the pti press winter 2010 - ask resource...
TRANSCRIPT
THE PTI PRESSA publication of the Parent Training and Information Center of Iowa
Winter 2010
The Parent Training and Information Center of Iowa exists to serve fami-lies of children with disabilities. The PTI of Iowa is a statewide service of ASK (Access for Special Kids) Resource Center, a nonprofit organization dedicated to helping families of children with disabilities.
The contents of this newsletter were developed under a grant from the U.S. Department of Education, Office of Special Education Programs. The contents do not necessarily represent the policy of the Department of Education, and you should not assume en-dorsement by the federal government. Products and services described herein are not endorsed by ASK or the U.S. Department of Education.
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IOWA TIGHTENS RULES GOVERNING THE USE OF SECLUSION AND RESTRAINT IN SCHOOLSby Tricia Kelly, Iowa Department of Education Intern and Susan E. Myers, ASK Resource Center Director
The Spring 2009 edition of the PTI Press, “All About Behavior: Part 1,” focused on issues surrounding behavior, highlighting how parents and educators can work together to prevent problem behavior through individual approaches and on a system level. We also touched on developmental milestones for positive mental health for kids and how parents can impact their chil-dren’s healthy development in the toddler and preschool years. When a student’s behavior gets in the way of his or her learning, a Functional Behavior Assessment and Intervention Plan are required in order to understand how to meet the child’s needs
while reinforcing appropriate behaviors. (Check it out on the web at http://www.askresource.org/ptinewsletters.html.)
In this edition we take a look at the policies and procedures applicable when early interventions have been unsuccess-ful. Although the same disciplinary procedures apply to all students, including those with disabilities, some conditions warrant special consideration.
The potentially hazardous, even life-threatening costs of handling school discipline problems with seclusion or restraint methods gained national attention after stunning testimony to the House of Representatives’ Education and Labor Com-mittee hearing to examine such practices in the summer of 2009. Concurrently, the Government Accountability Office (GAO) released a cautionary report entitled “Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers.” In response to con-cerns about dangers presented by the use of such practices, in July 2009, U.S. Education Secretary Arne Duncan called on all State Chief School Officers to review their state policies on seclusion and restraint.
In part, Secretary Duncan’s letter to the state’s Education chiefs noted his concern: “I was deeply troubled by the tes-timony, as I am sure you would have been. As education lead-ers, our first responsibility should be to make sure that schools foster learning in a safe environment for all of our children and teachers. Therefore, I am encouraging each State to review its current policies and guidelines regarding the use of restraints and seclusion in schools to ensure every student is safe and protected, and if appropriate, develop or revise its policies and guidelines.”
Secretary Duncan recognizes the importance of parental involvement in holding districts accountable for following the state’s guidelines. “I also urge you to publicize these policies and guidelines so that administrators, teachers, and parents understand and consent to the limited circumstances under which these techniques may be used; ensure that parents are notified when these interventions do occur; and provide the resources needed to successfully implement the policies.”
The Iowa amendments to Chapter 103: Amended Admin-istrative Rules on Corporeal Punishment, Restraint, and Physical Confinement and Detention preceded this national scrutiny and became effective in 2008. The Iowa Department of Education has several helpful resources on the Amended Chapter 103. Go to http://www.iowa.gov/educate/index.php?option=com_content&view=article&id=1002&Itemid=1299 for more information.
In Iowa, concern about the use of seclusion and restraint came up when, in 2006, parents of an eight-year-old Waukee student with multiple disabilities, including autism brought a lawsuit against the Waukee district for placing their daughter in restraint holds, putting her in seclusion for hours at a time, and not informing the parents.
ALL ABOUT BEHAVIOR: PART 2
Definitions:
“Physical confinement and detention” or “Seclusion” – involuntary confinement of a person in a room or area from which the person is physically prevented from leaving.
Physical Restraint – any manual method that restricts freedom of movement of a person’s arms, legs, or head.
