Download - West Virginia Department of Education 1 Introducing ……. Policy 2419: Regulations for the Education of Students with Exceptionalities.

West Virginia Department of EduWest Virginia Department of Educationcation

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Introducing …….Introducing …….Policy 2419: Policy 2419: Regulations for the Regulations for the Education of Students Education of Students with Exceptionalitieswith Exceptionalities


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Session IIISession IIIChapter 7Chapter 7DisciplineDiscipline

Presented by…Presented by…Rosemary CookRosemary CookCompliance CoordinatorCompliance CoordinatorOffice of Assessment and AccountabilityOffice of Assessment and Accountability


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Policy 2419 Policy 2419

Session VChapters

8-11

Session IVChapter 6

Administration Of Services

Session IIIChapter 7Discipline

Session IIChapter 4

RTI

Session IChapters

1-5

Policy 2419


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Introducing….Introducing….Policy 2419: Regulations for Policy 2419: Regulations for the Education of Students the Education of Students with Exceptionalitieswith Exceptionalities

http://wvde.state.wv.us/intro2419/http://wvde.state.wv.us/intro2419/


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Office of Special Programs, Office of Special Programs, Extended and Early Extended and Early LearningLearning

http://wvde.state.wv.us/ose/http://wvde.state.wv.us/ose/


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Training ComponentsTraining Components

Presentation Presentation Supplementary materialsSupplementary materials Participant notesParticipant notes Policy 2419 (final document or billPolicy 2419 (final document or bill analysis version)analysis version) Participant questions and WVDE Participant questions and WVDE

responses responses Training CalendarTraining Calendar Policy 2419 Training SynopsisPolicy 2419 Training Synopsis


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Session IIII Map Session IIII Map

Chapter 7Discipline

-Understandingthe

Terms

-No Change in Placement

-Change in Placement-Special

Circumstances-Expedited Hearings

-Protections forStudents NotYet Eligible

-Reporting Crimes


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Advance OrganizerAdvance Organizer

Provide a working knowledge of discipline Provide a working knowledge of discipline requirements including any significant requirements including any significant revisions to the Policy since the final IDEA revisions to the Policy since the final IDEA regulations went into effect on October 13, regulations went into effect on October 13, 2006.2006.

Continue the dialogue with interested Continue the dialogue with interested stakeholders across the state regarding stakeholders across the state regarding implementation of the policy and gather implementation of the policy and gather information for additional technical information for additional technical assistance.assistance.


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Understanding the TermsUnderstanding the Terms

RemovalsRemovals – include all “removals” from – include all “removals” from the educational placement considered as a the educational placement considered as a disciplinary actiondisciplinary action

Change of PlacementChange of Placement Removals total > 10 consecutive school days Removals total > 10 consecutive school days

ororRemovals constitute a pattern Removals constitute a pattern


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Manifestation DeterminationManifestation Determination – process – process the IEP Team uses to decide if the the IEP Team uses to decide if the behavior subject to discipline is inherent behavior subject to discipline is inherent to the student’s disability.to the student’s disability.

Functional Behavior Assessment (FBA)Functional Behavior Assessment (FBA) – – a method of determining the purpose of a method of determining the purpose of the behavior(s) subject to disciplinary the behavior(s) subject to disciplinary action p. 147action p. 147


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Behavior Intervention Plan (BIP)Behavior Intervention Plan (BIP) – – developed using FBA information, developed using FBA information, includes methods for teaching includes methods for teaching replacement behaviors, strategies for replacement behaviors, strategies for meeting student needs appropriately, meeting student needs appropriately, environmental adaptations, etc. environmental adaptations, etc. p. 142p. 142


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Free Appropriate Public Education (FAPE)Free Appropriate Public Education (FAPE) – special – special education and related serviceseducation and related services Provided at public expenseProvided at public expense Meets WVDE standards & Policy 2419 requirementsMeets WVDE standards & Policy 2419 requirements Includes preschool through high schoolIncludes preschool through high school Provided in conformity with the Individualized Provided in conformity with the Individualized

Education Program (IEP)Education Program (IEP) Encompasses services necessary to enable the Encompasses services necessary to enable the

student to continue to participate in the general student to continue to participate in the general curriculum and to progress toward meeting the curriculum and to progress toward meeting the goals set out in the student’s IEP p. 147goals set out in the student’s IEP p. 147


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““FAPE-free Zone”FAPE-free Zone”No Special Procedures Apply No Special Procedures Apply p. 86p. 86

During During initial teninitial ten day removal for violation day removal for violation of school’s code of conduct:of school’s code of conduct:Same disciplinary actions as a general Same disciplinary actions as a general

education student education studentNo educational services providedNo educational services providedNo functional behavioral assessment No functional behavioral assessment

requiredrequiredNo manifestation determination required No manifestation determination required


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Disciplinary Change of Disciplinary Change of Placement Placement p. 85p. 85

Definition:Definition: Removal for more than 10 consecutive days, Removal for more than 10 consecutive days,

oror

Series of removals that constitute a pattern, Series of removals that constitute a pattern, that is:that is:Beyond ten cumulative days in a school year,Beyond ten cumulative days in a school year,Student’s behavior is similar to other removal Student’s behavior is similar to other removal

behaviors, andbehaviors, andPresence of other factors such as length of removals, Presence of other factors such as length of removals,

total time removed and proximity of removals to one total time removed and proximity of removals to one another.another.


