Edgefield County School District

Edgefield County School District

Office of Exceptional Children

Discipline for Students with Disabilities

Edgefield County School District

SPECIAL EDUCATION

DISCIPLINE FOR STUDENTS WITH DISABILITIES

2016-2017 SCHOOL YEAR

DISCIPLINE FOR STUDENTS WITH DISABILITIES

Schools may use customary disciplinary techniques for all children, including those with disabilities. The school’s focus should be prevention; that is, methods used to prevent future occurrences of behavior problems. Schools are encouraged to use a school wide multi‐tiered system of positive behavior interventions and supports (PBIS) for all children in the school. For children with disabilities, traditional forms of discipline such as in‐school suspension, detention, time‐out, study carrels, or the restriction of privileges can also be used so long as these forms of discipline are also used with nondisabled children and do not violate the provisions of a child’s IEP or the child’s right to a FAPE.

Federal and State law provides for due process protections when disciplining students with disabilities or who are suspected of having a disability.

These students include:

§  students with IEPs (IDEA)

§  students with 504 Accommodation Plans

§  students that have “not yet been found eligible” for special education or 504

Students that “have not yet been found eligible” still have rights under the IDEA if the school has “knowledge” that the child has a disability or if the student is in referral / evaluation process.

Definition of “Knowledge”

The language in the IDEA provides that a district is considered to have “knowledge” that a child has a disability if:

§  the parent of the child has expressed a concern in writing to school personnel that the child is in need of special education and related services;

§  the parent of the child has requested an evaluation of the child; or

§  the teacher of the child, or other school personnel, has expressed specific concerns about a pattern of behavior demonstrated by the child directly to supervisory personnel of the school or district.

Caution: If a parent expresses verbal concerns to the teacher, the teacher should follow up with supervisory personnel of the school or district and determine if there may be a need for an evaluation of the student.

Definition of “Removal”

Removal is defined as denying a student with disabilities any of the following opportunities:

§  Continue to appropriately progress in the general curriculum;

§  Continue to receive the services specified on his or her IEP; and

§  Continue to participate with children without disabilities to the extent they would have in their current placement.

All removals must be entered in Power School, even if the student receives educational services. These removals include:

§  In‐School Suspension

§  Out of School Suspension

§  Interim alternative Special Education setting

Guidelines for Calculating Days of Removal

50% to 100% of the day = 1 day of removal

49% or less of the day = Partial day of removal

The partial and full days of removal will add up to 10 before due process protections must be applied. Therefore, administrators must document the number of hours of partial day removals to accurately calculate the total cumulative days of removal.

Removals Up to 10 Cumulative Days

The district is not required to provide educational services to children with disabilities during the first 10 cumulative days of removal in a school year. The first 10 cumulative days of removal are NOT considered a change of placement.

Removals for more than 10 cumulative days in a school year

Edgefield County states that a disabled student may not be removed for more than ten (10) cumulative school days unless this is a special circumstance – Interim Alternative educational Setting (IAES - see below). Alternative educational placement services must be provided to any disabled student beginning on the 11th cumulative day of removal.

If a school recommends removal of a student for more than 10 cumulative days, the Special Education Coordinator must be consulted.

In‐School suspensions (ISS): A day of ISS will not be counted as a day of removal toward the 10‐day limit if the following three conditions are satisfied:

a. The student is afforded the opportunity to continue to appropriately progress in the general curriculum.

b. The student continues to receive the services specified in the student’s IEP.

c. The student continues to participate with non‐disabled students to the same extent as the student would have in his current placement.

Documentation Requirements:

The Case Manager is responsible for maintaining data that documents the three conditions mentioned above for the duration of the assignment to In‐School Suspension. This data must be available for review upon request. A suggested documentation form is available for use at the end of this document.

NOTE: All In‐School Suspensions must be coded in Power School even if the student received regular and special education services.

Bus Suspensions

Children with disabilities are entitled to a FAPE and all related services to ensure access to a FAPE. This includes transportation.

Children with disabilities may be suspended from using public school transportation even though they are not suspended from school.

If transportation is a related service on the child’s IEP, a suspension from the special education bus must be counted as a day of removal from school unless the district provides another means of transportation. This is true even if the parent brings the child to school. This is because suspension from the special education bus is a denial of an IEP related service.

If the child with a disability rides a regular bus and transportation is NOT a related service in the IEP, the bus suspension, though not considered a removal, is a disciplinary action due to a violation of the code of conduct. The Case Manager should consider if an FBA should be conducted and if a Behavior Intervention Plan is needed to prevent future bus behavior problems.

Referral to law enforcement

Nothing shall prohibit a school district from reporting a crime committed by a student with a disability to appropriate authorities as provided under Section 59‐24‐60. In reporting such a crime, the school shall ensure, consistent with the requirements of the Family Educational Rights and Privacy Act, that copies of the special education and discipline records of the student are made available to the appropriate authorities to whom it reports the crime.

For students that have a Behavior Intervention Plan as part of the IEP: While all staff members that interact with the student are responsible for the implementation of the BIP, it is the Case Manager’s responsibility to “oversee” its implementation. A student’s Behavior Intervention Plan must be shared with all adults responsible for implementation throughout a student’s school day ‐ including bus drivers, classroom assistants, cafeteria staff, front office staff and others as appropriate.