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According to testimony in the court case, school personnel had been trained and certified to use restraint holds developed by David Mandt & Associ-ates, a Dallas-based company founded in 1975 whose method is used by more than 500 school districts, but the company said the holds were not used properly, as they were used for behavior management rather than as a last resort. Changes in the Iowa code will ensure that staff are sufficiently trained in such techniques so that if and when they are used, they are ap-plied with fidelity to the training. (See Wall Street Journal, Robert Tomsho, July 9, 2007,”When Discipline Starts a Fight,” http://online.wsj.com/article/SB118375070827459396.html).
The family won the law suit and the subsequent appeal by the the school district. The Administrative Law Judge’s order required the educators to seek outside expertise, come up with a new education plan for the eight-year-old, and provide her with compensatory summer classes. In dealing with such stu-dents, the judge wrote that schools must “focus on positive behavior supports and not punitive techniques such as restraint, extended isolation, or time-out.” This concern focusing on supports for posi-
tive behavior rather than punishing poor behavior after the fact is reflected in both the Iowa code amendments and in the letter to the nation’s education leaders from U.S. Education Secretary Arne Duncan. We hope that this issue of The PTI Press will help contribute to an atmosphere where informed par-ents, teachers and administrators pursue positive behavioral supports and protect the safety of each student and the learning environment as a whole.
-- Susan Myers, ASK Resource Center Executive Director
New Standards of Practice
The State of Iowa recently amended its rules on corporal punishment, physical restraint (“restraint”), and physical confinement and detention (“seclusion”) in educational set-tings. These rules are published in Chapter 103 of the Iowa Department of Education’s Administrative Rules. They will be referred to as “Chapter 103.” The changes apply to employees of local school districts, AEAs, and accredited nonpublic schools, and the children these employees serve. The board of a school or AEA may adopt its own policies, but only if they exceed the minimum require-ment of Iowa rules.
The purpose of Chapter 103 is to provide
guidance to all educators across the state on physical restraint, what is considered reasonable force, and limitations on physical contact with students.
Any use of seclusion or restraint is subject to the rules of Chapter 103, regardless of what language is used to describe it. In other words, if a school employee uses one of these methods to deal with student behavior, labeling the method “time out” rather than “seclusion” does NOT exempt the school from Chapter 103.
Chapter 103 applies to all students, includ-ing those receiving special education services and supports. A student’s IEP may contain practices or procedures that are individual-ized to meet a student’s needs, but CANNOT be out of compliance with Chapter 103.
3 Important Points for Educators
1. Periodic training is now required for edu-cators to equip them with the tools to determine when seclusion and restraint may be necessary and reasonable. Schools are required to provide staff with training on alternative approaches such as Positive Behavior Interventions and Supports (PBIS), crisis prevention, intervention, and de-escalation, as well as safe and effective ways to employ seclusion and restraint. Schools must now document every instance of seclu-sion or restraint.*
Positive Behavioral Interventions and Supports (PBIS) is a comprehen-sive system of behavior management
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designed to increase pro-social student behavior and is now part of the required training.
2. Prone Restraint is explicitly prohibited. Prone restraint is any type of restraint in which the student is held face-down. This is prohibited (except in emergency situations) because of the risk of choking, suffocating and death associ-ated with its use.
3. Educators who violate the rules that address restraint may be subject to civil and/or criminal liability.
What is the Purpose of Seclusion and Restraint?
Seclusion and restraint are two techniques to be used as a last resort to control the behavior of students, only when other rea-sonable techniques have been unsuccessfully attempted.
What Should Parents, Teachers and Administrators Know?
The changes in Chapter 103 apply to ALL employees of school districts, AEAs, and accredited nonpublic schools, as well as to all students.
The rules serve two major purposes. The first is to provide a safe and productive learning environment for all students. The second is to improve student achievement. A safe learning environment is necessary for improvements in academic achievement.
The new rules require all employees to be trained in the use of physical restraint and confinement before using seclusion or restraint. Training must be “adequate” and “periodic” as well as “appropriate for the employee’s position and responsibilities.” Certain staff members will have more inten-sive, frequent, and extensive training than others. Training will cover topics such as Chapter 103, Positive Behavioral Interven-tions and Supports, crisis prevention, inter-vention, and de-escalation, and safe and
effective ways to use physical restraints and seclusion.
