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West Virginia Department of Education 1 Introducing . Policy 2419: Regulations for the Education of Students with Exceptionalities Slide 2 West Virginia Department of Education 2 Session III Chapter 7 Discipline Presented by Rosemary Cook Compliance Coordinator Office of Assessment and Accountability Slide 3 West Virginia Department of Education 3 Policy 2419 Slide 4 West Virginia Department of Education 4 Introducing. Policy 2419: Regulations for the Education of Students with Exceptionalities http://wvde.state.wv.us/intro2419/ Slide 5 West Virginia Department of Education 5 Office of Special Programs, Extended and Early Learning http://wvde.state.wv.us/ose/ Slide 6 West Virginia Department of Education 6 Training Components Presentation Presentation Supplementary materials Supplementary materials Participant notes Participant notes Policy 2419 (final document or bill Policy 2419 (final document or bill analysis version) analysis version) Participant questions and WVDE responses Participant questions and WVDE responses Training Calendar Training Calendar Policy 2419 Training Synopsis Policy 2419 Training Synopsis Slide 7 West Virginia Department of Education 7 Session IIII Map Slide 8 West Virginia Department of Education 8 Advance Organizer Provide a working knowledge of discipline requirements including any significant revisions to the Policy since the final IDEA regulations went into effect on October 13, 2006. Provide a working knowledge of discipline requirements including any significant revisions to the Policy since the final IDEA regulations went into effect on October 13, 2006. Continue the dialogue with interested stakeholders across the state regarding implementation of the policy and gather information for additional technical assistance. Continue the dialogue with interested stakeholders across the state regarding implementation of the policy and gather information for additional technical assistance. Slide 9 West Virginia Department of Education 9 Understanding the Terms Removals include all removals from the educational placement considered as a disciplinary action Removals include all removals from the educational placement considered as a disciplinary action Change of Placement Change of Placement Removals total > 10 consecutive school days or Removals total > 10 consecutive school days or Removals constitute a pattern Removals constitute a pattern Slide 10 West Virginia Department of Education 10 Understanding the Terms Manifestation Determination process the IEP Team uses to decide if the behavior subject to discipline is inherent to the students disability. Manifestation Determination process the IEP Team uses to decide if the behavior subject to discipline is inherent to the students disability. Functional Behavior Assessment (FBA) a method of determining the purpose of the behavior(s) subject to disciplinary action p. 147 Functional Behavior Assessment (FBA) a method of determining the purpose of the behavior(s) subject to disciplinary action p. 147 Slide 11 West Virginia Department of Education 11 Understanding the Terms Behavior Intervention Plan (BIP) developed using FBA information, includes methods for teaching replacement behaviors, strategies for meeting student needs appropriately, environmental adaptations, etc. p. 142 Behavior Intervention Plan (BIP) developed using FBA information, includes methods for teaching replacement behaviors, strategies for meeting student needs appropriately, environmental adaptations, etc. p. 142 Slide 12 West Virginia Department of Education 12 Understanding the Terms Free Appropriate Public Education (FAPE) special education and related services Free Appropriate Public Education (FAPE) special education and related services Provided at public expense Provided at public expense Meets WVDE standards & Policy 2419 requirements Meets WVDE standards & Policy 2419 requirements Includes preschool through high school Includes preschool through high school Provided in conformity with the Individualized Education Program (IEP) Provided in conformity with the Individualized Education Program (IEP) Encompasses services necessary to enable the student to continue to participate in the general curriculum and to progress toward meeting the goals set out in the students IEP p. 147 Encompasses services necessary to enable the student to continue to participate in the general curriculum and to progress toward meeting the goals set out in the students IEP p. 147 Slide 13 West Virginia Department of Education 13 FAPE-free Zone No Special Procedures Apply p. 86 During initial ten day removal for violation of schools code of conduct: During initial ten day removal for violation of schools code of conduct: Same disciplinary actions as a general education student Same disciplinary actions as a general education student No educational services provided No educational services provided No functional behavioral assessment required No functional behavioral assessment required No manifestation determination required No manifestation determination required Slide 14 West Virginia Department of Education 14 Disciplinary Change of Placement p. 85 Definition: Removal for more than 10 consecutive days, or Removal for more than 10 consecutive days, or Series of removals that constitute a pattern, that is: Series of removals that constitute a pattern, that is: Beyond ten cumulative days in a school year, Beyond ten cumulative days in a school year, Students behavior is similar to other removal behaviors, and Students behavior is similar to other removal behaviors, and Presence of other factors such as length of removals, total time removed and proximity of removals to one another. Presence of other factors such as length of removals, total time removed and proximity of removals to one