strategies we can implement in the school setting. IDEA regulations regarding disciplining students with disabilities.

3. What do you say? This is a marker slide to be copied on the participant handout. The presentation slide is the next one.This is a marker slide to be copied on the participant handout. The presentation slide is the next one.

4. What do you say? Teachers should have the right to kick students out of class permanently. Activity to reflect on personal perceptions. These questions come in one at a time. Each on a separate [click]. Teachers should have the right to kick students out of class permanently. You should be able to time a student out for any amount of time. There should be consequences for inappropriate behavior even if the student has an IEP. It is unfair to have different consequences for different students. You should be able to expel any student who brings a weapon to school. All students with behavior problems should be identified for special education. Activity Option A: Pose each question and give participants time to jot down “true” or “false” before clicking for the next. Go to next slide – which is same as this one – click in each question and either 1: have brief whole group share out. 2: allow table discussion then brief whole group share out Activity Option B: - if you have much time – this will take 30 minutes – hide next slide Ahead of time place posters in corners of the room. Strongly agree, agree, disagree, strongly disagree. As each question is posed, participants go to sign most closely aligned to their viewpoint; brief discussion as to why there; quick share out; presenter summarizes each Activity to reflect on personal perceptions. These questions come in one at a time. Each on a separate [click]. Teachers should have the right to kick students out of class permanently. You should be able to time a student out for any amount of time. There should be consequences for inappropriate behavior even if the student has an IEP. It is unfair to have different consequences for different students. You should be able to expel any student who brings a weapon to school. All students with behavior problems should be identified for special education. Activity Option A: Pose each question and give participants time to jot down “true” or “false” before clicking for the next. Go to next slide – which is same as this one – click in each question and either 1: have brief whole group share out. 2: allow table discussion then brief whole group share out Activity Option B: - if you have much time – this will take 30 minutes – hide next slide Ahead of time place posters in corners of the room. Strongly agree, agree, disagree, strongly disagree. As each question is posed, participants go to sign most closely aligned to their viewpoint; brief discussion as to why there; quick share out; presenter summarizes each

5. What do you say? Teachers should have the right to kick students out of class permanently. Same as previous slide and is to be used if implementing Activity Option A as described on the previous slide. Same as previous slide and is to be used if implementing Activity Option A as described on the previous slide.

6. Parents say… Question: If a student was guilty of continually disruptive behavior in school would you favor transfer or expulsion? Parents of students in public school responded: Transfer 79% Expulsion 20% *1995 Gallup Poll, Phi Delta Kappa Under IDEA parents have a great deal of input, they are valued as stakeholders...their views and opinions are important to our planning. This response reveals that parents are not in favor of excluding even very disruptive students from the educational system. Background: This question was asked as is only in 1995, according to the PDK archives. Latest poll (summer 2006) speaks to discipline: [see presenter resource: PDK poll] Biggest Problem This is the one question that has been asked in each of the 38 polls. Respondents are free to mention any problem that comes to mind, and Table 10 displays the percentage of respondents who mentioned a given problem. Discipline was the top problem for the poll’s first 16 years. Drugs then took over and occupied the top position alone until financial support drew into a tie in 1991. Frequent changes occurred in the Nineties until lack of financial support came back to the top in 2000. It has held that position in each poll since. From the table: Lack of discipline, more control was ranked overall as the third greatest concern after lack of funding and overcrowded schools. 12% of persons with no children in school and 7% of parents with children in public schools. Under IDEA parents have a great deal of input, they are valued as stakeholders...their views and opinions are important to our planning. This response reveals that parents are not in favor of excluding even very disruptive students from the educational system. Background: This question was asked as is only in 1995, according to the PDK archives. Latest poll (summer 2006) speaks to discipline: [see presenter resource: PDK poll] Biggest Problem This is the one question that has been asked in each of the 38 polls. Respondents are free to mention any problem that comes to mind, and Table 10 displays the percentage of respondents who mentioned a given problem. Discipline was the top problem for the poll’s first 16 years. Drugs then took over and occupied the top position alone until financial support drew into a tie in 1991. Frequent changes occurred in the Nineties until lack of financial support came back to the top in 2000. It has held that position in each poll since. From the table: Lack of discipline, more control was ranked overall as the third greatest concern after lack of funding and overcrowded schools. 12% of persons with no children in school and 7% of parents with children in public schools.

7. Statistics say… Graduation rates Visual impairment – highest Emotional disability – lowest Dropout rate 61% of students with emotional disabilities Once they leave school, they lack the social skills necessary to be successfully employed. 26th Annual Report to Congress on the Implementation of IDEA, 2004 Although dated 2004, this is the most current information available. Please note that emotional disturbance is the term in the regulations; many states have changed the terminology to emotional disability. Presenter---you may want to review state categories and definitions of the state in which you are presenting during your preparation efforts; state statistics can be reviewed in the 26th Annual Report to Congress (on Cadre CD) Closely connected to the issue of discipline are high school graduation and dropout rates. Graduation rates for students with disabilities Visual impairment – 70.8% graduation rate Emotional disability – 32.1% graduation rate NOTE: graduation and dropout percentages for students with emotional disabilities will not add up to 100% because of the differences in formulae across the states In all years covered by this report (1993-4 to 2001-2) Students with serious emotional disturbance consistently had the highest dropout rates. In every year, the dropout rate for students with serious emotional disturbance was substantially higher than the dropout rate for the next highest disability category.Although dated 2004, this is the most current information available. Please note that emotional disturbance is the term in the regulations; many states have changed the terminology to emotional disability. Presenter---you may want to review state categories and definitions of the state in which you are presenting during your preparation efforts; state statistics can be reviewed in the 26th Annual Report to Congress (on Cadre CD) Closely connected to the issue of discipline are high school graduation and dropout rates. Graduation rates for students with disabilities Visual impairment – 70.8% graduation rate Emotional disability – 32.1% graduation rate NOTE: graduation and dropout percentages for students with emotional disabilities will not add up to 100% because of the differences in formulae across the states In all years covered by this report (1993-4 to 2001-2) Students with serious emotional disturbance consistently had the highest dropout rates. In every year, the dropout rate for students with serious emotional disturbance was substantially higher than the dropout rate for the next highest disability category.