This training will teach staff members about when the use of seclusion and restraint is appropriate and how to use these means in a safe and effective way.
Schools now must give parents annual notice of Chapter 103 and the school’s poli-cies about seclusion and restraint. Schools must attempt to notify parents on the day of an instance of seclusion or restraint. They must also thoroughly document every instance of seclusion and restraint. Schools must send this written documentation to parents within three days of the incident.
Documentation requirements include:• The names of all people involved in each
incident;• Date, time, and duration of the incident;• Student and employee behavior before,
during, and after the incident;• If any alternative disciplinary proce-
dures were attempted first,• A description of all injuries and property
damage resulting from the instance, and • What approaches to the student’s
behavior will be attempted in the future.
Chapter 103 Bans Corporal Punishment
The rules ban all corporal punishment. This is not a new requirement. Corporal punish-ment is defined as any intentional (deliber-ate) “physical punishment of a student” including “use of unreasonable or unneces-sary physical force, or physical contact made with intent to harm or cause pain.”
Corporal punishment is not:• Verbal chastisement;• Any reasonable request for physical
activity or extracurricular athletics;• Detentions within reasonable time
limits; • Actions consistent with IEPs, so long as
the IEP does not violate Chapter 103• Actions against non-students
www.iepquality.iowa.gov
Iowa’s GuidanceFor Quality IEPs
For more information contact:Sharon Hawthorne
OrKiersten Hensley
Topics on IEP Website Include:Foundations of Iowa’s IEP
The IEP TeamInitial IEPsIEP Reviews
ReevaluationsAmending the IEP
IEP Requirements for 3-5 yr oldsInterim IEPs
IEPs for Private School ChildrenAdding New Goal AreaSecondary TransitionAssistive Technology
Deaf or Hard of HearingBlind or Visually Impaired
Least Restrictive EnvironmentPLAAFP
Measurable Annual GoalsProgress Monitoring Procedures
Special Education ServicesServices, Supports and Activities
Districtwide AssessmentsPrior Written Notice
Extended School Year ServicesAutism and ASD
MedicaidProhibition on Mandatory Medication
Definitions:• Crisis prevention – methods
emphasizing ways to provide reso-lutions to the causes of the con-flict, effectively stopping or slowing further escalation.
• Crisis intervention – methods used to come between the person and the cause of the crisis, to offer an immediate, short-term solution.
• Crisis de-escalation – methods used to decrease the intensity and magnitude of the conflict situation.
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What is “Necessary and Reason-able” force?
Physical force is allowed if it is necessary and within reason. There are five qualifying stan-dards upon which “reasonable” and “neces-sary” are judged.1. The student’s size and physical, mental,
and psychological condition;2. The nature of the student’s behavior;3. The method used to apply force;4. The extent of injury to the student (if
any);5. Employee motivation for using force.
The decision-making process requires delib-erate thought before using either technique. Examples of situations where force may be necessary and reasonable, according to Chapter 103, include: • To suppress a disturbance or prevent an
act that threatens harm to another;• To obtain a weapon or other dangerous
object;• Self-defense or defense of others;• To protect property; and• To maintain order and control.
Injury to the student does not necessarily equate with inappropriate force if the inten-tion was appropriate, but inappropriate force is never acceptable, even for the above pur-poses. Safety must always be the primary consideration. One may not use these tech-niques for minor infractions.
Responding to Problem Student Behavior, Are there Good Alterna-tives to Seclusion and Restraint?
YES. There are many alternatives to seclu-sion and restraint. PBIS has been proven to increase student time in instruction while decreasing office referrals and suspensions. While PBIS is implemented within an edu-cational setting, it teaches students skills that are also applicable in the home and com-munity.
As noted in the Spring 2009 edition of the PTI Press, PBIS may be applied to all students and staff members. It may also be used to provide additional support to students in the classroom, or it may be used as an individualized support consisting of functional behavior assessment and comprehensive behavior assessments and planning. (See “All About Behavior, Part 1, PTI
Press, Spring 2009, www.askresource.org). The focus is on positive and
acceptable behaviors that apply in all set-tings. It is based on positive reinforce-
ment for desired behaviors, consistent
and systematic correction procedures, and prevention of
undesirable behaviors. Alternatives provided should match the function of
the student’s behavior and should address both prevention and consequences of undesirable behavior.
