LEXINGTONSCHOOL DISTRICT TWO

DISCIPLINE GUIDELINES FOR STUDENTS WITH DISABILITIES

(IDEA and Section 504)

Conducting Functional Behavioral Assessments (FBAs) and Developing Behavior Intervention Plans (BIPs)

A FBA and BIP should be considered for a student receiving regular or special education when his/her behavior reflects a pattern of chronic problems, when serious incidents occur that need attention, or after a student has been suspended for 5 days. A FBA and BIP must be developed when a Manifestation Determination Meeting is held for a special education student if those are not already in place to address the behavior(s) under discussion. A student’s FBA and BIP should be reviewed during the annual IEP meeting or more often if needed to assess the student’s behavioral progress, and revisions should be made when needed. A newly developed BIP should be reviewed after approximately four to six weeks of its implementation to determine if the plan is working for the student. FBA and BIP forms can be provided by the school psychologist and are also accessible via the Excent program as part of the IEP.

FBA

  • Begin gathering behavioral data prior to the FBA development (e.g., 10-day logs, observations, FBA form completed by teacher).
  • Interview teachers, parent, and student to gather information related to problem behaviors
  • Analyze environmental factors/situations where behavior frequently occurs; include health/medical issues
  • Review student’s educational/psychological records, previous behavior plans
  • Identify student’s strengths/motivators
  • Assess student’s skill deficits (academic and social/behavioral)
  • Must develop a hypothesis about function of student’s behavior at the conclusion of the

FBA.

BIP

  • Must always conduct/review a FBA along with developing/reviewing a BIP
  • BIP strategies should target remediation of skill deficits and teaching replacement behaviors. Teach expectations of student for school behavior.

March, 2009

Alternatives to Suspension

  1. In-School Suspension: ISS will not be counted as a day of suspension if: (a) the student has the opportunity to progress in the general curriculum; and (b) the student continues to receive the services specified in the IEP. Class work must be provided for the student each day, and the special education teacher must check on the student each day. The ISS setting should not be reinforcing, and there should be no interaction between students. Carrels are most effective.
  2. Lunch and after-school detention: First 15 minutes of lunch or after school- interrupts student’s social circle
  3. Restitution: Very effective for property damage or theft; include a working component, not just monetary
  4. Time-out from instructional setting: Use of a cooperating teacher; very effective with elementary students.
  5. Work Crew: Spell out specific tasks and time-document on a form; used at all levels
  6. Community Service (fire and police department, library, etc): Must be done at a time other than during the school day (generally after school), or it is suspension. Must know exactly what the student will be doing.

Suspension/Expulsion

1 to 10 days

  • A student identified as disabled with an IEP or Section 504 plan can be suspended from school for up to 10 days in a school year. If a student has chronic behavior problems or has been suspended for 5 days, a FBA and BIP should be developed. Begin gathering behavioral data prior to the FBA development (e.g., 10-day logs, observations, FBA form completed by teacher).

Beyond 10 days

  • If a student is suspended out of school for more than 10 days in a school year (cumulative), beginning on the 11th day, and each school day of suspension thereafter, the school must begin providing educational services that will enable the student to continue to participate in the general curriculum, although in another setting, and to progress toward meeting his/her IEP goals. In addition,a FBA and BIP that addresses the behavior should be developed or reviewed.

Bus suspension

  • If a student cannot attend school due to being suspended from the bus, and transportation is specified as a related service on the student’s IEP, the absence must be counted as a suspension day.

Partial-day suspensions

  • A “school day” is defined as at least 50% of the day. If a student is “sent home” or suspended for at least 50% of the school day, the partial day counts as a full day when determining whether the student has been suspended for more than ten days or has been subjected to a change in placement.

The principal will designate someone in each school to carefully monitor the number of suspension days for special education and 504 students and to notify the appropriate administrator when a student has been suspended for ten (10) days (including absences due to bus suspensions). The student’s special education teacher or 504 school coordinator should be notified of each out of school suspension day in order to determine the need for a MDR and/or development/revision of FBAs and BIPs.

Manifestation Determination Reviews (MDRs)

A manifestation determination review (MDR) is held when a student has been suspended out of school for ten cumulative days or when a “zero tolerance” offense (i.e., drug/weapon/serious bodily injury) has been committed. The student’s IEP/504 team will meet within five (5) calendar days of the last offense (and prior to the hearing) to conduct a MDR to review the student’s placement, special education services, and whether the offenses are caused by the disability. The IEP/504 team will include an administrator, the student’s special education teacher, school psychologist, parent/guardian, and other persons as needed who are familiar with the student and the disabling condition. Steps to follow when a MDR is needed:

  1. Administrator contacts parent/guardian to inform them of the discipline offense(s), intervening discipline consequence, and need for an IEP/504 meeting at the school. In

addition to verbal communication with the parent, this information should also be

provided to the parent in writing (advance notice).

  1. Administrator contacts the special education teacher/504 school coordinator and the school psychologist to inform them of the need to schedule an MDR
  2. Administrator directs clerical assistant or special education teacher to contact the parent to

schedule the MDR meeting. The IEP/504 notification, prior written notice and parent

handbook are sent to the parent prior to the meeting; if the meeting is held before this

information can reach the parent by mail, it is given to the parent at the meeting.

