Key Issues in Key Issues in DisciplineDiscipline

The 2004 Amendments to The 2004 Amendments to IDEAIDEA

Produced by NICHCY, 2007

This module looks atThis module looks at......• Overview of discipline

provisions in 2004 Amendments to IDEA

• What’s retained, what’s expanded, what’s new

• Case studies

Produced by NICHCY, 2007

OOverview of IDEA’s Discipline verview of IDEA’s Discipline ProvisionsProvisions

• Authority of school personnel

• Manifestation determination

• Services provisions

• Interim alternative educational setting (IAES)

• Appeals

• Child’s placement during appeals

• Protections for children not determined eligible for special education and related services

• Change of placement because of disciplinary removals

• Additional aspects

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AAuthority of School Personneluthority of School PersonnelChild violates a code of student conduct

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AAuthority of School Personneluthority of School PersonnelWhat happens if the child violates a code of student conduct again?

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AAuthority of School Personneluthority of School Personnel

And on the 11th day…

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DDefining “Change of Placement”efining “Change of Placement”

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PParent Notification Requirements: arent Notification Requirements: §300.530(h)§300.530(h)

On the Date on which the decision is made

to make a removal that constitutes a change of placement of a child with a disability because of a violation of

a code of student conduct…

The LEA must: • notify the parents of that

decision, and • provide the parents the

procedural safeguards noticeProduced by NICHCY, 2007

AAuthority of School Personneluthority of School Personnel

Case-by-Case

New Authority in IDEA

School personnel may consider any unique circumstances on a case-by-case basis in determining whether a change of placement is appropriate for a child with a disability

§300.530(a)

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AAuthority of School Personneluthority of School Personnel

Special Circumstances

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MManifestation Determinationanifestation Determination

New Standards in IDEA

MManifestation Determinationanifestation Determination

If Yes----

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MManifestation Determinationanifestation Determination

If No–– (Determination is that behavior is not a manifestation)

Child is disciplined in the same manner and for the same length of time* as a child without disabilities would be disciplined except that services provisions apply

* Child continues to receive services as described in 300.530(d)

Produced by NICHCY, 2007

Produced by NICHCY, 2007

WWhenhen Services Are Required Under Services Are Required Under §300.530(d)§300.530(d)

How is the services determination

made?

Where will the child

receive those services?

Who decides?Produced by NICHCY, 2007

AAppealsppeals

Requesting an appeal…

No, not that kind of peel!

Yes, that kind!

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AAppeals: Authority of Hearing Officerppeals: Authority of Hearing Officer

Hearing officer makes

determination on the appeal on an expedited basis

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CChild’s Placement During Appealshild’s Placement During Appeals

Here—Or there?

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Basis Basis of Knowledgeof Knowledge

PProtections rotections at §300.534at §300.534

&&

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FFinal Aspectinal Aspect

Reporting crimes committed by children with disabilities

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PPutting It All Togetherutting It All TogetherEdward.

LLiz.

Charlie.

Produced by NICHCY, 2007

Produced by NICHCY, 2007