Other disciplinary options include giving a wide array of choices, teaching alter-native behaviors and using appropri-
ate instructional levels.
Crisis prevention, crisis intervention and crisis de-escalation are other approaches to handling severe situations. Trained staff
will recognize signs and symptoms of dis-tress and will have the skills to assess the situation accurately, select a response that is most likely to end the undesired behavior, teach replacement behavior, and use the lowest level of coercion. These are means to avoid a crisis situation while also achieving safety for all students and staff.
What is Restraint?
“Restraint” is any method that restricts or reduces another person’s ability to move his or her arms, legs, or head freely (Welfare League of America, 2002). Employees may use “minor and reasonable” physical contact to maintain order and control. Not every contact with a student is considered restraint. For example, hand-over-hand guid-ance/instruction (such as a teacher placing her hand over a student’s hand to guide handwriting) is within reason and not consid-ered physical restraint.
Material restraints may not be used in any fashion to confine or restrain students. Safety, therapeutic, and medical devices are not considered material restraint if they are used as designed and/or prescribed. The improper use of any device constitutes a vio-lation of Chapter 103.
According to Chapter 103, if “an employee physically restrains a student who uses sign language or an augmentative mode of com-munication as the student’s primary mode of communication, the student shall be per-mitted to have the student’s hands free of
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For more information, please contact:
• Your school district’s Director of Special Education,
• Your local Area Education Agency,
• The Iowa Department of Education at www.iowa.gov/educate/
• The ASK Resource Center (Iowa’s Parent Training and Information Center) at www.askresource.org or 800-450-8667
*Additional information about training is available by contacting your AEA or the Iowa Department of Education at 515-281-3176.
Winter 2010 5
restraint for brief periods, unless an employee determines that such freedom appears likely to result in harm to self or others.”
Prone restraint, also referred to as ground restraint, is now BANNED. If an employee finds herself using the prone restraint to respond to an emergency, the employee must take immediate steps to end the prone restraint.
Seclusion: Confinement and DetentionUnder Chapter 103, seclusion involves the involuntary removal of a student to a room or other place from which the student’s ability to leave is restricted. Seclusion is designed to provide the student an opportunity to calm down and to resolve issues of safety.
The size of the space where the student is confined must be of reasonable dimensions, free from hazards, and with sufficient lighting and adequate ventilation. The time a student spends in seclusion must be reasonable con-
sidering the student’s age. The student must be afforded reasonable breaks for bodily func-tions, but sleep is not considered a “bodily function.”
If the time spent in seclusion exceeds sixty minutes or the typical class period (whichever is less), an administrator must give approval. The student must also have adequate and con-tinuous adult supervision.
If a door is used for confinement and has a locking mechanism, it must comply with all building and fire codes and with Chapter 103.
Are Most Uses of In-School Suspen-sion Considered “Physical Confine-ment and Detention,” governed by Chapter 103?According to the Iowa Department of Educa-tion, typical in-school suspension arrange-ments are not “physical confinement and detention.” • A teacher ordering a student to remain
in an in-school suspension room or stand
alone does not constitute physical con-finement of a student.
• Merely closing the door of an in-school suspension room does not restrict the students’ egress to the point where a student would be considered “confined” in the room.
LDA-IA IS:
• a voluntary, non-profit organization of parents, professionals, and other interested persons who are dedicated to improving the lives of children, youth, and adults with learning disabilities.
• a state affiliate of The Learning Disabilities Association of America.
OUR GOALS ARE TO:
• encourage an understanding of children, youth, and adults with LD.• provide information about learning disabilities to parents, teachers,
administrators, and other interested individuals.• encourage further development of available and appropriate educational
programs for all students with LD.• encourage development of comprehensive college and university programs for
teacher education in learning disabilities.• promote vocational and career education.• develop affiliate chapters throughout the state to provide local support to
students with LD and their families.• serveasadvocatesfortherightsofchildren,youth,andadultswithLD.
