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 fclark@access.k12.wv.us

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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Contact Rosemary Cookrcook@access.k12.wv.us

304-558-7805

Questions?

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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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