8. To print on the handouts – next slide is for the presentation Sharon’s note; At our meeting in July there was a suggestion that the second circle from the outside (yellow) say “students with impairments” and that the third circle from the outside say “students with disabilities” and put both Sec. 504 and ADA in the parenthetical. The idea was to be sure that students who have impairments that do not impact their access to education are not forgotten in the presentation. Therefore… This slide is about the statutes that ensure services and protections to students with disabilities. Each statue is indicated by a separate circle. It would be inappropriate to combine Sec. 504 and ADA in the same parenthetical in the same circle as they are separate statutes. There is no separate statue for students who have impairments that do not impact their access to education (e.g., students who wear glasses/contact lenses to correct vision; students who wear arch supports or shoe lifts to correct bone formation issues; a student who may have lost the tip of one finger and still functions well). If a statute is to be applied in these instances it is the ESEA and the right of every child to a public education. So, the slide remains a slide that visually organizes the statutes and information regarding students with impairments that do not impact access to education has been added under the ESEA notes.To print on the handouts – next slide is for the presentation Sharon’s note; At our meeting in July there was a suggestion that the second circle from the outside (yellow) say “students with impairments” and that the third circle from the outside say “students with disabilities” and put both Sec. 504 and ADA in the parenthetical. The idea was to be sure that students who have impairments that do not impact their access to education are not forgotten in the presentation. Therefore… This slide is about the statutes that ensure services and protections to students with disabilities. Each statue is indicated by a separate circle. It would be inappropriate to combine Sec. 504 and ADA in the same parenthetical in the same circle as they are separate statutes. There is no separate statue for students who have impairments that do not impact their access to education (e.g., students who wear glasses/contact lenses to correct vision; students who wear arch supports or shoe lifts to correct bone formation issues; a student who may have lost the tip of one finger and still functions well). If a statute is to be applied in these instances it is the ESEA and the right of every child to a public education. So, the slide remains a slide that visually organizes the statutes and information regarding students with impairments that do not impact access to education has been added under the ESEA notes.

9. Let us take a minute to review the total school population and statutes that provide certain levels of “protections” to students with disabilities. Red – Red – all general education students (Elementary and Secondary Education Act - ESEA) This includes those students who may be considered to have impairments (e.g., students who wear glasses/contact lenses to correct vision; students who wear arch supports or shoe lifts to correct bone formation issues; a student who may have lost the tip of one finger and still functions well); students whose impairment does not impact ability to access and participate in school/education; the impairment may be corrected or not who are not covered under specific statute Yellow – any disability; even vision corrected by glasses; diabetes; does not substantially impair access to and progress in curricula (Americans with Disabilities Act – ADA, Civil rights 1990) Green – need for accommodations to access education; severe diabetes; severe asthma (Section 504 of the Rehabilitation Act of 1973 0 Sec. 504) Blue – need for significant accommodations to access education; = approx 15% of students (Individuals with Disabilities Education Improvement Act of 2004 – IDEA) All students covered by ESEA If covered by ADA, also covered by ESEA If covered by Sec 504, also covered by ESEA and ADA If covered by IDEA, covered by all other statutes It is important to note that all students in the inner circles are also members of the larger circles---however those in the larger circles are not all members of the smaller circles One of the most important facts to keep in mind as we move forward in this presentation is that students with IEPs equal approximately 15% of the total k-12 population. Although behavioral issues are addressed in IEPs as needed for these students, challenging behavioral issues are not limited to this population. Segue: Throughout the total student population we deal with many challenging behavioral issues daily in our schools.Let us take a minute to review the total school population and statutes that provide certain levels of “protections” to students with disabilities. Red – Red – all general education students (Elementary and Secondary Education Act - ESEA) This includes those students who may be considered to have impairments (e.g., students who wear glasses/contact lenses to correct vision; students who wear arch supports or shoe lifts to correct bone formation issues; a student who may have lost the tip of one finger and still functions well); students whose impairment does not impact ability to access and participate in school/education; the impairment may be corrected or not who are not covered under specific statute Yellow – any disability; even vision corrected by glasses; diabetes; does not substantially impair access to and progress in curricula (Americans with Disabilities Act – ADA, Civil rights 1990) Green – need for accommodations to access education; severe diabetes; severe asthma (Section 504 of the Rehabilitation Act of 1973 0 Sec. 504) Blue – need for significant accommodations to access education; = approx 15% of students (Individuals with Disabilities Education Improvement Act of 2004 – IDEA) All students covered by ESEA If covered by ADA, also covered by ESEA If covered by Sec 504, also covered by ESEA and ADA If covered by IDEA, covered by all other statutes It is important to note that all students in the inner circles are also members of the larger circles---however those in the larger circles are not all members of the smaller circles One of the most important facts to keep in mind as we move forward in this presentation is that students with IEPs equal approximately 15% of the total k-12 population. Although behavioral issues are addressed in IEPs as needed for these students, challenging behavioral issues are not limited to this population. Segue: Throughout the total student population we deal with many challenging behavioral issues daily in our schools.

10. Challenging behaviors Non-compliance Impulsivity Hostility Passivity Aggressiveness Perseverance Depression Compulsiveness Anti-social behaviors Dependency Lack of resiliency Uncontrolled movements Uncontrolled vocalizations This list of challenging behaviors is not all inclusive, but is fairly comprehensive of the kinds of student behaviors that challenge teachers and schools on a regular basis. Some behaviors (non-compliance and impulsivity, especially) are daily issues in most schools. Again, not just for students with IEPs. That is why as we explore strategies for behavior change, we are going to not limit the discussion to students with disabilities. We will, however, then review the regulations that apply to students with disabilities who present with challenging behaviors. Activity: Group discussion: Ask for examples of students the participants have served who fit any of these categories. NO names, just characteristics. This list of challenging behaviors is not all inclusive, but is fairly comprehensive of the kinds of student behaviors that challenge teachers and schools on a regular basis. Some behaviors (non-compliance and impulsivity, especially) are daily issues in most schools. Again, not just for students with IEPs. That is why as we explore strategies for behavior change, we are going to not limit the discussion to students with disabilities. We will, however, then review the regulations that apply to students with disabilities who present with challenging behaviors. Activity: Group discussion: Ask for examples of students the participants have served who fit any of these categories. NO names, just characteristics.

11. IDEA disability categories Developmental delay Autism Deaf-blindness Deafness Emotional disturbance Hearing impairment Mental retardation Multiple disabilities Orthopedic impairment Other health impairment Specific learning disability Speech or language impairment Traumatic brain injury Visual impairment

12. Source: Tom Herner (NASDSE President) Counterpoint 1998 On [click] this slide comes in automatically one line at a time for effect. There is a pause before …teach? … punish? Give the slide time to ‘do its thing” while participants reflect on the quote. If time allows – have a discussion regarding the “big question” as to why we can’t finish the last sentence with automaticity. If there is little time, share: We cannot assume a student knows proper behaviors---we must teach and model appropriate, acceptable behaviors. We do not assume prior knowledge when teaching reading, we do not assume prior skills sets when teaching swimming...we must not assume prior knowledge and skills sets when dealing with behaviors. Segue: Like a an academic skill area, the best intervention for a skill gap is providing preventative strategies. Source: Tom Herner (NASDSE President) Counterpoint 1998 On [click] this slide comes in automatically one line at a time for effect. There is a pause before …teach? … punish? Give the slide time to ‘do its thing” while participants reflect on the quote. If time allows – have a discussion regarding the “big question” as to why we can’t finish the last sentence with automaticity. If there is little time, share: We cannot assume a student knows proper behaviors---we must teach and model appropriate, acceptable behaviors. We do not assume prior knowledge when teaching reading, we do not assume prior skills sets when teaching swimming...we must not assume prior knowledge and skills sets when dealing with behaviors. Segue: Like a an academic skill area, the best intervention for a skill gap is providing preventative strategies.