Learning Disabilities Association of Iowa(LDA-IA)
MEMBERSHIP IN LDA AND LDA-IA IS ONLY $30/YR!
See www.lda-ia.org for details.
LDA-IA5665 GREENDALE RD., STE. D
JOHNSTON, IA 50131
Phone: 515-280-8558Toll-free IA: 888-690-5324
Fax: 515-243-1902E-mail: [email protected]
Winter 20106
Sometimes, a little knowledge is a dan-gerous thing. Consider, for example, the widespread belief that there is a ten-day limit on the number of days that a child with disabilities can be suspended from school. As with many widespread beliefs, the common version of the rule is only partially true. Here are nine things that every parent advocate should know about the so-called “ten-day” rule and the laws governing the suspension of children with disabilities who are entitled to services under the Individuals with Disabilities Education Act (IDEA):
There is no such rule.
At least since the 1997 amendments to the IDEA, the “ten day” rule is not a rule at all. Provided that school districts are not discriminating
on the basis of disability, they have the right to suspend IDEA-entitled children with disabilities for more than ten days in the course of a school year.
There are steps the school must take if the suspension is for more than ten consecutive days.
If a school district sus-pends an IDEA-entitled child for more than ten consecutive school days, there are certain procedural steps that
it must take. It must treat the suspen-sion as a change of placement, it must give notice to the parents, and it must convene a manifestation conference to determine if the conduct giving rise to the suspension was a manifestation of the child’s disability.
If the eleventh day of suspen-sion is not consecutive, there is a question, not a rule.
If a school district sus-pends an IDEA-entitled child for less than ten days, but does so more than once so that the total number of days
of suspension during the school year exceeds ten, there may or may not be a change of placement requiring notice to the parents and a manifestation con-ference. The answer to this question depends upon whether or not a judge will determine that the series of sus-pensions “constitute a pattern” based on “factors such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another.” This is a sub-jective rule, meaning that how it will be applied depends upon who is applying it.
If the eleventh day of suspen-sion is not consecutive, parent advocates need a better answer.
In the case of non-con-secutive suspensions, one Iowa Administra-tive Law Judge com-mented that the sub-jectivity of the 10-day
rule creates a “Catch-22” for school district personnel, who will not know if the eleventh day of suspension has trig-gered the parental notice and manifes-tation determination requirements until after a judge has decided the question. Parent advocates would answer that it also creates a “Catch-22” for parents. If school districts charge ahead without notice, parents are not protected against the eleventh day of suspension; they are merely given the opportunity to
try the issue before a judge. We suggest that a better answer must be found.
A BETTER ANSWER: Focus on the needs of your child.
The so called 10-day rule triggers certain procedural protections for parents. Pursuing those procedural pro-tections, however, can
put technicalities ahead of your child’s interests. A better answer is to focus on the needs of your child in one or more of the following ways:
Request a new evaluation.
Parents do not need to wait three years for a re-evaluation of their child. They can request a new evaluation any time there is good reason to
do so. Parent advocates suggest that, if your child is being repeatedly suspended from school, there is “good reason” to request a new evaluation. The evaluation questions should include:
(1) Is the conduct giving rise to the suspensions a manifestation of my child’s disability?
(2) Is the current educational program appropriate to my child’s behav-ioral needs?
Call for an IEP Meeting.
If your IDEA-eligible child is being suspended from school on a repeated basis, the IEP team should meet to consider whether the program for
nine things eVery parent aDVoCate shoulD Know about the “ten Day” rule anD the eleVenth Day oF suspensionby Curt Sytsma, Attorney at Law
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that child is appropriate. This is true whether or not the suspensions consti-tute a change in placement.
Insist upon education from and after the eleventh day.
Parent advocates should respond to the eleventh day of suspen-sion by advocating for (and insisting upon) the continued provision of
educational services. The reason is that, while the law permits an eleventh day of removal from the child’s educational envi-ronment, it also mandates the contin-ued provision of services. According to the U.S. Office of Special Education Pro-grams, “For a child who has been removed
from his or her current place-ment for more than 10 school days in a school year, the [school district] must provide services to the extent nec-essary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the child’s IEP.”
