Applying Appropriate
Discipline Practices
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The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations for the Education of Students with Exceptionalities and is not necessarily the sole philosophy of the presenter.
(Please don’t shoot the messenger!!)
Disclaimer
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Say A Prayer?
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The use of a school wide positive behavior support program (SWPBS) may greatly reduce the need for the following information.
For more information regarding SWPBS please contact:
Dr. Frances ClarkWest Virginia Department of Education
304-558-2696 [email protected]
Foreword
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Participants will:
Identify the role of disciplinary requirements in relation to accountability for student results
Apply knowledge of disciplinary language and requirements
Identify various types of removals and their
procedural requirements
Session Objectives
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Improved attendance ratesDecreased suspensions
Increased participation in assessments
Improved performance on assessments
Increased graduation rates Decreased drop out rates
Benefits to Appropriate Practices
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Making Sense Out Of The Language Of Discipline
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Manifestatio
n
Determinatio
nFAPE
IDEA 2004 &
POLICY 2419FBA
Removals
Briefly, complete the matching vocabulary exercise handout.
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“Check Prior Knowledge!”
a. Procedural Safeguards d. FAPEb. Behavior Intervention Plan (BIP) e. Functional Behavior Assessment
(FBA)c. Manifestation Determination f. Removals g. Disciplinary Change of Placement
____1. a decision about relationship between disability and behavior_____2. series of removals that is a pattern based on factors such as length
and proximity _____3. includes special education and related services provided at public
expense_____4. method of determining purpose of behavior_____5. designed to include environmental adaptations, staff responses and methods of teaching replacement behaviors_____6. provides parents and adult students with their rights regarding the special education process_____7. includes suspensions, expulsions, or other instances in which student is sent home because of disciplinary purposes.
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Removals – any time a student is taken from the educational placement as a disciplinary action
Change of Placement ◦Removal of more than 10 consecutive days; or
◦Removals that constitute a pattern > 10 cumulative school days Similarity of removal behaviors and Length, total time and proximity of removals
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Understanding the Terms
Manifestation Determination Review (MDR)– a process the IEP team uses to decide if the behavior subject to discipline is inherent to the student’s disability.
Functional Behavior Assessment (FBA) – a method of determining the purpose of the behavior(s) subject to disciplinary action
Behavior Intervention Plan (BIP) – developed using FBA information, includes methods for teaching replacement behaviors, strategies for meeting student needs appropriately, environmental adaptations, etc.
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Understanding the Terms
Free Appropriate Public Education (FAPE) – special education and related services
Provided at public expense Meets WVDE standards & Policy 2419 requirements Includes preschool through high school Provided in conformity with the Individual Education Plan
(IEP) Encompasses services necessary for the student
Procedural Safeguards - a document that informs parents/adult students of their rights regarding the special education process
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Understanding the Terms
http://wvde.state.wv.us/specialeducationcompliance/resources.html
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Apply discipline as with all students.
No special procedures apply.
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<11 Days of Removal
Decision Number 1:
Does this removal constitute a change of placement for the student?
11+ Days of Removal
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2 criteria to consider
Removal for >10 consecutive days
OR
Removals constitute a pattern
Change of Placement?
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the student’s cumulative removals are >10 school days, and
there is similarity of removal behaviors to previous behaviors, and
length, total time and proximity of removals have been considered.
A Pattern Exists When:
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With a partner, consider the data and answer only questions 1,2 and 3.
Activity 1
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Apply discipline as with all students Consultation required Consider completing FBA Consider interventions
Not a Change of Placement
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Notice of suspension (PWN) Procedural Safeguards Schedule IEP team meeting
Change of Placement
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Decision Number 2:
Is the student’s conduct a manifestation of the student’s disability?
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Direct, substantial relationship, OR
Failure to implement IEP
Manifestation of Disability?
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IEP team determines need for FBA/BIP
IEP team determines services/setting
Apply discipline as with all students
Not a Manifestation
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Conduct FBA, if none previous
Develop or review and revise BIP
Determine educational services
Return student to prior placement, unless other agreement
A Manifestation of Disability
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Refer to hand out number 3 once again and with your neighbor answer questions 4 and 5.
Activity 2
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‣Weapons‣Drugs‣Serious Bodily Injury
Discipline Procedures Addressed in: WV School Code §18A-5-1a IDEA 2004 Policy 2419
Special Circumstances
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Carries or possesses a weapon Knowingly possesses, carries, or uses illegal
drugs or sells or solicits the sale of a controlled substance
Inflicts serious bodily harm involving: A substantial risk of death Extreme physical pain Protracted and obvious disfigurement or
loss/impairment of function of bodily member, organ or mental faculty to another person
Federal Definitions
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Filing of a due process complaint
Parent -- disagreement with placement or manifestation determination
District -- concern over potential injury if student maintains current placement
Expedited Hearing
Right to Appeal
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Request for Evaluation of Disciplined Student
Protection for Students Not Yet Eligible
Involvement with Law Enforcement
Transfer of Discipline Records
Other Considerations
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Request for Evaluation of Disciplined Student
Stay put Expedited evaluation Determine eligibility Apply appropriate procedures
Other Considerations (Cont.)
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Protection for Students Not Yet Eligible
Basis of knowledge No basis of knowledge
Other Considerations (Cont.)
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Involvement with Law Enforcement
May report crimes by students Must report students with firearms Provide discipline & special education records as permitted by regulations
Other Considerations (Cont.)
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Transfer of Discipline Records
WV Code §18A-5-1a
Other Considerations (Cont.)
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You can always:
Start a PBS program at your school OR
Call Officer Mike!
Too Much to Remember?
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Type of Removal Type of Services Services Determined By:
1. <11 cumulative days
Same as for all students
None Required
2. >11 cumulative days (no change of
placement)FAPE
School personnel in consultation with
teacher
3. Disciplinary change of placement
Participation in GEEProgress toward IEP goalsFBA & BIP
IEP Team
4. Interim Alternative Educational
Setting (IAES)
Same as #3 above IEP Team
Services during Disciplinary Removals
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