DISCIPLINE&

DUE PROCESS

2007 Changes to NYS’ Special Education Laws and Regulations

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Discipline

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Due Process Protections for ALL Students

Suspension 5 school days or less:

- written notice and phone call

- right to request an informal conference

Suspension in excess of 5 consecutive school days:

- written notice

- fair hearing with Superintendent

- alternative education

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Additional Protections for Students with Disabilities

(Suspended/Removed for more than 10 school days in a school year)

Procedural Safeguards Notice to parent FAPE (Free Appropriate Public Education) Manifestation Determination Functional Behavior Assessment / Behavior

Intervention Plan Expedited due process hearing Protections for students “presumed to have a

disability” including expedited evaluations

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Pattern of Removals

Series of suspensions or removals that cumulate to more than 10 school days in a school year and

Student’s behavior is substantially similar to student’s behavior in previous incidents that resulted in the series of removals

Additional factors (length, total time, proximity of suspensions to one another)

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Pattern of Removals (cont’d)

- Determination on a case-by-case basis

- Subject to due process challenge

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Functional Behavioral AssessmentsBehavioral Intervention Plans

Whenever there is a manifestation determination (behavior is related to the student’s disability), CSE must:

Conduct an FBA

Implement (or review and modify) a BIP).

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Determining Services and Setting

(Suspended/Removed for more than 10 school days in a school year)

No disciplinary change in placement – school personnel in consultation with the student’s teacher

Disciplinary change in placement – the CSE

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Expedited Impartial Hearings

No sufficiency challenge Resolution session within 7 days Resolution period ends at 15 days Impartial hearing within 20 school days of

date complaint filed IHO decision within 10 school days after

hearing No extensions

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DUE PROCESS

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Prior Written Notice

“Notice of recommendation”

Prior Written Notice must be on a form prescribed by the Commissioner, beginning on January 1, 2009

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Meeting Notices

Meeting notice must be on a form prescribed by the Commissioner, beginning January 1, 2009

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Procedural Safeguards Notice

To parent at least once a year, and upon initial referral or parental request for evaluation; first filing of a due process complaint notice to

request mediation or an impartial hearing; request by the parent; whenever there is a disciplinary change in

placement receipt of first State complaint in a school year

received from a parent;

vesid.nysed.gov/specialed/publications/policy/psgn807.pdf

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Mediation

Mediator: no personal or professional interest that conflicts with objectivity

Repeals that parent and district may be asked to sign a confidentiality pledge prior to mediation

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Due Process Complaint Notice(Sufficiency Challenge)

Impartial hearing officer (IHO) must be notified within 15 days of receipt of the complaint notice

No challenge during an expedited impartial hearing (discipline issues)

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Resolution Process

Steps to ensure parent participation

Failure of parent to participate School may request IHO dismiss parent

complaint at the conclusion of 30 days Parent may request IHO begin hearing if

district fails to convene meeting within 15 days of receipt of complaint

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Impartial Hearings

School district request for hearing Hearing commences within 14 days after IHO is

appointed

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Impartial Hearings (cont’d)

Parent request for hearing Hearing commences within 14 days after

Parties waive resolution meeting; or IHO notified resolution meeting held and no

agreement reached; or Expiration of 30 day period; unless

parties agree to continue mediation after 30 day resolution period, then hearing begins 14 days after either party withdraws from mediation.

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State Complaint Procedures

Information required in a complaint

Party filing complaint must forward a copy to the district at same time sent to SED

District must provide parent with copy of Procedural Safeguards Notice upon receipt of first State complaint in that school year.

Timeline to resolve complaint may be extended if parties agree to mediation

Alleged violation occurred within one year

Remedy may include compensatory services

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Pendency

Child transitioning from early intervention (EI) to preschool District not required to provide EI services If found eligible, district must provide those

services not in dispute between parent and district.

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Surrogate Parents

For unaccompanied homeless youth Appropriate staff of emergency shelters,

transitional shelters, independent living programs and street outreach programs may be appointed as temporary surrogate parents until another surrogate can be appointed

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Resources

http://www.vesid.nysed.gov/specialed/publications/policy/psgn807.pdf

http://www.regents.nysed.gov/2007Meetings/September2007/0907bra5.html

http://www.vesid.nysed.gov/specialed/publications/policy/discipcover.htm

http://www.vesid.nysed.gov/specialed/publications/policy/complaint.pdf