section 7 discipline procedures for special …...services to the student during this exclusion...

Portland Public Schools Special Education Procedures Manual

Section 7

Discipline Procedures for Special Education Students

1. Disciplinary Suspensions for up to 10 Days – A student may be excluded from his or her current educational placement for disciplinary reasons for up to 10 cumulative school days per school year (to the extent such exclusion would be applied to students without disabilities). The district does not have to provide services to the student during this exclusion unless services are provided to nondisabled students under similar circumstances.

(a) Building discipline staff and special education staff will collaborate to

reduce the use of exclusionary discipline for students with disabilities by consulting with the Student Services Department before implementing a suspension that will result in more than 10 days of disciplinary exclusion.

(b) For students who have been suspended 5 or more cumulative days in this

school year, staff will conduct a functional behavior assessment and implement a behavior support plan for the student, and will, as needed, review and revise the student’s IEP. [See FBA/BIP Section]

2. Disciplinary Exclusions for more than 10 School Days –

(a) A series of suspensions for a student is considered a “pattern” when the

student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in previous suspensions and based on additional factors such as the length of each removal, the total amount of time of removals and the proximity of removals to one another. PPS has operationalized “pattern” in the Suspensions for Students with Disabilities Decision Tree.

(b) Any time a school proposes to exclude a student with a disability for more than 10 school days in a school year, special rules apply. These exclusions are limited to the following situations:

(1) Students with cumulative suspensions of more than 10 days who

do not have a “pattern” of suspensions. Alternative education services must be provided for each day of suspension beyond 10 days. See Suspensions for Students with Disabilities Decision Tree.

(2) Students with cumulative suspensions of more than 10 days where

the IEP team has determined that the conduct is not a manifestation of the student’s disability, and the IEP team has determined interim alternative educational services for the

Sec 7 DISCIPLINE – Revised 12/9/13 (reformatted 8/2014)


student for each day of suspension beyond 10. See Suspensions for Students with Disabilities Decision Tree.

(3) Students who are expelled where the IEP team has determined

that the conduct is not a manifestation of the student’s disability, and the IEP team has determined interim alternative educational services for the student for each day of suspension beyond 10.

(4) Students who are removed for special circumstances (for drug or

weapon violations or for serious bodily injury for up to 45 school days.

3. Interim Alternative Educational Services

(a) Suspensions of More than 10 School Days – No Pattern - If a student may

be suspended for more than 10 cumulative school days without a manifestation determination meeting (see PPS Suspension of Students with Disabilities Decision Tree), alternative education services must be provided to make up for missed instruction.

(1) At the time of the suspension, the building administrator must

consult with the student’s special education teacher to determine the alternative education services to be provided.

(2) Guideline for Services: For each day of suspension over 10, the

student will be provided with an hour of individual instruction by school staff or by another home instructor provider. These services may be provided before or after school, during the exclusion or within a short time after the student returns to school.

(3) The building administrator will notify the parents of the availability

of additional instructional support and how these services will be provided.

(b) Suspensions or Expulsions – Behavior not a Manifestation of Disability –

Students with disabilities may be suspended for more than 10 days or expelled after a determination that the behavior is not a manifestation of the student’s disability. In this circumstance, the IEP team must determine the appropriate interim alternative educational services for the student. These services are documented on the student’s IEP, placement and prior notice of special education action.



4. Manifestation Determination Meeting

(a) General rule - A manifestation determination meeting must be held before the 11th day of exclusion (and before each additional exclusion beyond the 11th day). The student may be only be suspended or expelled for more than 10 cumulative school days if the behavior is not a manifestation of the student’s disability.

(1) Manifestation determination exception - A manifestation

determination meeting is not required for certain suspensions if a building administrator documents that the student’s behavior is not a “pattern of behavior” using the PPS Suspension of Students with Disabilities Decision Tree . This is a very limited exception.

(b) Participants - The parent and school staff determine the relevant members

of the IEP team that must attend the meeting. (c) Scheduling –

(1) If the school is proposing an expulsion, the manifestation

determination meeting is typically scheduled in conjunction with the expulsion hearing.

(2) If the school is proposing a suspension or a suspension pending

expulsion, the manifestation determination meeting must be scheduled before the student’s 11th day of disciplinary exclusion, unless the manifestation determination exception applies – see above.

(d) Meeting notice - The special education case manager invites the parents

and other IEP team members to the Manifestation Determination meeting. A Notice of Team Meeting form must be used to document the parental invitation – even if time constraints are such that it is not feasible to mail the notice.

(e) Procedural safeguards notice - Parents must be given Notice of Procedural

Safeguards at the Manifestation Determination meeting, and staff must document that parents have been given this notice on the meeting minutes and on the Manifestation Determination form

5. Manifestation Determination Considerations – At the manifestation

determination meeting, the team determines if the behavior that caused the student to be disciplined was a manifestation of the student’s disability.