SPECIAL CIRCUMSTANCES: 45 DAY UNILATERAL INTERIM ALTERNATIVE EDUCATIONAL SETTING (IAES)

School authorities have the authority to remove a child with a disability to an IAES for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability for any of the following described offenses. Because of the inherent and imminent dangers associated with these special circumstances, school personnel need the ability to take swift action to address these situations to ensure the safety of all students and staff. School personnel may immediately remove a student with a disability to a 45 school day IAES if the child:

(1) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the State Education Agency (SEA) or the Local Education Agency (LEA);

A “weapon” in IDEA is given the meaning taken from 18 U.S.C. 930(g)(2). A dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except that such a term does not include a pocket knife with a blade of less than 2 ½ inches in length. The child does not have to use the weapon. He or she may merely possess it.

OR

(2) 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 an SEA or an LEA;

Illegal drug also includes controlled substances; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health‐care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.

There are three parts to this definition:

§  It is enough for a child to simply knowingly possess an illegal drug; he or she does not have to be caught using the drug.

§  With respect to a legally possessed controlled substance, the child must sell or solicit the sale of a controlled substance.

§  An illegally possessed controlled substance will be treated the same as possessing an illegal drug.

OR

(3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the Local School District or State Education Agency.

“Serious bodily injury” is defined as an injury that involves a substantial risk of death; extreme physical pain; protracted or obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. This definition is taken from paragraph (3) of subsection (h) of section 1365 of title 18, United States Code.

School personnel may remove a child with a disability who has violated one of these “special circumstances” to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability. An IEP meeting must occur in a timely fashion to determine the provision of FAPE during the IAES.

If school administration recommends that a student subject to 45 day removal be removed for a longer period of time, a manifestation determination must occur (although not necessarily prior to the 45 day removal), as well as notification to the child’s parents of this disciplinary action through Prior Written Notice and Procedural Safeguards. The manifestation determination must be conducted prior to the end of the 45 day removal. If the behavior is determined not to be a manifestation of the child’s disability, regular discipline procedures can be applied in addition to the 45 day removal. If the behavior is determined to be a manifestation of the child’s disability, the school still has the flexibility to keep the child out of the regular school setting for up to 45 school days due to these special circumstances.

Interim Alternative Educational Placements (IAEP):

Interim Alternative Educational Placement (IAEP) is the continuation of education services for students with disabilities who have been removed from school due to a change of placement. The IDEA requires districts to continue the provision of FAPE (which includes progress in the general curriculum) while the student is in the IAEP. Only the IEP/committee can recommend the provision of an Interim Alternative Educational Placement for removals determined to be a change of placement.

A representative from the Office of Exceptional Children must be in attendance at an IEP meeting where an Interim Alternative Educational Placement is being recommended.

School administrators and other school district personnel do not have the authority to unilaterally remove a child for more than 10 days, except for the Special Circumstances described above.

It is the responsibility of the student’s Case Manager to keep track of the number of days a special education student has been removed so that, if needed, Change of Placement can be determined and alternative educational services delivered.

School districts are required to submit data on all disciplinary removals to the State Department of Education. This data is extracted from student data base (Power School). It is critical that this data be accurate.

MANIFESTATION DETERMINATION REVIEW (MDR)

A manifestation determination review (MDR) is an evaluation of the relationship between a student’s disability and an act of misconduct. An MDR must be held when a school recommends removal beyond ten (10) cumulative days in a school year and the removal would result in a Change of Placement.

Prior to removing a student beyond 10 days then an MDR must take place to determine relatedness. The MDR must occur before the removal that would constitute a change of placement commences.

Students who must have an MDR before a change of placement due to discipline

The MDR requirement applies to:

§  special education students (has an IEP),

§  504 students,

§  students who the district is “deemed to have knowledge” are students with a disability. The district would be “deemed to have knowledge” if the parent has expressed concern in writing to district supervisory or administrative personnel, or to one of the student’s teachers, that the student is in need of special education and related services; the parent has requested an evaluation of the student; or the student’s teacher, or other district personnel, has expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the director of special education or to other district supervisory personnel. Note that there is nothing that would prevent district or school personnel from assisting a parent with putting their concern or request in writing.

FAILURE TO CONVENE THE MDR PRIOR TO REMOVAL THAT WOULD CONSTITUTE A CHANGE OF PLACEMENT IS A VIOLATION OF FEDERAL LAW AND CREATES A LIABILITY FOR THE SCHOOL DISTRICT. THE OFFICE OF EXCEPTIONAL CHILDREN WILL NOT BE RESPONSIBLE FOR PAYMENT OF COMPENSATORY SERVICES IN THIS CIRCUMSTANCE. COMPENSATORY SERVICES ARE REQUIRED BY LAW FOR DAYS REMOVED THAT WERE IN VIOLATION OF THE CHILD’S DUE PROCESS RIGHTS. SPECIAL EDUCATION FUNDS WILL NOT BE USED FOR PAYMENT OF COMPENSATORY SERVICES UNDER THESE CONDITIONS.

Considerations prior to scheduling the MDR conference

Consult with the Special Education Coordinator assigned to the school.

The IEP meeting to determine manifestation must occur within 10 school days of the decision.