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In School Suspensions In School Suspensions p. 85p. 85

Portions of a school day that a student Portions of a school day that a student has been suspended may be considered has been suspended may be considered as a removal in regard to determining as a removal in regard to determining whether there is a pattern of removals.whether there is a pattern of removals.


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In School Suspensions In School Suspensions p. 85p. 85

Not considered part of the days of Not considered part of the days of suspension as long as student is afforded:suspension as long as student is afforded: the opportunity to continue to appropriately the opportunity to continue to appropriately

participate in the general curriculum, participate in the general curriculum, continue to receive services specified on the continue to receive services specified on the

student’s IEP and student’s IEP and continue to participate with non-disabled continue to participate with non-disabled

students to the extent they would have in their students to the extent they would have in their current placement.current placement.


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Bus Suspensions Bus Suspensions p. 85-86p. 85-86

Counts as a day of removal if Counts as a day of removal if transportation is part of a student’s IEP transportation is part of a student’s IEP unlessunless district provides alternate mode of district provides alternate mode of transportation.transportation.

If not part of IEP, parents have obligation If not part of IEP, parents have obligation to transport student to school.to transport student to school.

IEP Team may need to address bus IEP Team may need to address bus behaviors in IEP or BIP.behaviors in IEP or BIP.


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District Actions When Removals Are District Actions When Removals Are NotNot A A Change in Placement Change in Placement p. 86p. 86

Subsequent removals of 10 days or less Subsequent removals of 10 days or less require:require:

Extent of services determined by school Extent of services determined by school personnel in consultation with at least one of personnel in consultation with at least one of the student’s teachersthe student’s teachers

Must enable student to participate in general Must enable student to participate in general curriculum and make progress toward meeting curriculum and make progress toward meeting IEP goalsIEP goals


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Best PracticeBest Practice

Although no longer required, consider: Although no longer required, consider:

FBA, as appropriateFBA, as appropriate Behavioral goals or BIPBehavioral goals or BIP

To improve attendance andTo improve attendance andachievementachievement


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District Actions When District Actions When ConsideringConsidering a a Disciplinary Change of PlacementDisciplinary Change of Placement

p. 86p. 86

Provide same day written notice of removal Provide same day written notice of removal (PWN) and procedural safeguards notice(PWN) and procedural safeguards notice

Within 10 days of decision to change Within 10 days of decision to change placement, meet with parents and relevant placement, meet with parents and relevant members of IEP Team to conduct a members of IEP Team to conduct a manifestation determinationmanifestation determination


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District Actions…District Actions…

If If notnot a manifestation: p. 87 a manifestation: p. 87 Determine appropriate disciplinary action, may Determine appropriate disciplinary action, may

include those procedures applicable to a include those procedures applicable to a student without disabilitiesstudent without disabilities

Convene IEP Team to develop IEP that specifies Convene IEP Team to develop IEP that specifies services to enable student to:services to enable student to:Participate in general curriculumParticipate in general curriculumMake progress on IEP goalsMake progress on IEP goals

As appropriate, provide FBA and behavior As appropriate, provide FBA and behavior intervention services designed to address intervention services designed to address behavior violation so that it does not recurbehavior violation so that it does not recur


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District Actions…District Actions…

If a manifestation: p. 87If a manifestation: p. 87

The IEP Team shall:The IEP Team shall:conduct a FBA and develop a BIP if one has conduct a FBA and develop a BIP if one has

not been completed ornot been completed orreview existing BIP and revise, as needed, review existing BIP and revise, as needed,

andandReturn the student to placement from Return the student to placement from

which the student was removed.which the student was removed.IEP Team may change placement as part of IEP Team may change placement as part of

BIP.BIP.


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Special Circumstances – Special Circumstances – regardlessregardless of of manifestation determination p. 87manifestation determination p. 87

When a behavior violation When a behavior violation involves weapons, illegal drugs involves weapons, illegal drugs or serious bodily injury, the or serious bodily injury, the district may unilaterally remove district may unilaterally remove student to a 45 day Interim student to a 45 day Interim Alternative Education Setting Alternative Education Setting (IAES)(IAES)


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Policy 2419 refers to the federal Policy 2419 refers to the federal definitions for these special definitions for these special

circumstances: circumstances: p. 88p. 88

Carries or possesses a Carries or possesses a weaponweapon at at school or a school function; orschool or a school function; or

Knowingly possesses, carries, or uses Knowingly possesses, carries, or uses illegal drugsillegal drugs or sells or solicits the sale of or sells or solicits the sale of a a controlled substancecontrolled substance while at school or while at school or a school function; ora school function; or

Inflicts Inflicts serious bodily harmserious bodily harm


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Serious Bodily Harm Defined Serious Bodily Harm Defined p.158p.158

a bodily injury that involves:a bodily injury that involves:

(1) A substantial risk of death; (1) A substantial risk of death; (2) Extreme physical pain; or(2) Extreme physical pain; or(3)(3) Protracted and obvious disfigurement; or Protracted and obvious disfigurement; or

protracted loss or impairment of the protracted loss or impairment of the function of the bodily member, organ, or function of the bodily member, organ, or mental faculty to another person at school, mental faculty to another person at school, on school premises, or at a school on school premises, or at a school function.function.