(a) The IEP team must consider:

(1) Behavior Incident – details of the student’s offense/rules violation.

(2) Current Disability(ies) - based on eligibility statements (and other

disabilities known to the team at the time of the incident). (3) All Relevant Student Information – including evaluations,

observations, parent information, current IEP/placement, other information the IEP team believes is relevant.

(b) Then, the team must answer two questions:

(1) Was the conduct in question the DIRECT result of the district’s

failure to implement the student’s IEP? For example, if the student has an accommodation of an individual behavior support plan, and if the plan was not implemented and as a result the student engaged in behavior that resulted in the suspension, this would be conduct that was the direct result of a failure to implement the student’s IEP. (An example where there is no direct result would be that a student did not get several sessions of speech-language therapy and then engaged in unrelated behavior that resulted in a suspension.)

(2) Was the conduct in question CAUSED by or did it have a DIRECT

and SUBSTANTIAL relationship to the student’s disability(ies)? In analyzing whether the conduct was caused by, or had a direct and substantial relationship to the student’s disability(ies), the team must analyze behavior over time and across settings. Behavior MUST be a DIRECT RESULT of the disability. The behavior must not be an “attenuated association.” (An example of an “attenuated association” would be a case where a child’s physical disability results in a loss of self-esteem, and the child consciously misbehaves in order to gain the attention of his/her peers.)

6. Manifestation Determination Outcomes

(a) Behavior is a Manifestation of Child’s Disability – If the team answers “YES”

to either or both questions above, the conduct in question is considered a manifestation of the student’s disability.

(1) The student CANNOT be excluded from his/her current placement

for disciplinary reasons (unless it is a removal for one of the “big



three” – see Special Circumstances, below). (IEP/placement teams may change the student’s placement using standard special education placement procedures if the data support such a change. This is not a disciplinary exclusion.)

(2) The IEP team MUST conduct a Functional Behavior Assessment

(FBA) if one has not already been conducted. (3) The IEP team MUST develop a Behavior Support Plan (BSP) (or

review and revise the current BSP).

(4) The student returns to his or current placement, unless there are Special Circumstances (see below).

(b) Behavior is NOT a Manifestation of a Child’s Disability – If the team

answers “NO” to both questions, the conduct in question is not considered a manifestation of the child’s disability. Regular disciplinary procedures may be applied as they do for non-special education students.

(1) The student must continue to receive Special Education and

Related Services although in an alternative setting to allow the student to continue to progress towards IEP Goals.

(2) The student must continue to participate in the general education

curriculum.

(3) The IEP team determines the student’s post-expulsion special education placement. A functional behavior assessment and behavior intervention plan should be developed if appropriate.

7. “Special Circumstances” – The school may remove a student to an Interim

Alternative Educational Setting for the same amount of time that a child without a disability would be subject to exclusion but not more than 45 school days for three special circumstances, regardless of the outcome of the manifestation determination meeting.

(a) Weapons Violations –

(1) Under the IDEA, a “weapon violation” means possession of a weapon, defined as “carrying a weapon to school or to a school function or acquiring a weapon at school.”

(2) Under the IDEA, a “weapon” is defined as: “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 2-1/2 inches in length.”

(3) A school administrator must contact the Student Services

Department to confirm that an object meets this definition of “weapon”.

(4) Building Administrator should contact the school District Safety

Officer and may want to contact police. The student may be arrested for the above noted offenses.

(b) Drug Violations –

(1) Under the IDEA, a “drug violation” means “the use, possession, sale or solicitation of drugs at school or a school function.” .

(2) Under the IDEA, a “drug” means an “illegal drug or controlled

substance, but does not include a substance that is legally possessed or used under the supervision of a licensed health-care professional or otherwise legally possessed. It does not include alcohol or tobacco.”

(3) Building Administrator should contact the school District Safety

Officer and may want to contact police. The student may be arrested for the above noted offenses.

(c) Serious Bodily Injury upon another person –

(1) Serious Bodily Injury is an injury that involves: o Substantial risk of death o Extreme physical pain o Protracted and obvious disfigurement; or o Protracted loss or impairment of function of a bodily member,

organ or mental faculty.

(2) The Building Administrator should contact the school district Safety Officer and may want to contact police. It is likely the student may be arrested for the above noted offenses.

8. Protections for Children Not Yet Eligible for Special Education

(a) The district is considered to “have knowledge” that a student has a

disability if, before the behavior that precipitated the disciplinary action:



(1) Parent expressed concern in writing to an administrator or teacher

“that the child needs special education and related services.” (2) The parent requested a special education evaluation of the child.