13. To print on the handouts – next slide is for the presentation To print on the handouts – next slide is for the presentation

14. Source: This graphic is borrowed from the Positive Behavior Intervention & Supports Center. Their website is www.pbis.org and is listed in the Web Resources at the end of the presentation. It was developed by Dr. George Sugai, University of Oregon and the Center on PBIS. The PBIS model is one example of a positive behavioral supports approach to reducing challenging behaviors. IDEA ’04 supports using positive behavioral supports to address behavior to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children. Section 601(c)(5)(F). - AND – for children with IEPs - in the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior Section 614(d)(3)(B)(i) One of the most important organizing components of Positive Behavioral Supports is the establishment of a continuum of behavior support that considers all students and emphasizes prevention. This logic of this 3-tiered approach is derived from the public health approach to disease prevention. Positive behavior support is an application of a behaviorally-based systems approach to enhance the capacity of schools, families, and communities to design effective environments that improve the fit or link between research-validated practices and the environments in which teaching and learning occurs. Attention is focused on creating and sustaining primary (school-wide), secondary (classroom), and tertiary (individual) systems of support that improve lifestyle results (personal, health, social, family, work, recreation) for all children and youth by making problem behavior less effective, efficient, and relevant, and desired behavior more functional. Source: This graphic is borrowed from the Positive Behavior Intervention & Supports Center. Their website is www.pbis.org and is listed in the Web Resources at the end of the presentation. It was developed by Dr. George Sugai, University of Oregon and the Center on PBIS. The PBIS model is one example of a positive behavioral supports approach to reducing challenging behaviors. IDEA ’04 supports using positive behavioral supports to address behavior to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children. Section 601(c)(5)(F). - AND – for children with IEPs - in the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior Section 614(d)(3)(B)(i) One of the most important organizing components of Positive Behavioral Supports is the establishment of a continuum of behavior support that considers all students and emphasizes prevention. This logic of this 3-tiered approach is derived from the public health approach to disease prevention. Positive behavior support is an application of a behaviorally-based systems approach to enhance the capacity of schools, families, and communities to design effective environments that improve the fit or link between research-validated practices and the environments in which teaching and learning occurs. Attention is focused on creating and sustaining primary (school-wide), secondary (classroom), and tertiary (individual) systems of support that improve lifestyle results (personal, health, social, family, work, recreation) for all children and youth by making problem behavior less effective, efficient, and relevant, and desired behavior more functional.

15. Primary prevention strategies School-Wide Expectations Classroom Expectations Physical Environment Arrangement Schedules, Routines, and Limits Academic Engagement Positive Adult-to-Student Interactions Refer to the previous slide, when you look at the entire triangle, these are preventative measures that allow students to maintain appropriate behaviors --- the green portion---primary preventions, for all students. All students and staff should be exposed formally and in an on-going manner to primary prevention interventions. Primary prevention is provided to all students and focuses on giving students the necessary pro-social skills that prevents the establishment and occurrence of problem behavior. If done systemically and comprehensively, a majority of students are likely to be affected. School-Wide Expectations Establishing clear and concise rules/expectations for all environments: Cafeteria, Playground, Bus, Hallways, Bathrooms Classroom expectations Research tells us that students do best when there are only 3-5 rules generally and positively stated, for example, “Act Safely, Be Responsible, and Care for self, others, and the environment.” Rules need to be taught, not just words posted on the wall Natural Consequences--can be used as a learning tool. For example, middle school students who are tardy to class, need to make up that time at the end of class or other prearranged time. Positive Behavior Supports and natural consequences—These supports are our good teaching preventative measures for avoiding classroom problems. Physical Environment Arrangements Cafeteria arrangements: Arrangement of tables in relation to retrieval of food and discarding of trash---entry and exit of the facility Bus pick up and drop off locations---flow of students Hallway traffic flow---number of classes staggered release times --- locker placements Classroom arrangements: How your desks or work stations are arranged can facilitate learning or inhibit learning or the educational process. The pencil sharpener next to the door in a middle school is not a good idea!Refer to the previous slide, when you look at the entire triangle, these are preventative measures that allow students to maintain appropriate behaviors --- the green portion---primary preventions, for all students. All students and staff should be exposed formally and in an on-going manner to primary prevention interventions. Primary prevention is provided to all students and focuses on giving students the necessary pro-social skills that prevents the establishment and occurrence of problem behavior. If done systemically and comprehensively, a majority of students are likely to be affected. School-Wide Expectations Establishing clear and concise rules/expectations for all environments: Cafeteria, Playground, Bus, Hallways, Bathrooms Classroom expectations Research tells us that students do best when there are only 3-5 rules generally and positively stated, for example, “Act Safely, Be Responsible, and Care for self, others, and the environment.” Rules need to be taught, not just words posted on the wall Natural Consequences--can be used as a learning tool. For example, middle school students who are tardy to class, need to make up that time at the end of class or other prearranged time. Positive Behavior Supports and natural consequences—These supports are our good teaching preventative measures for avoiding classroom problems. Physical Environment Arrangements Cafeteria arrangements: Arrangement of tables in relation to retrieval of food and discarding of trash---entry and exit of the facility Bus pick up and drop off locations---flow of students Hallway traffic flow---number of classes staggered release times --- locker placements Classroom arrangements: How your desks or work stations are arranged can facilitate learning or inhibit learning or the educational process. The pencil sharpener next to the door in a middle school is not a good idea!