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FAPE Requirements in an IAESFAPE Requirements in an IAESpp. 88-89pp. 88-89

IEP Team must create/select an IAES IEP Team must create/select an IAES that enables the student to:that enables the student to:Continue to participate in the general Continue to participate in the general

education curriculum; andeducation curriculum; andProgress toward meeting the goals set Progress toward meeting the goals set

out in his or her IEP; andout in his or her IEP; andReceive, as appropriate, an FBA and Receive, as appropriate, an FBA and

behavioral intervention services to behavioral intervention services to address the behavior violation so that address the behavior violation so that it does not recur.it does not recur.


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Services During Change of Services During Change of Placement Removal(s)Placement Removal(s)

For all change of placement For all change of placement removals,removals,

the IEP Team determines FAPE.the IEP Team determines FAPE.


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Expedited Hearing Expedited Hearing p. 89p. 89

Within 20 days; 10 days to provide Within 20 days; 10 days to provide decisiondecision

Requested by parent when in Requested by parent when in disagreement with manifestation disagreement with manifestation determination, disciplinary change of determination, disciplinary change of placement or district placement in IAESplacement or district placement in IAES


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Expedited Hearing Expedited Hearing p. 89p. 89

Requested by district:Requested by district:

When special circumstances exist,When special circumstances exist,When When maintaining the current maintaining the current

placement is substantially likely to placement is substantially likely to result in injury to the student or to result in injury to the student or to others, andothers, and

If student remains dangerous, toIf student remains dangerous, to allow allow an additional IAES placement for not an additional IAES placement for not more than 45 daysmore than 45 days


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Protections for Students Not Protections for Students Not Yet Eligible Yet Eligible p. 90p. 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

eligibleeligibleParent expressed concern in writingParent expressed concern in writingParents requested an evaluationParents requested an evaluationTeacher or other personnel expressed Teacher or other personnel expressed

concern concern


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Exception to Protections for Exception to Protections for Students Not Yet Eligible Students Not Yet Eligible

pp. 90-91pp. 90-91

Student is not eligible for protection if:Student is not eligible for protection if:Eligibility Committee determines that Eligibility Committee determines that

the student did not have a disability;the student did not have a disability;The parent/adult student does not give The parent/adult student does not give

written consent for an evaluation; and written consent for an evaluation; and The parent/adult student refuses The parent/adult student refuses

special education services. special education services.


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Parent/Adult Student Request for Parent/Adult Student Request for Evaluation of a Disciplined StudentEvaluation of a Disciplined Student

p. 89p. 89

Conduct evaluation in an expedited mannerConduct evaluation in an expedited mannerStudent remains in placement determined by Student remains in placement determined by

districtdistrict

If determined If determined eligibleeligible::Convene IEP Team meeting and develop IEPConvene IEP Team meeting and develop IEPConduct a manifestation determinationConduct a manifestation determination If behavior had direct and substantial relationship to If behavior had direct and substantial relationship to

disability, set aside disciplinary action and provide disability, set aside disciplinary action and provide FAPE in the LRE. (implement IEP)FAPE in the LRE. (implement IEP)


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Parent/Adult Student Request for Parent/Adult Student Request for Evaluation of a Disciplined StudentEvaluation of a Disciplined Student

ppp. 89-90p. 89-90

If eligible but behavior is not determined a If eligible but behavior is not determined a manifestation, student is subject to manifestation, student is subject to disciplinary action but must receive FAPE disciplinary action but must receive FAPE for removals beyond 10 cumulative daysfor removals beyond 10 cumulative days

If not eligible, apply the same disciplinary If not eligible, apply the same disciplinary actions as applied to all other nondisabled actions as applied to all other nondisabled students who engage in comparable students who engage in comparable behaviors behaviors


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Reporting Crimes Reporting Crimes p. 91p. 91

Nothing in IDEA 2004 shall be construed to Nothing in IDEA 2004 shall be construed to prohibit a school from reporting a crime prohibit a school from reporting a crime committed by an eligible student.committed by an eligible student.

District reporting a crime shall ensure that District reporting a crime shall ensure that copies of the special education and copies of the special education and discipline records of the eligible student are discipline records of the eligible student are transmitted to the appropriate authorities.transmitted to the appropriate authorities.


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ClosingClosing

QuestionsQuestions

Responses to questions submitted Responses to questions submitted will be posted within three business will be posted within three business days on the Introducing…Policy 2419 days on the Introducing…Policy 2419 and the OSP websitesand the OSP websites

Evaluation Evaluation