(3) A teacher or other district personnel expressed specific concerns

about a pattern of behavior directly to an administrator.

(4) A referral to the special education team for a special education evaluation had been made before the behavior that precipitated the disciplinary action.

(b) The district “does not have knowledge” that a child has a disability if:

(1) Staff are informally discussing that a student may be a special

education student. (2) The school’s Student Intervention Team/Building Screening

Committee is working with the student but has not referred the student for a special education evaluation.

(3) The parent has not allowed an evaluation of the child or has refused

services under the IDEA.

(4) The student has been evaluated, and the team determined the student was not eligible for special education services.

(c) If the district “has knowledge” that a child has a disability, it must treat the

student like it would a student already identified as eligible for special education services. All of the special education procedures apply to that student.

9. Parent Right to Special Education Appeal – If a parent files a special education

due process hearing to challenge the manifestation determination outcome or other special education decision related to this process, the student’s placement pending the outcome of the hearing is as follows -

(a) If the team concluded that the behavior was not a manifestation – The

child remains in the interim alternative educational setting until (whichever comes first), the decision of the Administrative Law Judge, or the end of the suspension or expulsion.



(b) If the team concluded that the behavior was a manifestation – The student remains in the placement before the disciplinary action unless:

• The parent and district agree otherwise; • “Special circumstances” exist that allow removal regardless

of the manifestation determination (see above), or

• The student is removed by a judge or an administrative law judge (state-level) for behavior likely to result in injury.

10. Reporting Crimes

(a) Special education law does not prevent district staff from reporting crimes to the appropriate authorities.

(b) The district may transfer special education and disciplinary records to

appropriate authorities when reporting a crime only if permitted under the Family Rights and Privacy Act (FERPA). In other words, the district needs written parent consent, a subpoena or court order, a health and safety emergency or other FERPA exception as defined in district policies.


Suspensions for Students with Disabilities

DECISION TREE

Did student engage in conduct that permits

suspension in the Guide?

Is proposed suspension length equal to or less than what would be imposed on a nondisabled

student?

Is suspension for the least number of days

possible under the circumstances?

Would the suspension result in 10 or less days

of disciplinary exclusion this school year?

NO Suspension is

permitted if

ALL

conditions in

the center

boxes are

positive.

Is this suspension permitted?

Suspension is

not permitted

if ANY of the

conditions in

the center

boxes are

negative.

Is the student’s behavior for this incident in the

same category of behavior as those that

resulted in previous suspensions this year?

(Pattern of behavior) (refer to Guide) YES

Suspension is for more than 10 cumulative days.

Manifestation

Determination

required before

suspension (like

expulsion) Has student already had 5 or more days of

exclusionary discipline in the last 6 weeks ?

Will this suspension result in 18 or more days of

disciplinary exclusion this school year?

Start Here

Suspension is

permitted.

Suspension

decision must

be made on a

case by case

basis. Must

provide

interim

alternative

educational

services!

Yes

Yes

Yes

Yes

NO

No

No

No

Plan for interim alternative educational

services to be provided for student? (If no,

bldg admin & sped tchr develop plan.) Yes

No,

not rel Yes,

related

Give Parents

Procedural Safe‐

guards

No susp;

do FBA/

BSP

May suspend‐ IEP

team decides

services

12‐9‐13


QUICK REFERENCE GUIDE: PROCEDURES FOR DISCIPLINE OF STUDENTS WITH DISABILITIES

Definitions Procedures

“Watch list” students: Students on IEPs who have been suspended from 5 to 10 school days in the current academic school year. Use suspension sparingly. Total days of suspension are very limited for students with disabilities.

• Hold IEP meeting to review and revise IEP as needed.

• Complete Behavior Intervention Plan/ Behavior Support Plan. Review as needed.

• Collect data on all intervention strategies used with student in current school year.

• Collect academic data/progress. Suspension resulting in more than 10 days – “pattern” – no exception: Students on IEPs who are being considered for a suspension that will result in more than 10 cumulative days of suspension in the current school year. These days are very limited – use sparingly and only for serious safety issues. Exceptions to the 10 day rule for “no pattern” may be made on a case by case basis. Use Suspensions for Students with Disabilities Decision Tree to determine whether suspension is allowable and whether manifestation determination is required. This process must be repeated for each additional suspension that goes beyond 10 days of suspension in the school year.

• Contact Student Services Department to determine whether there are viable options to suspension and how to manage the suspension.

• Hold IEP/manifestation determination meeting before implementing the 11th school day of suspension during the school year.

• Give parents Notice of Procedural Safeguards (Parent Rights) at the meeting or mail to parents if parents do not come to the meeting. Document on Meeting Minutes and Manifestation Determination form

• Do not suspend if behavior is a manifestation of student’s disability.

