Required Services, Procedures, and Data

Presented by Scott Hall2009 Special Education Fall Conference

Suspension & Expulsion

Topics Covered

OAR’s related to discipline of special education students

OAR 581-015-2400 through OAR 581-015-2440

Discipline Incidents Collection

Student Learning & Partnerships

2

Four Main Subsets

Student Learning & Partnerships

3

Disciplinary Removals for up to 10 school days

Disciplinary Removals over 10 school days (no pattern)

Disciplinary Removals over 10 school days (pattern or consecutive)

Removals to Interim Alternative Educational Setting (IAES)

OAR 581-015-2400

Definitions Current education placement, described

in current IEP’s annual determination of placement

Disciplinary removal, suspension, expulsion, or removal from school for disciplinary reasons

Student Learning & Partnerships

4

OAR 581-015-2400 cont.

Disciplinary removals do not include: Removals by other agencies or public

health reasons In school suspensions if student has

access to general curriculum, IEP services, and participate with nondisabled peers

Bus suspensions unless a related serviceStudent Learning & Partnerships

5

OAR 581-015-2405

Disciplinary Removals for up to 10 school days

Not considered a change of placement Provide same services to special

education student as general education student (access to general curriculum and special education services)

Student Learning & Partnerships

6

OAR 581-015-2405 cont.

Behavior Manifestation not required

Student transfers from out of state (suspension days not counted)

Student transfers within state (suspension days counted if known)

Student Learning & Partnerships

7

OAR 581-015-2410

Disciplinary Removals over 10 school days (no pattern)

Not considered a change in placement Schools (identified team) determine on

case by case basis if pattern: A. Behavior is similar to previous incidents

resulting in removal

B. Length, total time, proximity Student Learning & Partnerships

8

OAR 581-015-2410 cont.

Services required; general curriculum, and meeting IEP goals

School with student’s teacher(s) determine services, location, delivery

Manifestation determination not required

Student Learning & Partnerships

9

OAR 581-015-2415

Disciplinary Removals over 10 school days (consecutive or pattern)

Is considered a change in placement

Manifestation determination required (within 10 school days of decision)

Student Learning & Partnerships

10

OAR 581-015-2415 cont.

If behavior is an manifestation:o Return student to placement

o Conduct functional behavior assessment (FBA)

o Develop or modify behavioral plan to address behavior

Student Learning & Partnerships

11

OAR 581-015-2415 cont

If behavior is not an manifestation:o Student is discipline same as general

education students

o Same day decision to change placement notify parents and provide procedural safeguards

Student Learning & Partnerships

12

OAR 581-015-2415 cont

Provide services to student, IEP team determines services, location, delivery

If appropriate, conduct FBA (not required)

Student Learning & Partnerships

13

OAR 581-015-2420

Manifestation Determinations (MD) Team: district, parent, IEP team members

(determined by parent and district) Review: student’s file, IEP, teacher

observation, information from parent Determine:

A. Conduct was caused by or direct relationship to disability OR….

Student Learning & Partnerships

14

OAR 581-015-2420 cont.

B. Conduct result of district failure to implement IEP

If A or B apply then conduct is manifestation of student’s disability

If B district required to take immediate steps to remedy deficiencies (implement full IEP)

Student Learning & Partnerships

15

OAR 581-015-2425

Removal to Interim Alternative Educational Setting (IAES)

Special circumstances: Weapons, Drugs, Serious Bodily Injury (SBI)

Removal for same time as general education student or up to 45 school days

Is considered a change in placement

Student Learning & Partnerships

16

OAR 581-015-2425 cont.

Manifestation determination required (within 10 school days of decision)

IAES can continue without regard to MD MD outcome will impact plan when IAES ends

and if FBA is required Same day decision to change placement notify

parents and provide procedural safeguards Provide services to student, IEP team

determines services, location, delivery

Student Learning & Partnerships

17

Options

Change of placements (Over 10 day removals) behavior is manifestation student to return to placement (OAR 581-015-2415)

IEP team (parent and district) agree to change of placement

Special circumstances (W, D, SBI) IAES for up to 45 school days

Student Learning & Partnerships

18

Options cont.

Administrative Law Judge (ADJ) up to 45 school days (OAR 581-015-2430)

ADJ removal to IAES Injurious Behavior Injurious Behavior likely to result in injury

to self or others Procedures can be repeated by district if

needed

Student Learning & Partnerships

19

Options cont.

Parent request Due Process hearing over Manifestation Determination, removal, placement due to disciplinary removal (OAR 581-015-2425)

Student remains in IAES placement setting pending outcome of due process hearing

Student Learning & Partnerships

20

Options cont.

Protections of students not yet identified (OAR 581-015-2440)

Student’s entitled to IDEA protections if district “had knowledge” of possible disability (Child find) before the behavior of discipline action

Student Learning & Partnerships

21

Options cont.

If an evaluation is requested it must be conducted in expedited manner

Student remains in education placement determined by district

Placement can include expulsion, suspension, etc.

Student Learning & Partnerships

22

Questions?

Student Learning & Partnerships

23

Discipline Incidents Data Collection

Schools report disciplinary incidents to Oregon Department of Education

Discipline Incidents collection May 1st through June 30th

Final Verification Process

Student Learning & Partnerships

24

Collection documents on district web page https://district.ode.state.or.us/

Instruction manual, file layout, V-tel presentation

Discipline Incidents Data Collection

Student Learning & Partnerships

25

File Layout

Student Level Collection

Row 38 Special Education Flag

Row 53 SECC Students Primary Disability

Row 54 Discipline Action Date

Student Learning & Partnerships

26

File Layout

Row 55 Discipline Action Type Code

Row 63 Discipline Modifier Code

Row 64 Discipline Days

Row 65 Interim Educational Services Flag

Student Learning & Partnerships

27

Special Education

Q: Why is it important for Special Education staff to be knowledgeable of the Discipline Incidents collection?

Student Learning & Partnerships

28

Special Education

Student Learning & Partnerships

29

A: Annual Performance Report (APR) Indicator B4: Rates of suspension and

expulsion Oregon’s definition of significant

discrepancy Weighted risk ration >2.0 IDEA students

and >3 IDEA-eligible students with greater than

10 days suspension/expulsion.

Questions?

Student Learning & Partnerships

30

Scott Hall, Education Specialist Oregon Department of Education

Monitoring, Systems and Outcomes503.947.5628

scott.hall@state.or.us

Title IV-A Safe & Drug-Free School and Communities