Better yet, don’t wait until the eleventh day.
If the parent advocate is focused on the needs of the child, there is no need to wait until the eleventh day to
request a new evaluation. There is no need to wait to call an IEP meeting. As soon as it reasonably appears that your child’s program is not meeting your child’s needs, you can act.
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Find useful documents such as:• Section504-1973RehabilitationAct• SampleLetterforRequestingSchoolAction• BullyingandHarassment• BehaviorRelatedIssues• MentalHealth• EnglishLanguageLearners• SpanishTranslations
And many more!
FeelfreetocontactASKResourceCenterwithanyquestionsabouthowtofindthesedocumentsorhowtogetcopies.(515)243-1713or(800)450-8667.
Check Out Our Helpful Publications Online at:www.askresource.org/publications.html
Winter 20108
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Winter 2010 9
Special Education DisciplineStep by Step Guideto Suspension/Expulsion
Behavioral Intervention Plan(s) is defined as a written, specific, purposeful, and organized plan which describes positive behavioral interventions and supports and other strategies that will be implemented to address goals for a student’s social, emotional, and behavioral development. In addition, for students whose behavior prompts disciplinary action, the behavioral intervention plan addresses the behavior of concern.
Change in Placement occurs under the following circumstances; (1) the removal is for more than ten consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern. 41.536(1)
Expulsion, defined as the result of “school board action resulting in the removal of a student ‘from the rolls’ of a district (unless a student has an IEP and requires continuing services) for disciplinary reasons .”
Functional Behavioral Assessment(s) enhances an understanding of the purpose and function of a student’s behaviors and subsequently provides information leading to interventions and needed supports. For a student who becomes subject to disciplinary action a functional behavioral assessment is used to develop a behavior intervention plan within the context of the IEP process.
In-School Suspension is defined as “instances in which a child is temporarily removed from his/her regular classroom(s) for disciplinary purposes but remains under the direct supervision of school personnel. Direct supervision means school personnel are physically in the same location as students under their supervision.” OSEP Data Fact Sheet – Discipline (October 2006), p. 3
Interim Alternative Education Settings are outside of the school. In this setting the child must receive the following:
• Educationalservicesthatenablesthechildtoparticipatein the general education curriculum and progress toward meeting their IEP goals.
• Asappropriate,afunctionalbehavioralassessmentandbehavior intervention plan that addresses the behavior(s) of concern. 41.530(4)
Out-of-School Suspension is defined as “instances in which a child is temporarily removed from his/her regular school for disciplinary purposed to another setting (e.g., home, behavior center). This includes both removals in which no IEP services are provided because the removal is 10 days or less as well as removals in which the child continues to receive services according to his/her IEP.” OSEP Data Fact Sheet – Discipline (October 2006), p. 3
Pattern refers to removals of a child that constitute a pattern based on: (1) a series of removals of more than 10 school days in a year,
(2) the behavior that caused the removal is similar to the behavior that caused previous removals, and (3) additional factors such as the length, time and proximity of the series of removals. 41.536(1)
Removal. Disciplinary actions will not be considered removals if all three of the following questions are YES:
1. Will the student be able to appropriately participate in the general education curriculum?
2. Will the student be able to receive the services specified in the student’s IEP?
3. Will the student be able to participate with students without disabilities to the extent provided in the student’s current placement? 41.536(3)
Definitions of some common terms:
Winter 201010
When a student with a disability is referred for disciplinary action, the school must follow a specific process. The “Step by Step Guide to Suspen-sion/ Expulsion” on page 8 describes the process requirements when a student is at risk for suspension or expulsion.
Because the student’s behavior violated the school’s code of conduct, the level of impact the student’s disability had on this behavior must be determined. This is known as the manifestation determi-nation. Relevant members of the educational team meet and discuss the behavior to determine whether it was a result of the child’s dis-ability and put together a plan for the student, includ-ing the most appropriate placement. Despite some-times being called a manifes-tation “hearing,” the manifesta-tion determination is an informal process and does not involve a hearing officer.