• If behavior is NOT a manifestation of student’s disability, suspension may be implemented. IEP team MUST determine student’s placement/services during the suspension and document on Prior Notice of Special Education Action.Complete or review Behavior Intervention Plan/Behavior Support Plan.

Suspension resulting in more than 10 days – (exception for “no pattern”) Students on IEPs who are being considered for a suspension that will result in more than 10 cumulative school days of suspension in the current school year. Does not include: students who are expelled (see below); or students with repeated suspensions if there

is not an approved exception (see above).

These days are very limited – use sparingly and only for serious safety issues. Exception is specific to a specific suspension.

• Use Suspensions for Students with Disabilities Decision Tree to determine is an exception is allowable.

• Contact Student Services Department to determine whether there are viable options to suspension and how to manage the suspension.

• Educational services must be provided during suspension. Building administrator consults with special education case manager to determine what services will be provided and informs parent.

• Complete or review Behavior Intervention Plan/ Behavior Support Plan.



Definitions Procedures Expulsion: • Students on IEPs who are being considered for an

expulsion or more than 10 consecutive days of suspension that is not a “removal”. (see below)

• Contact Student Services Department to determine whether there are viable options to expulsion and how to manage the expulsion.

• Hold manifestation determination meeting before implementing the expulsion.

• Give parents Notice of Procedural Safeguards at or before manifestation determination meeting and document on meeting minutes form and manifestation determination form.

• Do not expel if behavior is a manifestation of the student’s disability. (Complete or review behavior intervention plan/behavior support plan.)

• If behavior is not a manifestation of student’s disability, may implement expulsion, but IEP team must determine student’s placement during the expulsion.

• If appropriate, complete or review Behavior Intervention Plan/ Behavior Support Plan.

• Provide Prior Notice of Special Education Action for (interim) change in placement resulting from the expulsion.

• If behavior is a manifestation, do not expel. Removal (up to 45 school days): • Students on IEPs who have engaged in one of the

following behaviors: Use, possession, sale or solicitation of illegal

drug or controlled substance at school or at a school function.

Bodily injury, which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of a bodily function.

Use or possession of a weapon at school or a school function.

A weapon under the IDEA 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, but does not include a pocket knife with a blade of less than 2 ½ inches.

• Hold manifestation determination meeting before implementing the removal.

• Give parents Notice of Procedural Safeguards at or before manifestation determination meeting and document on meeting minutes form and on manifestation determination form.

• IEP team must determine student’s placement during the removal.

• Provide Prior Notice of Special Education Action for (interim) change in placement resulting from the removal.

• If behavior is a manifestation or if otherwise appropriate, complete or review Behavior Intervention Plan/Behavior Support Plan.



Manifestation Determination

This form is used to:

• Document the consideration and conclusion of the district representative, parent, and relevant members of the IEP team regarding whether the student’s behavior was a manifestation of the student’s disability.

• Citations: 20 USC § 1415(k)(1)(E); 34 CFR 300.530(e); OAR 581-015-2420 This form is used to: Document the consideration and conclusion of the district representative, parent,

Directions:

1. Enter the date the form was completed by the team.

2. Enter the student’s name, birth date, student ID number, attending school, and case manager.

3. Give parents Notice of Procedural Safeguards and check box on form. (If parents are not in attendance, mail a copy with the meeting documents.)

4. Complete Manifestation Review:

(1) Behavior subject to disciplinary action: Describe student’s behavior in objective terms. Include the date the behavior occurred. Include the intensity and duration of the behavior, etc. If the behavior involved other students, refer to those students by initials or other method that protects their confidentiality.

(2) Current disability(ies) based on eligibility statements: List the student’s current eligibility for special education services. For students who may have more than one disability but only one eligibility statement, as permitted by OAR 581-015-0053(4), list other educational needs identified on the IEP.

(3) Consideration of all relevant student information: Check all sources of information considered by the team.

4. Based on all the information, answer the two questions by checking “yes” or “no”.

(1) The conduct in question was a direct result of the district’s failure to implement the student’s IEP.



(2) The conduct in question was caused by or had a direct and substantial relationship to the student’s disability(ies). Note: the relationship must be a direct result and not an “attenuated association, such as low self-esteem”.

6. Manifestation determination:

• If the answer to either question is a “yes”, check the “yes” box that indicates the student’s behavior is a manifestation of the student’s disability.

• If the answer to both questions is “no”, check the “no” box indicating that the student’s behavior is not a manifestation of the student’s disability.

7. Team members: List all team members participating in the manifestation determination meeting.

8, Write the name of the staff person completing the form, that person’s title, and telephone number.


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