  1. MDR meeting is conducted as follows and is documented on a Manifestation

Determination Review form:

  • School administrator describes discipline offense(s) subject to suspension
  • Functional assessment of behavior involved in discipline offense is conducted, and student’s pertinent evaluation information and behaviors targeted in current and previous IEP goals and objectives/504 are reviewed
  • Committee determines whether the student’s behavior was the direct result of the school’s failure to implement the current IEP or 504 accommodations and if the student’s behavior had a direct and substantial relationship to his/her disability
  • Based on the above information, committee determines whether the behavior is or is not a manifestation of the disability
  • If the behavior is determined to be a manifestation of the student’s disability, normal disciplinary procedures may NOT be followed; the student must be returned to the placement from which he/she was removed, unless the parent and the school agree to a change of placement.The IEP team will determine disciplinary consequences and make recommendations regarding changes in placement/services and referrals. If the behavior isdetermined NOT to be a manifestation of the student’s disability, normal disciplinary procedures* may be followed, but the student must be provided with a free and appropriate public education (FAPE) as determined by the IEP team.
  • Behavior Intervention Plan (BIP) is developed/revised to address behavior involved in discipline offense (if not already addressed) and the IEP is revised to reflect changes in placement/services; copies of all paperwork generated at the meeting are provided to the parents.

Weapon/drug/serious bodily injury offenses: (see also 45-day Removals)

  • If the discipline offense involves a weapon, drugs, or serious bodily injury and is determined to be a manifestation of the student’s disability, the student will be referred to the District Hearing Officer for assignment into a 45-day interim alternative educational setting (IAES) to be determined by the IEP team. Upon receipt of the Hearing Disposition letter, the referring administrator must notify (within 3 days) the school psychologist, special educator, and clerical assistant to schedule the IEP meeting for placement. An IEP team review must be held within 45 school days of the IAES placement to determine continued placement/services. If the IEP team determines that the IAES placement should be continued, parental consent for the placement should be obtained. The 45 days does not extend into the next school year.
  • If the weapon/drug/serious bodily injury offenseisdetermined NOT to be a manifestation of the student’s disability, the student will be referred to the District Hearing Officer for expulsion. After the hearing, the hearing officer will direct the IEP team to convene to determine the provision of special education services (not applicable to 504 students). Upon receipt of the Hearing Disposition letter, the referring administrator must notify (within 3 days) the school psychologist, special educator, and clerical assistant to schedule the IEP meeting for placement. If the behavior is not a manifestation of the student’s disability, the length of removal may be the same as for a non-disabled student, except that services must continue to be provided for the duration of the removal. The student’s placement should be reviewed within 45 school days and as needed thereafter until the annual review is due or until the end of the school year, whichever comes first.

*Only “zero tolerance” offenses will be referred to the District Hearing Officer (i.e., drug/weapon/serious bodily injury offenses). Certain other serious offenses may be referred to the District Hearing Officer as determined on a case-by-case basis. All other discipline infractions should be addressed through the IEP/504 Special Review process.

45-day Removals of Special Education Students to Interim Alternative Educational Settings (IAES) (not applicable to 504 students)

An IAES is defined as a setting that will enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the student’s IEP. Services and modifications designed to address and prevent the behavior that resulted in the removal from recurring must also be provided. A Manifestation Determination Review (MDR) must be conducted before a student is placed in an IAES.

Students with IEPs can be placed in an IAES for up to 45 school days under three circumstances:

  1. Where the student carries or possesses a weapon *to or at school, on school premises or to or at a school function under the jurisdiction of a State or local educational agency.
  • A dangerous weapon for these purposes is defined as a knife with a blade over 2 inches long, a blackjack, a dirk, stabbing knife such as a switchblade, a metal pipe or pole, metal knuckles, razor, or any other deadly weapon usually used to inflict bodily injury. This includes firearms or any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by explosion or burning substance or any device readily convertible to that use.
  1. Where the student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, *while at school, on school premises or at a school function under the jurisdiction of a State or local educational agency.
  • Possession, sale, use, distribution, conspiracy to distribute, or being under the influence of drugs, including hallucinogenic inhalants, drug paraphernalia or counterfeit drugs and including a drug, substance, or its immediate precursor.
  1. When a student has inflicted serious bodily injury upon another person *while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency.
  • “Serious bodily injury” involves one ormore of the following: (a) a substantial risk of death; (b) extreme physical pain; (c) protracted and obvious disfigurement; or (d) protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

*See student discipline policy for specific times/places when/where this policy is effective.

In addition, school officials may seek a 45-day removal to an IAES when a student is considered to be “dangerous by seeking a court injunction or removal by a due process hearing officer. To remove a dangerous student to a 45-day IAES, school authorities must provide substantial evidence to a special education due process hearing officer that maintaining the current placement of the student is substantially likely to result in injury to the student or to others. The school district should also be able to show that the student’s placement was appropriate, that reasonable efforts were made to minimize the risk of harm in the current placement (e.g., strong BIP and/or shadow), and whether the proposed IAES will allow the student to progress in the general curriculum and receive special education services. The hearing to determine dangerousness must be held on an expedited basis.

“Stay-put”

Students will remain in the disciplinary setting, rather than the original school placement, while the manifestation determination or other disciplinary process is being challenged by a parent through due process. Whenever a disciplinary action is challenged, the student must remain in the IAES pending the decision of the special education hearing officer or until the expiration of the term of removal to the IAES, whichever comes first.

Resources Used:

Cal Evans

Fall SCASP Workshop, 10/2/2002

David T. Duff

Andrea White

Duff, White, & Boykin, L.L.C.

Laura Mohr, Ed.D

Mohr Educational Associates

Discipline of Students With Special Needs in South Carolina

Workshop, 1/12/2005

South Carolina State Department of Education

Policies and Procedures Manual

Fall, 2008

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