16. BLANK This is NOT a presentation slide. The slide is hidden and this page continues the notes for the previous slide on Primary Prevention. Schedules, Routines, and Limits Predictable Visual Transition prompts for example, “In two minutes we will....” Time of day of classes—middle schools start early and we know the best learning is later in the morning. All these can avoid stress, allowing consistency for a child’s day; building comfort and predictability for the child. Limits—What expectations are acceptable to you in your classroom and what will you not tolerate---no unspoken rules Academic Engagement The academics are at the level of the student’s learning—their instructional level. It requires the teacher to analyze what they are presenting is understood and captures the student’s interest. If you are engaged you don’t disengage. Be sure to modify curriculum (Core Curriculum Content Standards/State Standards) to include all learning styles and all learners. Positive Adult-to-Student Interactions Include ALL adults and ALL students Optional Activity—discussion - What are some ways we as educators have traditionally encouraged positive behaviors. Tangible Rewards Award certificates/ribbons Coupons Positive communication home Stickers This is NOT a presentation slide. The slide is hidden and this page continues the notes for the previous slide on Primary Prevention. Schedules, Routines, and Limits Predictable Visual Transition prompts for example, “In two minutes we will....” Time of day of classes—middle schools start early and we know the best learning is later in the morning. All these can avoid stress, allowing consistency for a child’s day; building comfort and predictability for the child. Limits—What expectations are acceptable to you in your classroom and what will you not tolerate---no unspoken rules Academic Engagement The academics are at the level of the student’s learning—their instructional level. It requires the teacher to analyze what they are presenting is understood and captures the student’s interest. If you are engaged you don’t disengage. Be sure to modify curriculum (Core Curriculum Content Standards/State Standards) to include all learning styles and all learners. Positive Adult-to-Student Interactions Include ALL adults and ALL students Optional Activity—discussion - What are some ways we as educators have traditionally encouraged positive behaviors. Tangible Rewards Award certificates/ribbons Coupons Positive communication home Stickers

17. Secondary Prevention PBS is a broad range of systemic and individualized strategies for achieving important social and learning outcomes while preventing problem behavior. Secondary prevention (second or yellow tier) is not continuing old strategies or implementing new one in an attempt to control student behavior; it is fundamentally changing how we look at student behavior – causes/functions; teaching appropriate behaviors; supporting practice of the appropriate behaviors Some students will be unresponsive or unsupported by primary prevention, and more specialized interventions will be required. One form of assistance is called secondary prevention, and is characterized by instruction that is more specific and more engaging. These interventions can be standardized to be applied similarly and efficiently across a small number of students. The goal of secondary prevention is to reduce/prevent the likelihood of problem behavior occurrences, and to enable these students to be supported by the school-wide PBS effort. Positive Behavior Supports --- Philosophy = positive behavior needs to be taught, ie) modeled, shaped, cued in a conducive environment. Behavior support implies addressing environment, teaching strategies, teaching new behaviors, and using positive reinforcement strategies. Positive Behavior Support attempts to understand why the behavior occurred; What function does it serves for the individual? How can the environment be altered to eliminate the student’s need to use the behavior and how can educators support the student using an identified positive replacement behavior that meets his/her need. PBS is a broad range of systemic and individualized strategies for achieving important social and learning outcomes while preventing problem behavior. Secondary prevention (second or yellow tier) is not continuing old strategies or implementing new one in an attempt to control student behavior; it is fundamentally changing how we look at student behavior – causes/functions; teaching appropriate behaviors; supporting practice of the appropriate behaviors Some students will be unresponsive or unsupported by primary prevention, and more specialized interventions will be required. One form of assistance is called secondary prevention, and is characterized by instruction that is more specific and more engaging. These interventions can be standardized to be applied similarly and efficiently across a small number of students. The goal of secondary prevention is to reduce/prevent the likelihood of problem behavior occurrences, and to enable these students to be supported by the school-wide PBS effort. Positive Behavior Supports --- Philosophy = positive behavior needs to be taught, ie) modeled, shaped, cued in a conducive environment. Behavior support implies addressing environment, teaching strategies, teaching new behaviors, and using positive reinforcement strategies. Positive Behavior Support attempts to understand why the behavior occurred; What function does it serves for the individual? How can the environment be altered to eliminate the student’s need to use the behavior and how can educators support the student using an identified positive replacement behavior that meets his/her need.

18. BLANK This is NOT a presentation slide. The slide is hidden and this page continues the notes for the previous slide on Primary Prevention. Behavior Management/Controlling Behaviors --- Philosophy = problem behavior needs to be controlled or eliminated. Positive behaviors are to be expected regardless of environment. Behavior Management typically ignored why the student used the behavior and simply tried to select powerful punishers to prevent behavior from reoccurring or alternatively, powerful reinforcers the student could earn for suppressing the problem behavior. For Example: Tom threw a book---controlling the behavior would cause us to “punish” Tom. PBS would cause us to ask “why” did Tom throw the book---”what” function/purpose did this behavior serve. This will lead us to examine what action we need to take---Do we need to alter the environment, do we need to teach the desired behavior, or do we need to teach Tom how to apply an already existing appropriate behavior to this situation? This does not mean that consequences will no longer be employed, this means we will now know what to teach and how to utilize consequences that will have a meaningful, positive effect on replacing inappropriate behaviors for Tom---not attempting to “control” his behavior by punishmentThis is NOT a presentation slide. The slide is hidden and this page continues the notes for the previous slide on Primary Prevention. Behavior Management/Controlling Behaviors --- Philosophy = problem behavior needs to be controlled or eliminated. Positive behaviors are to be expected regardless of environment. Behavior Management typically ignored why the student used the behavior and simply tried to select powerful punishers to prevent behavior from reoccurring or alternatively, powerful reinforcers the student could earn for suppressing the problem behavior. For Example: Tom threw a book---controlling the behavior would cause us to “punish” Tom. PBS would cause us to ask “why” did Tom throw the book---”what” function/purpose did this behavior serve. This will lead us to examine what action we need to take---Do we need to alter the environment, do we need to teach the desired behavior, or do we need to teach Tom how to apply an already existing appropriate behavior to this situation? This does not mean that consequences will no longer be employed, this means we will now know what to teach and how to utilize consequences that will have a meaningful, positive effect on replacing inappropriate behaviors for Tom---not attempting to “control” his behavior by punishment

19. Secondary prevention strategies Social skills instruction Practice in “real-life” situations Rewards for appropriate behavior Multiple instructional techniques Differentiated instruction Secondary prevention strategies are generally used with small groups of at-risk students or with entire classrooms, as opposed to the whole building as at the primary prevention level This list of strategies includes some of the more common ones, not an inclusive list Social Skills - Variety of evidence-based curricular products currently exist--- the point is that social skills must be explicitly taught for some students “Real-Life” - Role play to “experience” the situation; topics may include conflict resolution; peer mediation directly related to school or classroom; simply role-playing social skills training Tom: remember he threw a book---we discovered one of the antecedents of this behavior was being cajoled by fellow students---we will role play how Tom could have responded appropriately. Rewards - Catching students “doing the right thing” and appropriately acknowledging; rewards may be intangible or tangible for more concrete learners Instructional Techniques - role playing, modeling, cuing, direct information, feedback, scripting, teaching, practicing; chose strategy based on skill, developmental level of children, learning preference of children Differentiated Instruction - Multiple Intelligences, Multi-Sensory, Needs based, Success oriented, Modifications & Accommodations – when academic instruction is not accessible to the student, behavioral issues often arise; ensuring appropriateness of academics may be a primary or a secondary prevention strategy Secondary prevention strategies are generally used with small groups of at-risk students or with entire classrooms, as opposed to the whole building as at the primary prevention level This list of strategies includes some of the more common ones, not an inclusive list Social Skills - Variety of evidence-based curricular products currently exist--- the point is that social skills must be explicitly taught for some students “Real-Life” - Role play to “experience” the situation; topics may include conflict resolution; peer mediation directly related to school or classroom; simply role-playing social skills training Tom: remember he threw a book---we discovered one of the antecedents of this behavior was being cajoled by fellow students---we will role play how Tom could have responded appropriately. Rewards - Catching students “doing the right thing” and appropriately acknowledging; rewards may be intangible or tangible for more concrete learners Instructional Techniques - role playing, modeling, cuing, direct information, feedback, scripting, teaching, practicing; chose strategy based on skill, developmental level of children, learning preference of children Differentiated Instruction - Multiple Intelligences, Multi-Sensory, Needs based, Success oriented, Modifications & Accommodations – when academic instruction is not accessible to the student, behavioral issues often arise; ensuring appropriateness of academics may be a primary or a secondary prevention strategy