another. Slide 15 West Virginia Department of Education 15 In School Suspensions p. 85 Portions of a school day that a student has been suspended may be considered as a removal in regard to determining whether there is a pattern of removals. Portions of a school day that a student has been suspended may be considered as a removal in regard to determining whether there is a pattern of removals. Slide 16 West Virginia Department of Education 16 In School Suspensions p. 85 Not considered part of the days of suspension as long as student is afforded: Not considered part of the days of suspension as long as student is afforded: the opportunity to continue to appropriately participate in the general curriculum, the opportunity to continue to appropriately participate in the general curriculum, continue to receive services specified on the students IEP and continue to receive services specified on the students IEP and continue to participate with non-disabled students to the extent they would have in their current placement. continue to participate with non-disabled students to the extent they would have in their current placement. Slide 17 West Virginia Department of Education 17 Bus Suspensions p. 85-86 Counts as a day of removal if transportation is part of a students IEP unless district provides alternate mode of transportation. Counts as a day of removal if transportation is part of a students IEP unless district provides alternate mode of transportation. If not part of IEP, parents have obligation to transport student to school. If not part of IEP, parents have obligation to transport student to school. IEP Team may need to address bus behaviors in IEP or BIP. IEP Team may need to address bus behaviors in IEP or BIP. Slide 18 West Virginia Department of Education 18 District Actions When Removals Are Not A Change in Placement p. 86 Subsequent removals of 10 days or less require: Subsequent removals of 10 days or less require: Extent of services determined by school personnel in consultation with at least one of the students teachers Extent of services determined by school personnel in consultation with at least one of the students teachers Must enable student to participate in general curriculum and make progress toward meeting IEP goals Must enable student to participate in general curriculum and make progress toward meeting IEP goals Slide 19 West Virginia Department of Education 19 Best Practice Although no longer required, consider: Although no longer required, consider: FBA, as appropriate FBA, as appropriate Behavioral goals or BIP Behavioral goals or BIP To improve attendance and achievement Slide 20 West Virginia Department of Education 20 District Actions When Considering a Disciplinary Change of Placement p. 86 Provide same day written notice of removal (PWN) and procedural safeguards notice Provide same day written notice of removal (PWN) and procedural safeguards notice Within 10 days of decision to change placement, meet with parents and relevant members of IEP Team to conduct a manifestation determination Within 10 days of decision to change placement, meet with parents and relevant members of IEP Team to conduct a manifestation determination Slide 21 West Virginia Department of Education 21 District Actions If not a manifestation: p. 87 Determine appropriate disciplinary action, may include those procedures applicable to a student without disabilities Determine appropriate disciplinary action, may include those procedures applicable to a student without disabilities Convene IEP Team to develop IEP that specifies services to enable student to: Convene IEP Team to develop IEP that specifies services to enable student to: Participate in general curriculum Participate in general curriculum Make progress on IEP goals Make progress on IEP goals As appropriate, provide FBA and behavior intervention services designed to address behavior violation so that it does not recur As appropriate, provide FBA and behavior intervention services designed to address behavior violation so that it does not recur Slide 22 West Virginia Department of Education 22 District Actions If a manifestation: p. 87 The IEP Team shall: The IEP Team shall: conduct a FBA and develop a BIP if one has not been completed or conduct a FBA and develop a BIP if one has not been completed or review existing BIP and revise, as needed, and review existing BIP and revise, as needed, and Return the student to placement from which the student was removed. Return the student to placement from which the student was removed. IEP Team may change placement as part of BIP. IEP Team may change placement as part of BIP. Slide 23 West Virginia Department of Education 23 Special Circumstances regardless of manifestation determination p. 87 When a behavior violation involves weapons, illegal drugs or serious bodily injury, the district may unilaterally remove student to a 45 day Interim Alternative Education Setting (IAES) When a behavior violation involves weapons, illegal drugs or serious bodily injury, the district may unilaterally remove student to a 45 day Interim Alternative Education Setting (IAES) Slide 24 West Virginia Department of Education 24 Policy 2419 refers to the federal definitions for these special circumstances: p. 88 Carries or possesses a weapon at school or a school function; or Carries or possesses a weapon at school or a school function; or Knowingly possesses, carries, or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function; or Knowingly possesses, carries, or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function; or Inflicts serious bodily harm Inflicts serious bodily harm Slide 25 West Virginia Department of Education 25 Serious Bodily Harm Defined p.158 a bodily injury that involves: a bodily injury that involves: (1) A substantial risk of death; (2) Extreme physical