1. the information you are about to hear derives from the individuals with disabilities education...
TRANSCRIPT
![Page 1: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/1.jpg)
Applying Appropriate
Discipline Practices
1
![Page 2: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/2.jpg)
The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations for the Education of Students with Exceptionalities and is not necessarily the sole philosophy of the presenter.
(Please don’t shoot the messenger!!)
Disclaimer
2
![Page 3: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/3.jpg)
Say A Prayer?
3
![Page 4: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/4.jpg)
The use of a school wide positive behavior support program (SWPBS) may greatly reduce the need for the following information.
For more information regarding SWPBS please contact:
Dr. Frances ClarkWest Virginia Department of Education
304-558-2696 [email protected]
Foreword
4
![Page 5: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/5.jpg)
Participants will:
Identify the role of disciplinary requirements in relation to accountability for student results
Apply knowledge of disciplinary language and requirements
Identify various types of removals and their
procedural requirements
Session Objectives
5
![Page 6: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/6.jpg)
Improved attendance ratesDecreased suspensions
Increased participation in assessments
Improved performance on assessments
Increased graduation rates Decreased drop out rates
Benefits to Appropriate Practices
6
![Page 7: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/7.jpg)
Making Sense Out Of The Language Of Discipline
7
Manifestatio
n
Determinatio
nFAPE
IDEA 2004 &
POLICY 2419FBA
Removals
![Page 8: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/8.jpg)
Briefly, complete the matching vocabulary exercise handout.
8
“Check Prior Knowledge!”
![Page 9: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/9.jpg)
a. Procedural Safeguards d. FAPEb. Behavior Intervention Plan (BIP) e. Functional Behavior Assessment
(FBA)c. Manifestation Determination f. Removals g. Disciplinary Change of Placement
____1. a decision about relationship between disability and behavior_____2. series of removals that is a pattern based on factors such as length
and proximity _____3. includes special education and related services provided at public
expense_____4. method of determining purpose of behavior_____5. designed to include environmental adaptations, staff responses and methods of teaching replacement behaviors_____6. provides parents and adult students with their rights regarding the special education process_____7. includes suspensions, expulsions, or other instances in which student is sent home because of disciplinary purposes.
9
![Page 10: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/10.jpg)
Removals – any time a student is taken from the educational placement as a disciplinary action
Change of Placement ◦Removal of more than 10 consecutive days; or
◦Removals that constitute a pattern > 10 cumulative school days Similarity of removal behaviors and Length, total time and proximity of removals
10
Understanding the Terms
![Page 11: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/11.jpg)
Manifestation Determination Review (MDR)– a process the IEP team uses to decide if the behavior subject to discipline is inherent to the student’s disability.
Functional Behavior Assessment (FBA) – a method of determining the purpose of the behavior(s) subject to disciplinary action
Behavior Intervention Plan (BIP) – developed using FBA information, includes methods for teaching replacement behaviors, strategies for meeting student needs appropriately, environmental adaptations, etc.
11
Understanding the Terms
![Page 12: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/12.jpg)
Free Appropriate Public Education (FAPE) – special education and related services
Provided at public expense Meets WVDE standards & Policy 2419 requirements Includes preschool through high school Provided in conformity with the Individual Education Plan
(IEP) Encompasses services necessary for the student
Procedural Safeguards - a document that informs parents/adult students of their rights regarding the special education process
12
Understanding the Terms
![Page 13: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/13.jpg)
http://wvde.state.wv.us/specialeducationcompliance/resources.html
13
![Page 14: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/14.jpg)
Apply discipline as with all students.
No special procedures apply.
14
<11 Days of Removal
![Page 15: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/15.jpg)
Decision Number 1:
Does this removal constitute a change of placement for the student?
11+ Days of Removal
15
![Page 16: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/16.jpg)
2 criteria to consider
Removal for >10 consecutive days
OR
Removals constitute a pattern
Change of Placement?