20. Tertiary prevention Functional behavior assessments Positive behavior intervention plans Highly individualized supports; comprehensive and coordinated with other community support services Intensive, individual interventions which include behavior enhancements and reducers. Behavior progress is monitored and evaluated. If primary and secondary preventions are in place, a small proportion of students will require highly individualized and intensive interventions. The goal or tertiary level interventions is to reduce the intensity, complexity, and impact of the problem behaviors displayed by these students by providing supports that are (a) function-based, (b) contextually appropriate and person-centered, (c) strength-based and instructionally oriented, (d) continuously evaluated and enhanced, and (e) linked to the school-wide PBS approach. Functional behavior assessments conducted - Federal Law requires FBA’s after removing a child for ten school days. Best Practice would recommend conducting a FBA prior to ten days of removal for a child with an IEP or any child who is demonstrating significant behavioral issues; knowing the function of the behavior will point the way to and appropriate behavior plan Individual Behavior Plans developed and monitored; plans focus on behavior change; learning replacement behaviors for inappropriate behaviors Behavior support that is highly individualized, comprehensive and coordinated with other community support services Intensive, individual interventions which include behavior enhancements and reducers. Behavior progress is monitored and evaluated. If primary and secondary preventions are in place, a small proportion of students will require highly individualized and intensive interventions. The goal or tertiary level interventions is to reduce the intensity, complexity, and impact of the problem behaviors displayed by these students by providing supports that are (a) function-based, (b) contextually appropriate and person-centered, (c) strength-based and instructionally oriented, (d) continuously evaluated and enhanced, and (e) linked to the school-wide PBS approach. Functional behavior assessments conducted - Federal Law requires FBA’s after removing a child for ten school days. Best Practice would recommend conducting a FBA prior to ten days of removal for a child with an IEP or any child who is demonstrating significant behavioral issues; knowing the function of the behavior will point the way to and appropriate behavior plan Individual Behavior Plans developed and monitored; plans focus on behavior change; learning replacement behaviors for inappropriate behaviors Behavior support that is highly individualized, comprehensive and coordinated with other community support services

21. Conducting an FBA Clarify the behavior Determine antecedents Identify current consequences Collect baseline data Develop hypothesis Test your hypothesis It is very important to spend enough time here so that participants gain a clear understanding that behavior assessment and interventions are not just for when a student “gets in real trouble”. Early intervening is important so that more significant behaviors become less a reality. There is also a misperception that you only conduct a functional behavior assessment after the significant behavior has occurred. By making this distinction and the FBA/fba it is hoped that the participants will conclude that gathering and analyzing data to determine function and then implementing an intervention plan early on is of most benefit to the student, and to the school. Whether conducting a functional behavior assessment as required by special education law and regulations (FBA) or gathering data to determine the function of the behavior for any general education student or a special education student when not required by law (fba) -- the process is the same. Behavior Support attempts to understand why the behavior occurred; What function does it serves for the individual? Clarify the behavior – be specific; student calls peers by derogatory names in the hallways and on the outdoor campus grounds, NOT student is disrespectful Determine antecedents – the immediate and immediate past triggers or predictors for behavior, are critical in changing behavior. By understanding the behavior and teaching alternatives or changing environmental conditions, we can plan to seek to permanently change the way a students seeks to get a need met. Identify current consequences – what do adults do when the behavior happens; what does the student do in response to the adult response -- Consequences (punishment) are rarely so compelling that the student will stop or change the behavior. Teaching behavior has potential for lasting change. Collect baseline data – how often does behavior occur, when, what time of day, where – environment or specific content areas; what other persons are in the vicinity Develop hypothesis – analyze for triggers, develop best hypothesis based on the data that is available – may decide to collect more data Test your hypothesis – put a plan into place, monitor it and collect data It is very important to spend enough time here so that participants gain a clear understanding that behavior assessment and interventions are not just for when a student “gets in real trouble”. Early intervening is important so that more significant behaviors become less a reality. There is also a misperception that you only conduct a functional behavior assessment after the significant behavior has occurred. By making this distinction and the FBA/fba it is hoped that the participants will conclude that gathering and analyzing data to determine function and then implementing an intervention plan early on is of most benefit to the student, and to the school. Whether conducting a functional behavior assessment as required by special education law and regulations (FBA) or gathering data to determine the function of the behavior for any general education student or a special education student when not required by law (fba) -- the process is the same. Behavior Support attempts to understand why the behavior occurred; What function does it serves for the individual? Clarify the behavior – be specific; student calls peers by derogatory names in the hallways and on the outdoor campus grounds, NOT student is disrespectful Determine antecedents – the immediate and immediate past triggers or predictors for behavior, are critical in changing behavior. By understanding the behavior and teaching alternatives or changing environmental conditions, we can plan to seek to permanently change the way a students seeks to get a need met. Identify current consequences – what do adults do when the behavior happens; what does the student do in response to the adult response -- Consequences (punishment) are rarely so compelling that the student will stop or change the behavior. Teaching behavior has potential for lasting change. Collect baseline data – how often does behavior occur, when, what time of day, where – environment or specific content areas; what other persons are in the vicinity Develop hypothesis – analyze for triggers, develop best hypothesis based on the data that is available – may decide to collect more data Test your hypothesis – put a plan into place, monitor it and collect data