Two questions must be answered in the manifestation determination process:
1. Was the child’s behavior caused by, or did it have a “direct and substan-tial relationship to” the child’s dis-ability?
OR2. Was the behavior the direct result
of a failure on the part of the school, district, or AEA to implement the student’s IEP?
An example of a behavior that has a “direct and substantial” relationship to a student’s disability could be a disruption during class involving a student who has Tourette’s syndrome. A student who has physical tics related to his disability may
accidentally hit the student next to him as a result of his Tourette’s. While it is against school policy for students to hit one another, this occurrence is directly related to the child’s disability and may be determined to be a manifestation of his disability.
The other factor in determining mani-festation is whether the child’s IEP
has been followed appropriately. If the IEP was not followed, the
team should ask if the failure to follow the IEP was the reason for the behavior. For example, a student with Oppositional Defiance Dis-order (ODD) has an accom-modation in his IEP that states he will go to the
library to cool down when he feels he is on the verge of a
meltdown. The student dis-agrees with his teacher about
an assignment and feels himself getting angry. He asks to go to
the library to cool down, but the request is refused. The student has a
meltdown and kicks a desk, violating the student code of conduct. As a result of the IEP not being followed, the student displayed the exact behavior the accom-modation was written to prevent. In this instance, the team may determine that the behavior was a manifestation of the student’s disability.
ManiFestation DeterMination: the ConsiDeration oF Disabilityby Amanda Harris, Administrative Assistant & Paralegal
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continued on page 12
www.askresOurCe.Org
The ask resource Center website is full of useful information.
Check it out!PTI Press Newsletter
Helpful Publications
Links to Other
Organizations and
Web Resources
ASK History and MIssion Calendar of Events
Winter 2010 11
1. Students with IEPs cannot be suspended more than 10 days in any school year.
2. Any time a student with an IEP is suspended more than 10 consecutive days in a school year, it must be considered a change of placement and requires a manifestation determination.
3. The eleventh day of a student’s suspension must always be considered “a pattern” of suspension.
4. Students with IEPs are entitled to an evaluation every three years, but not more often than that.
5. Parents need to wait a year before requesting an IEP meeting to make changes.
6. The best time to call an IEP meeting is when it looks like your student’s educational plan is not meeting his or her needs.
7. The new rules on Seclusion and Restraint apply only to students in public schools.
8. It is illegal to hold a student face down on the floor except under extraordinary circumstances.
9. Seclusion and restraint are tools that should often be used for teaching good behaviors to unruly students.
10. My child’s school must only document use of seclusion or restraint after it becomes a pattern.
11. The building administrator must approve of a student’s seclusion if it lasts more than 60 minutes, or a class period (whichever is less).
12. According to Chapter 103, whenever a student is told to stand by himself in the corner of a room, he is being confined and detained.
13. Seclusion and restraint can be used only when there is a threat of immediate physical danger to anyone.
14. In-school suspension is always counted as an instance of physical confinement and detention under the new Chapter 103 rules.
behaVior true/False
Answers:1. F 2. T 3. F 4. F 5. F 6. T 7. F 8. T 9. F 10. F 11. T 12. F 13. T 14. F
PTI Trainings Include:Individuals with Disabilities Education Act (IDEA): Rights and Responsibilities for Parents
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Is Your Child a Target of Bullying?
No Child Left Behind and Children with Disabilities
Disproportionality in Special Education
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Johnston, IA 50131
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Parent participation is very important, which is why the school is required to invite you to attend. It is your responsibility as a parent to be prepared, ready to share any information you feel is important to determining whether or not the incident was related to the child’s disability. You may want to bring documents such as psychological reports, medical records, and other disability-related information.
If a parent disagrees with the decision reached in the mani-festation determination, he or she has the right to appeal the
decision using the procedural safeguards. If you have any ques-tions about manifestation determinations, contact the Parent Training and Information Center of Iowa at ASK Resource Center.
1 (515) 243-1713or
1(800) 450-8667
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