16
![Page 17: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/17.jpg)
the student’s cumulative removals are >10 school days, and
there is similarity of removal behaviors to previous behaviors, and
length, total time and proximity of removals have been considered.
A Pattern Exists When:
17
![Page 18: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/18.jpg)
With a partner, consider the data and answer only questions 1,2 and 3.
Activity 1
18
![Page 19: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/19.jpg)
Apply discipline as with all students Consultation required Consider completing FBA Consider interventions
Not a Change of Placement
19
![Page 20: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/20.jpg)
Notice of suspension (PWN) Procedural Safeguards Schedule IEP team meeting
Change of Placement
20
![Page 21: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/21.jpg)
Decision Number 2:
Is the student’s conduct a manifestation of the student’s disability?
21
![Page 22: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/22.jpg)
Direct, substantial relationship, OR
Failure to implement IEP
Manifestation of Disability?
22
![Page 23: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/23.jpg)
IEP team determines need for FBA/BIP
IEP team determines services/setting
Apply discipline as with all students
Not a Manifestation
23
![Page 24: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/24.jpg)
Conduct FBA, if none previous
Develop or review and revise BIP
Determine educational services
Return student to prior placement, unless other agreement
A Manifestation of Disability
24
![Page 25: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/25.jpg)
Refer to hand out number 3 once again and with your neighbor answer questions 4 and 5.
Activity 2
25
![Page 26: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/26.jpg)
‣Weapons‣Drugs‣Serious Bodily Injury
Discipline Procedures Addressed in: WV School Code §18A-5-1a IDEA 2004 Policy 2419
Special Circumstances
26
![Page 27: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/27.jpg)
Carries or possesses a weapon Knowingly possesses, carries, or uses illegal
drugs or sells or solicits the sale of a controlled substance
Inflicts serious bodily harm involving: A substantial risk of death Extreme physical pain Protracted and obvious disfigurement or
loss/impairment of function of bodily member, organ or mental faculty to another person
Federal Definitions
27
![Page 28: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/28.jpg)
Filing of a due process complaint
Parent -- disagreement with placement or manifestation determination
District -- concern over potential injury if student maintains current placement
Expedited Hearing
Right to Appeal
28
![Page 29: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/29.jpg)
Request for Evaluation of Disciplined Student
Protection for Students Not Yet Eligible
Involvement with Law Enforcement
Transfer of Discipline Records
Other Considerations
29
![Page 30: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/30.jpg)
Request for Evaluation of Disciplined Student
Stay put Expedited evaluation Determine eligibility Apply appropriate procedures
Other Considerations (Cont.)
30
![Page 31: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/31.jpg)
Protection for Students Not Yet Eligible
Basis of knowledge No basis of knowledge
Other Considerations (Cont.)
31
![Page 32: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/32.jpg)
Involvement with Law Enforcement
May report crimes by students Must report students with firearms Provide discipline & special education records as permitted by regulations
Other Considerations (Cont.)
32
![Page 33: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/33.jpg)
Transfer of Discipline Records
WV Code §18A-5-1a
Other Considerations (Cont.)
33
![Page 34: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/34.jpg)
You can always:
Start a PBS program at your school OR
Call Officer Mike!
Too Much to Remember?
34
![Page 36: 1. The information you are about to hear derives from the Individuals with Disabilities Education Improvement Act (IDEA 2004) and Policy 2419: Regulations](https://reader035.vdocument.in/reader035/viewer/2022070307/551a8253550346761a8b511a/html5/thumbnails/36.jpg)
Type of Removal Type of Services Services Determined By:
1. <11 cumulative days
Same as for all students
None Required
2. >11 cumulative days (no change of
placement)FAPE
School personnel in consultation with
teacher
3. Disciplinary change of placement
Participation in GEEProgress toward IEP goalsFBA & BIP
IEP Team
4. Interim Alternative Educational
Setting (IAES)
Same as #3 above IEP Team
Services during Disciplinary Removals
36