22. Developing a BIP Determine replacement behaviors Identify environmental or setting changes Describe necessary prompts or conditions Define strategies Prepare for when things go wrong Specify reinforcement Collect data to evaluate the plan Again, the difference in capital and lower case letters is simply that the capital letters stand for when a behavioral intervention plan is required for a student with an IEP; the lower case letters stand for best practice – when a behavior is significant (disruptive, dangerous) collecting data through an fba and creating a bip is best practice and common sense NOTE: State regulations may be more specific with regard to the processes for conducting FBAs and developing BIPs. The process enumerated on this slide is one that is widely held as best practice. Determine replacement behaviors – the behavior we want to see; not what we want to stop; be specific– e.g., student will signal teacher (identify specific signal in collaboration with the student) when feeling overwhelmed Identify environmental or setting changes – these are the least intrusive things to do – e.g., optional study carrel for student who is distracted; rearrange desks so student 1 does not have opportunity to punch student two on the way to the pencil sharpener Describe necessary prompts or conditions – what the adults are doing to support skill acquisition Define strategies – be specific and all who work with the student must know the strategies and implement the strategies in the same way Prepare for when things go wrong – have a contingency plan; especially important for behaviors that could potentially be dangerous to self or others Specify reinforcement- exactly what it will be – 10 minutes of computer time at the end of the day; handshake and telling the student he did well Collect data to evaluate the plan – always and a given Optional handouts for extended time: Observable Positive and Negative Behaviors Chart and Behavior Intervention Plan Model – may consider: review; think, pair, share on how these documents may be useful in your building/district – especially for the bip Again, the difference in capital and lower case letters is simply that the capital letters stand for when a behavioral intervention plan is required for a student with an IEP; the lower case letters stand for best practice – when a behavior is significant (disruptive, dangerous) collecting data through an fba and creating a bip is best practice and common sense NOTE: State regulations may be more specific with regard to the processes for conducting FBAs and developing BIPs. The process enumerated on this slide is one that is widely held as best practice. Determine replacement behaviors – the behavior we want to see; not what we want to stop; be specific– e.g., student will signal teacher (identify specific signal in collaboration with the student) when feeling overwhelmed Identify environmental or setting changes – these are the least intrusive things to do – e.g., optional study carrel for student who is distracted; rearrange desks so student 1 does not have opportunity to punch student two on the way to the pencil sharpener Describe necessary prompts or conditions – what the adults are doing to support skill acquisition Define strategies – be specific and all who work with the student must know the strategies and implement the strategies in the same way Prepare for when things go wrong – have a contingency plan; especially important for behaviors that could potentially be dangerous to self or others Specify reinforcement- exactly what it will be – 10 minutes of computer time at the end of the day; handshake and telling the student he did well Collect data to evaluate the plan – always and a given Optional handouts for extended time: Observable Positive and Negative Behaviors Chart and Behavior Intervention Plan Model – may consider: review; think, pair, share on how these documents may be useful in your building/district – especially for the bip

23. IDEA ‘04 and discipline Short- and long-term removals Services during removal Change of placement Manifestation of disability Interim alternative education setting Hearing rights Reporting to law enforcement Basis of knowledge To help participants organize thinking and to shift from behavior intervention strategies to the current regulations; this is a preview slide for the following slides which go into more detail. Do not spend much time here; paraphrase and move on. Distribute handout: discipline regulations = the exact wording from the federal regulations regarding discipline Presenter resource: Discipline topical brief from OSEP Presenter resource: Commentary section of the IDEA Federal Regulations pages 46713-46730 To help participants organize thinking and to shift from behavior intervention strategies to the current regulations; this is a preview slide for the following slides which go into more detail. Do not spend much time here; paraphrase and move on. Distribute handout: discipline regulations = the exact wording from the federal regulations regarding discipline Presenter resource: Discipline topical brief from OSEP Presenter resource: Commentary section of the IDEA Federal Regulations pages 46713-46730

24. Removals Short-term Ten or less consecutive school days May remove again if separate incident Same consequences as general education Long-term Exceeding 10 consecutive school days Not manifestation – same consequences as general education Provide services Can a student with an IEP be suspended from school? The law and regulations say YES, but schools need to follow an appropriate process to make sure that all involved are “protected” via due process. If an educator feels that he or she is not being supported by school administration, the educator should seek help from the union. How long can students with IEPs be removed for violations of school code of conduct? This has been and issue in the schools for quite some time. There has long been a misperception in many schools that a student with a disability could never be removed from the classroom, let alone the building. IDEA ’04 has clarified these provisions. Short-term removals – reference §300.530(b)(1) Ten or less consecutive school days May remove again if separate incident – if the behavior is the same as one for which the student was previously suspended or for which he/she received a consequence during this school year, there is then a pattern of behavior and other regulations apply (slide and pattern discussed shortly) Same consequences as general education for the same infraction – in the same manner for the same duration of time; not less, not more Long-term removals – reference §300.530(c) Exceeding 10 consecutive school days Not manifestation – same consequences as general education (see note above re: same consequences) Provide services – reference §300.530(b) and (c) and (d) –move to next slide discussing services during removals Note: In-school suspension –not considered to count in the 10 day removal as long as the child is afforded an opportunity to continue to appropriately participate in the gened curriculum, continue to receive IEP services and continue to participate with non-disabled children to the extent they would have in their current placement. (See Commentary p.46715) Can a student with an IEP be suspended from school? The law and regulations say YES, but schools need to follow an appropriate process to make sure that all involved are “protected” via due process. If an educator feels that he or she is not being supported by school administration, the educator should seek help from the union. How long can students with IEPs be removed for violations of school code of conduct? This has been and issue in the schools for quite some time. There has long been a misperception in many schools that a student with a disability could never be removed from the classroom, let alone the building. IDEA ’04 has clarified these provisions. Short-term removals – reference §300.530(b)(1) Ten or less consecutive school days May remove again if separate incident – if the behavior is the same as one for which the student was previously suspended or for which he/she received a consequence during this school year, there is then a pattern of behavior and other regulations apply (slide and pattern discussed shortly) Same consequences as general education for the same infraction – in the same manner for the same duration of time; not less, not more Long-term removals – reference §300.530(c) Exceeding 10 consecutive school days Not manifestation – same consequences as general education (see note above re: same consequences) Provide services – reference §300.530(b) and (c) and (d) –move to next slide discussing services during removals Note: In-school suspension –not considered to count in the 10 day removal as long as the child is afforded an opportunity to continue to appropriately participate in the gened curriculum, continue to receive IEP services and continue to participate with non-disabled children to the extent they would have in their current placement. (See Commentary p.46715)