pain; or (3) Protracted and obvious disfigurement; or protracted loss or impairment of the function of the bodily member, organ, or mental faculty to another person at school, on school premises, or at a school function. Slide 26 West Virginia Department of Education 26 FAPE Requirements in an IAES pp. 88-89 IEP Team must create/select an IAES that enables the student to: IEP Team must create/select an IAES that enables the student to: Continue to participate in the general education curriculum; and Continue to participate in the general education curriculum; and Progress toward meeting the goals set out in his or her IEP; and Progress toward meeting the goals set out in his or her IEP; and Receive, as appropriate, an FBA and behavioral intervention services to address the behavior violation so that it does not recur. Receive, as appropriate, an FBA and behavioral intervention services to address the behavior violation so that it does not recur. Slide 27 West Virginia Department of Education 27 Services During Change of Placement Removal(s) For all change of placement removals, the IEP Team determines FAPE. the IEP Team determines FAPE. Slide 28 West Virginia Department of Education 28 Expedited Hearing p. 89 Within 20 days; 10 days to provide decision Within 20 days; 10 days to provide decision Requested by parent when in disagreement with manifestation determination, disciplinary change of placement or district placement in IAES Requested by parent when in disagreement with manifestation determination, disciplinary change of placement or district placement in IAES Slide 29 West Virginia Department of Education 29 Expedited Hearing p. 89 Requested by district: Requested by district: When special circumstances exist, When special circumstances exist, When maintaining the current placement is substantially likely to result in injury to the student or to others, and When maintaining the current placement is substantially likely to result in injury to the student or to others, and If student remains dangerous, to allow an additional IAES placement for not more than 45 days If student remains dangerous, to allow an additional IAES placement for not more than 45 days Slide 30 West Virginia Department of Education 30 Protections for Students Not Yet Eligible p. 90 Student may seek protections of IDEA if: Student may seek protections of IDEA if: District had knowledge that a student was District had knowledge that a student was eligible eligible Parent expressed concern in writing Parent expressed concern in writing Parents requested an evaluation Parents requested an evaluation Teacher or other personnel expressed Teacher or other personnel expressed concern concern Slide 31 West Virginia Department of Education 31 Exception to Protections for Students Not Yet Eligible pp. 90-91 Student is not eligible for protection if: Student is not eligible for protection if: Eligibility Committee determines that the student did not have a disability; Eligibility Committee determines that the student did not have a disability; The parent/adult student does not give written consent for an evaluation; and The parent/adult student does not give written consent for an evaluation; and The parent/adult student refuses special education services. The parent/adult student refuses special education services. Slide 32 West Virginia Department of Education 32 Parent/Adult Student Request for Evaluation of a Disciplined Student p. 89 Conduct evaluation in an expedited manner Conduct evaluation in an expedited manner Student remains in placement determined by district Student remains in placement determined by district If determined eligible: If determined eligible: Convene IEP Team meeting and develop IEP Convene IEP Team meeting and develop IEP Conduct a manifestation determination Conduct a manifestation determination If behavior had direct and substantial relationship to disability, set aside disciplinary action and provide FAPE in the LRE. (implement IEP) If behavior had direct and substantial relationship to disability, set aside disciplinary action and provide FAPE in the LRE. (implement IEP) Slide 33 West Virginia Department of Education 33 Parent/Adult Student Request for Evaluation of a Disciplined Student p p. 89-90 If eligible but behavior is not determined a manifestation, student is subject to disciplinary action but must receive FAPE for removals beyond 10 cumulative days If eligible but behavior is not determined a manifestation, student is subject to disciplinary action but must receive FAPE for removals beyond 10 cumulative days If not eligible, apply the same disciplinary actions as applied to all other nondisabled students who engage in comparable behaviors If not eligible, apply the same disciplinary actions as applied to all other nondisabled students who engage in comparable behaviors Slide 34 West Virginia Department of Education 34 Reporting Crimes p. 91 Nothing in IDEA 2004 shall be construed to prohibit a school from reporting a crime committed by an eligible student. Nothing in IDEA 2004 shall be construed to prohibit a school from reporting a crime committed by an eligible student. District reporting a crime shall ensure that copies of the special education and discipline records of the eligible student are transmitted to the appropriate authorities. District reporting a crime shall ensure that copies of the special education and discipline records of the eligible student are transmitted to the appropriate authorities. Slide 35 West Virginia Department of Education 35 Closing Questions Questions Responses to questions submitted will be posted within three business days on the IntroducingPolicy 2419 and the OSP websites Responses to questions submitted will be posted within three business days on the IntroducingPolicy 2419 and the OSP websites Evaluation Evaluation