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Discipline of Students with IEPs

Making Sense out of a Complex Topic

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Lots of Confusion

• Can I/Can’t I Suspend?

• For How Long?

• What about an MDR? Do I need one?

• What else do I need to do?

• What about In-School Suspensions?

• When do I need to do a FBA?

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What the heck do I do now?

MDR?

10 Days?

FBA?

BIP?

Pattern of

Removal?

Do I have to let

him return to

class?

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This document is available online at Michigan Department of Education website*.

It’s great information, but may need more explanation.

*http://www.michigan.gov/mde/0,1607,7-140-6530_6598_36168-226602--,00.html

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First, some terms you need to be aware of . . .

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Term

Change of Placement

1. Removal for more than 10 consecutive days, or

2. A series of removals that constitute a pattern.

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Term

Pattern of Removal

1. A series of totaling more than 10 days in a school year.

2. A recurrence of similar behaviors that result in discipline.

3. Additional factors such as length of removal, total time removed, and proximity of removals to each other.

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Removal happens when . . .

• A student is removed from instruction for disciplinary reasons.

• He/She doesn’t have the opportunity to participate in the general education curriculum.

• He/She doesn’t receive IEP services.

• He/She doesn’t participate with non-disabled student as in current placement.

Term

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Term

A Day of Removal is . . .

• Any portion or part of a day

• A full day

• Anytime you ask or convince the parent to take or keep the student home.

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What about Behavior Plans?

• Removal as part of a BIP that’s included in the IEP doesn’t count in total.

• Removal as part of a BIP that’s not included in the IEP does count in total.

• Our advice: Even with the info above, don’t include BIPs in IEPs.

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Other Issues

• District imposed conditions count as days of removal

• Parent removals do not count. Do not encourage parent removal!

• If a student misses school due to a transportation suspension it counts as a day of removal if special transportation is in IEP.

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In-School Suspension

• Staffed by a Teacher*

• Teacher must be with student(s)

• Participate in the general curriculum

• Opportunity for work on goals/objectives and IEP services provided

Term

*Check MDE’s Utilization of Noncertified Personnel in Elementary and Secondary Schools, March 2006

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Past Practice

• MDRs done at 10 +/- days of suspension

• No consideration of Pattern of Removal

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Time to rethink the process

• Consideration of a “Pattern of Removal” is foremost!

• Unnecessary MDRs can be avoided.

• MDRs do NOT need to be done prior to the 11th day of removal!

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Term

Change of Placement

1. Removal for more than 10 consecutive days, or

2. A series of removals that constitute a pattern.

Remember this slide???

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Key Point!

“The defining issue in discipline for a student with a disability is the concept of “change of placement because of disciplinary removals.”*

*Discipline Procedures, November 2009, MDE

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And the only time there’s a Change of Placement is when . . .

• The removal is for more than 10 consecutive days, or

• The student has been subjected to a series of removals that constitute a pattern.

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Let’s take the second one . . .

• This situation is the most typical.

• We’ll come back to the SERIOUS suspension of more than 10 consecutive days later.

• Here’s the basics:

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Considering a Pattern

There is a Pattern if:

• The student has been suspended more than 10 cumulative days in a school year.

• The behavior was substantially similar.

• Additional factors are considered such as length of each removal, total time removed, and the proximity of the removals.

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Who determines if there’s a pattern?

YOU!!! (And a Special Education Team member)

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Why consider a Pattern?

• To determine if there’s a Change of Placement.

• To avoid unnecessary Manifestation Determination Reviews.

• To be able to make school based decisions about providing a FAPE* rather than at an MDR.

*Free and Appropriate Public Education

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To consider a Pattern, you must . . .

• Involve a Special Education Team member

• Document the consideration

• Consider behavioral similarities

• Include in the consideration the additional factors: length, total time, and proximity

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This worksheet is available on the MDE website. We may consider making one unique to the MOISD or for each district.

Keep in mind, if you don’t document, it didn’t happen!

File the worksheet in the student’s file and another in the office.

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If there IS a Pattern . . .

• A Change of Placement has occurred

• Send Procedural Safeguards with your suspension letter on the date the decision was made to make a Change of Placement.

(11 or more cumulative days of suspension)

• A Change of Placement requires an MDR

• Hold the MDR within 10 school days of the decision to make a Change of Placement.

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And a FAPE* must be provided!

• When: On the 11th day of removal and beyond.

• What: Services to allow a) participation in general curriculum; b) progress on goals and objectives.

• Key: It must be individualized!!!

*Free and Appropriate Public Education

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Explain please!

• Initial FAPE could be provision of homework or assignments (Guidance is 1-3 days)

• Beyond that, provide teacher off-site or after school hours.

• Also, arrange for any ancillary services that are in IEP

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And, don’t forget . . .

• Document what was provided.

• Keep a copy in the student’s file and in the office.

• If the student doesn’t show up, keep documentation of offer to provide a FAPE

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What if there wasn’t a pattern?

• Provide a FAPE on the 11th day of removal and beyond.

• What: Services to allow a) participation in the general curriculum; b) progress on goals and objectives

• Arrange ancillary services

• Big difference: No MDR required!

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More serious behaviors

• A change of placement occurs if there’s suspension BEYOND 10 CONSECUTIVE DAYS.

• Provide a FAPE on the 11th day of the suspension.

• You must do an MDR . . . Don’t rush! Do it within 10 school days of the decision.

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Even MORE serious. . . (The BIG Three)

• Weapons- as defined by federal law

• Drugs-again, as defined in federal law

• Serious Bodily Injury-strict definition; *Substantial risk of death*Extreme physical pain*Disfigurement*Loss/Impairment of body member

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The Big Three . . .What to do?

Determine if district wants to invoke 45 school days IAES*. If yes . . .

• Provide Procedural Safeguards.

• Convene IEP to determine where/what IAES will be.

• Conduct MDR within 10 school days.

• Consider legal counsel.*Interim Alternative Educational Setting

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Bomb Threats?

• Not mentioned in federal regulations.

• Deal with as per district discipline procedures

• Provide a FAPE beginning on the 11th day

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Another issue: Prior Knowledge

• Tricky situation

• Parent concern in writing or parent request for evaluation prior to incident

• Verbal parent concern that can be corroborated

• Teacher/other personnel have expressed concern to administrator

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Prior Knowledge . . . Now what?

• If yes, initiate an evaluation.

• Either allow student to return, OR provide a FAPE on the 11th day of suspension until evaluation is completed.

• Refer to MDE Discipline Procedures document for more information.

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Scenarios

The MDE Discipline Procedures document provides several scenarios in a chart format like this example that may be helpful.

Contact the ISD for assistance in understanding these.

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So, relax, put your feet up and call if you need help!

Have a great day---hope this was helpful!