25. Services during removal Educational services, provide opportunity to Continue to participate in general education curriculum Progress toward meeting goals of IEP Behavioral services, as appropriate Functional behavioral assessment Behavioral intervention plan Determined by Short-term: school personnel and teacher Long-term: IEP team Reference §300.530(b) and (c) and (d) Segue: So exactly what services are we discussing here? Educational services, provide opportunity to Continue to participate in general education curriculum Progress toward meeting goals of IEP – from the Commentary p.46716: An LEA is not required to provide …, exactly the same services in exactly the same settings as they were receiving prior to the imposition of discipline. Behavioral services, as appropriate Functional behavioral assessment – function of this particular behavior Behavioral intervention plan – address this particular behavior so that it does not recur Determined by Short-term: school personnel and at least one teacher Long-term: IEP team NOTE: If your state provides education services to general education students upon removal from school (less than 10 days) then services must also be provided to special education students within that same timeframe. §300.530(d)(3) Reference §300.530(b) and (c) and (d) Segue: So exactly what services are we discussing here? Educational services, provide opportunity to Continue to participate in general education curriculum Progress toward meeting goals of IEP – from the Commentary p.46716: An LEA is not required to provide …, exactly the same services in exactly the same settings as they were receiving prior to the imposition of discipline. Behavioral services, as appropriate Functional behavioral assessment – function of this particular behavior Behavioral intervention plan – address this particular behavior so that it does not recur Determined by Short-term: school personnel and at least one teacher Long-term: IEP team NOTE: If your state provides education services to general education students upon removal from school (less than 10 days) then services must also be provided to special education students within that same timeframe. §300.530(d)(3)

26. Change of placement More than 10 consecutive days -or- Series of removals that constitute a pattern Accumulate to more than 10 days Behaviors of incidents are similar Length, total days, and proximity of removals How is “change of placement” defined? More than 10 consecutive days -or- Series of removals that constitute a pattern Accumulate to more than 10 days Behaviors of incidents are similar Length, total days, and proximity of removals NOTE: the LEA determines on a case-by-case basis if a pattern of removals constitutes a change of placement; this decision is subject o review through due process and judicial proceedings; it is important for the LEA to make their decisions in light of the three sub-bullets – accumulation of days, similar behaviors, and timing It is important that good records of removals be kept – not only dates, also descriptions of the behaviors and all accompanying actions It is also important that decisions for removals are based on data, not emotions Portions of a school day that a child had been suspended may be considered as a removal in regard to determining whether there is a pattern of removals (See Commentary p. 46715) How is “change of placement” defined? More than 10 consecutive days -or- Series of removals that constitute a pattern Accumulate to more than 10 days Behaviors of incidents are similar Length, total days, and proximity of removals NOTE: the LEA determines on a case-by-case basis if a pattern of removals constitutes a change of placement; this decision is subject o review through due process and judicial proceedings; it is important for the LEA to make their decisions in light of the three sub-bullets – accumulation of days, similar behaviors, and timing It is important that good records of removals be kept – not only dates, also descriptions of the behaviors and all accompanying actions It is also important that decisions for removals are based on data, not emotions Portions of a school day that a child had been suspended may be considered as a removal in regard to determining whether there is a pattern of removals (See Commentary p. 46715)

27. Manifestation Determination Within 10 school days of a change of placement for code of conduct violation Questions to be answered Was behavior caused by or did it have a direct and substantial relationship to disability? Was behavior the direct result of failure to implement the IEP? Defined timeline for holding a manifestation determination meeting Questions have changed --- only 2 now; do not have to go to more discrete questions as to whether or not the behavior is controllable Defined timeline for holding a manifestation determination meeting Questions have changed --- only 2 now; do not have to go to more discrete questions as to whether or not the behavior is controllable

28. Behavior is manifestation If no current FBA/BIP for this behavior Conduct FBA Implement BIP If FBA and BIP in place for this behavior Review recent FBA data Review/modify current BIP Return to placement -or- change placement as modification of BIP If no current FBA/BIP for this behavior Conduct FBA Implement BIP – to move toward behavior change If FBA and BIP in place for this behavior Review recent FBA data – collect more data if needed Review/modify current BIP - as needed Return to placement -or- change placement as modification of BIP – if parents and school agree a change of placement can happen (possibly a more restrictive environment) If no current FBA/BIP for this behavior Conduct FBA Implement BIP – to move toward behavior change If FBA and BIP in place for this behavior Review recent FBA data – collect more data if needed Review/modify current BIP - as needed Return to placement -or- change placement as modification of BIP – if parents and school agree a change of placement can happen (possibly a more restrictive environment)

29. Behavior is not manifestation Disciplined same as children without disabilities Educational services provided no later than 11th day of removal Disciplined same as children without disabilities Educational services provided no later than 11th day of removal Connect back to the slides on PBS – it would, of course, be best practice to conduct an FBA and implement a BIP even if the behavior is not a manifestation of the disability FBA/BIP are required for manifestation; not when there is no manifestation – however, do not overlook the IEP component that requires the team address behaviors that impede learning Disciplined same as children without disabilities Educational services provided no later than 11th day of removal Connect back to the slides on PBS – it would, of course, be best practice to conduct an FBA and implement a BIP even if the behavior is not a manifestation of the disability FBA/BIP are required for manifestation; not when there is no manifestation – however, do not overlook the IEP component that requires the team address behaviors that impede learning

30. Interim Alternative Educational Setting (IAES) Student may be placed by school personnel in an appropriate IAES for not more than 45 school days if: Student carries weapon Student knowingly uses or sells illegal drugs/controlled substances Student causes serious bodily injury at school or school function Serious bodily injury is new addition to IAES Definition of a weapon is in federal statue. Definition of drugs in federal statutes. Definition of seriously bodily harm is in federal statute. In instances that involve weapons, drugs, and/or serious bodily injury -- the site administrator is empowered to make decisions regarding interim alternative placements. The implementation of this provision and zero tolerance policies are causing some conflicts – OSEP position form Commentary p.46728 “We believe the provisions in §§ 300.530 through 300.536 do account for zero tolerance policies by providing public agencies the flexibility to implement discipline policies as they deem necessary to create safe classrooms and schools for teachers and children… we do not believe it is necessary to include language in § 300.536 regarding a public agency’s zero tolerance policy as such policies are irrelevant to what constitutes a change in placement for disciplinary removals under the Act ‘ This provision can be employed for each incident. A student who engages in multiple episodes may be removed for not more than 45 school days for each episode. Citation §300.530(g) To Note: If conduct involved weapons, drugs, or serious bodily injury, there is no requirement for manifestation determination. Of course, it is best practice to move to FBA for a possible MD in the future once a child is “in trouble” for 4 or 5 days. BE PROACTIVE on behalf of the student. Serious bodily injury is new addition to IAES Definition of a weapon is in federal statue. Definition of drugs in federal statutes. Definition of seriously bodily harm is in federal statute. In instances that involve weapons, drugs, and/or serious bodily injury -- the site administrator is empowered to make decisions regarding interim alternative placements. The implementation of this provision and zero tolerance policies are causing some conflicts – OSEP position form Commentary p.46728 “We believe the provisions in §§ 300.530 through 300.536 do account for zero tolerance policies by providing public agencies the flexibility to implement discipline policies as they deem necessary to create safe classrooms and schools for teachers and children… we do not believe it is necessary to include language in § 300.536 regarding a public agency’s zero tolerance policy as such policies are irrelevant to what constitutes a change in placement for disciplinary removals under the Act ‘ This provision can be employed for each incident. A student who engages in multiple episodes may be removed for not more than 45 school days for each episode. Citation §300.530(g) To Note: If conduct involved weapons, drugs, or serious bodily injury, there is no requirement for manifestation determination. Of course, it is best practice to move to FBA for a possible MD in the future once a child is “in trouble” for 4 or 5 days. BE PROACTIVE on behalf of the student.

31. Serious Bodily Injury A bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of a bodily member, organ or mental faculty. - 20 U.C.S. 1365(h)(3) - As serious bodily injury is new to the statute and regs – definition is provided as this is new There is concern regarding how this will be interpreted in the schools – too broadly, too narrowly??? The regulations say “has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA” It may be wise for Association members to sit down with administration, discuss this provision, and develop examples of what they mean by “serious bodily injury” as it is defined in the law – after the fact is too lateAs serious bodily injury is new to the statute and regs – definition is provided as this is new There is concern regarding how this will be interpreted in the schools – too broadly, too narrowly??? The regulations say “has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA” It may be wise for Association members to sit down with administration, discuss this provision, and develop examples of what they mean by “serious bodily injury” as it is defined in the law – after the fact is too late

32. Hearing rights Parent may file when disagreeing Placement decision Manifestation determination decision LEA may file if believe current placement likely to result in injury to child or others Note that there are hearing rights for both the parents and the LEANote that there are hearing rights for both the parents and the LEA

33. Hearing rights Hearing officer may Return to current placement Order change of placement Expedited hearing when issue is behavior Resolution meeting within 7 days Hearing within 20 school days Hearing officer decision within 10 school days Hearing officer may Return to current placement – if determined removal was violation when looking at supporting data to remove (case-by-case basis and pattern of removals) or if determined that behavior was manifestation Order change of placement – if consider that child is substantially likely to injure self or others NOTE: Changing placement due to belief (based on data) that a child is a danger to self or others is not within the purview of school personnel; that decision is made by a hearing officer Expedited hearing when issue is behavior Resolution meeting within 7 days; if resolved, due process abandoned; if not resolved within 15 days, hearing proceeds Hearing within 20 school days Hearing officer decision within 10 school daysHearing officer may Return to current placement – if determined removal was violation when looking at supporting data to remove (case-by-case basis and pattern of removals) or if determined that behavior was manifestation Order change of placement – if consider that child is substantially likely to injure self or others NOTE: Changing placement due to belief (based on data) that a child is a danger to self or others is not within the purview of school personnel; that decision is made by a hearing officer Expedited hearing when issue is behavior Resolution meeting within 7 days; if resolved, due process abandoned; if not resolved within 15 days, hearing proceeds Hearing within 20 school days Hearing officer decision within 10 school days

34. Violation of Code of Conduct Distribute handout: Discipline Chart The flowchart graphically organizes the information in the regulations handout Highlight there are two overall paths - not for weapon, drugs, or serious bodily injury and for weapon, drugs, or serious bodily Now that we have reviewed some of the clarifications included in the new regulations, let’s take a few minutes to review the flowchart Follow the flowchart on the left side from a “typical” violation of school conduct Comments, questions? Now follow the flowchart on the right side for violations due to weapons, drugs, or serious bodily injury Comments, questions? Distribute handout: Discipline Chart The flowchart graphically organizes the information in the regulations handout Highlight there are two overall paths - not for weapon, drugs, or serious bodily injury and for weapon, drugs, or serious bodily Now that we have reviewed some of the clarifications included in the new regulations, let’s take a few minutes to review the flowchart Follow the flowchart on the left side from a “typical” violation of school conduct Comments, questions? Now follow the flowchart on the right side for violations due to weapons, drugs, or serious bodily injury Comments, questions?

35. Reporting to law enforcement and justice system Report crime Transmit records Special education Discipline Attend to FERPA Report crime – a crime is a crime; know the law and abide by it; all schools should have policies and procedures in place for school personnel and reporting of crimes – be aware of the procedures in your building/district This means Nothing prevents a school district from reporting a crime committed by a special education student. Special education students are not protected from federal or state criminal codes. If a crime is reported, copies of special education and disciplinary records of the student are to be transmitted for consideration by appropriate authorities to whom the crime is reported. Transmitting copies of records only is permitted to the extent allowed by the Family Educational Rights and Privacy Act. See Commentary p 46728Report crime – a crime is a crime; know the law and abide by it; all schools should have policies and procedures in place for school personnel and reporting of crimes – be aware of the procedures in your building/district This means Nothing prevents a school district from reporting a crime committed by a special education student. Special education students are not protected from federal or state criminal codes. If a crime is reported, copies of special education and disciplinary records of the student are to be transmitted for consideration by appropriate authorities to whom the crime is reported. Transmitting copies of records only is permitted to the extent allowed by the Family Educational Rights and Privacy Act. See Commentary p 46728

36. Basis of knowledge Treated as child with disability if Written concern to administration or teacher Parent request for evaluation Teacher or other personnel express concern regarding pattern of behavior to director of special education or other supervisory personnel Not treated as child with disability if Parent previously not allow evaluation Evaluation completed and not eligible for services In the past, much controversy over what this provision really meant – IDEA ’04 clarified the issue Slide is self-explanatory – paraphrase and go on Treated as child with disability if Parent expresses written concern to supervisory or administrative personnel or teacher of child Parent request for evaluation – as per regulations Teacher or other personnel express specific concern regarding pattern of behavior to director of special education or other supervisory personnel Not treated as child with disability if Parent previously not allow evaluation Evaluation completed and child was not eligible for services In the past, much controversy over what this provision really meant – IDEA ’04 clarified the issue Slide is self-explanatory – paraphrase and go on Treated as child with disability if Parent expresses written concern to supervisory or administrative personnel or teacher of child Parent request for evaluation – as per regulations Teacher or other personnel express specific concern regarding pattern of behavior to director of special education or other supervisory personnel Not treated as child with disability if Parent previously not allow evaluation Evaluation completed and child was not eligible for services

37. Web Resources National Education Association www.nea.org American Federation of Teachers www.aft.org National Association of School Psychologists www.nasponline.org Center for Positive Behavioral Intervention and Support www.pbis.org Center for Effective Collaboration and Practice www.air-dc.org/cecp/cecp.html National Dissemination Center for Children with Disabilities (NICHCY) www.nichcy.org

38. Reflecting on the content… Comments … Questions ??? Ahas !!! Discussion as time allows Leave all with a statement that the Association is here to support efforts.Discussion as time allows Leave all with a statement that the Association is here to support efforts.