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Sue Gamm, Esq., Public Consulting Group

Session 3: IDEA Disciplinary Procedures Due Process, Deemed Eligible, Referral to Law Enforcement, ADA/§504, Indicator 4. Sue Gamm, Esq., Public Consulting Group. Session 3. IDEA Due Process Hearings. Authority. Who Can Request.

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Sue Gamm, Esq., Public Consulting Group

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  1. Session 3: IDEA Disciplinary Procedures • Due Process, Deemed Eligible, Referral to Law Enforcement, ADA/§504, Indicator 4 Sue Gamm, Esq., Public Consulting Group

  2. Session 3

  3. IDEA Due Process Hearings • Authority • Who Can Request Parent who disagrees with placement change decision, manifestation determination, IAES Return to placement at time of misbehavior if removal noncompliant or behavior manifested by disability Order IAES < 45 school days if behavior substantially likely to result in injury; can repeat request LEA when believes maintaining placement is substantially likely to result in injury to student &/or others

  4. Parent wrote to sup/admin or teacher re: concerns about child’s possible sped/RS needs DEEMED ELIGIBLE Teacher/Other Staff directly to sped director or other supervisory personnelexpressed specific concerns re: behavior pattern Evaluationwas requested for student before incident

  5. Deemed Eligible Procedural safeguards apply, e.g., change in placement determination, manifestation determination, continuation of services, FBA/BIP NOT Deemed Eligible Use same safeguards applicable to students without disabilities engaging in comparable behaviors New Request for Evaluation: Expeditebut student remains in placement determined by school authorities. If eligible, give sped & related services

  6. Referral To & Action by Law Enforcement & Judicial Authorities • IDEA doesn’t prohibit reporting a crime committed by student with disabilities • Transmittal of Records • When report, give copies of student’s sped & disciplinary records for police consideration • FERPA: Requires parent consent to release

  7. Application of Section 504 &ADA Generally, students with disabilities eligible for services only under Section 504/ADA (i.e., need supplementary aids &related services only) have procedural safeguards Safeguards don’t apply to: Behavior not manifested by a disability Offenses involving illegal drugs (& not in rehabilitation)

  8. Indicator 4A - State Performance Plan Significantly discrepant rates of suspensions (> 10 days in school year) & expulsions % =1.5 times greater than LA SwD Average (not to exceed 3%) Formula Data 2009-10: .93% LA SwD Average Significant Discrepancy > 1.40

  9. Targeted LEAs Monitored: Corrective action plan for any noncompliance LA Code RS 17:252 Each LEA to have master plan supporting behavior & discipline Based on LDOE’s Model Master Discipline Plan Emphasis on systemic approach to positive behavioral support

  10. School Master Plans for Supporting Student Behavior BESE, in collaboration with LA Juvenile Justice Planning & Coordination Board, shall formulate, develop, and recommend to the Juvenile Justice Reform Act Implementation Commission by March 1, 2004, a model master plan for improving behavior and discipline within schools. B.  Each city, parish, and other local public school board  shall cause to be developed and shall submit by October 1, 2004, a master plan for each school under the board's jurisdiction for improving behavior and discipline in each such school based on the model master plan developed and approved by the State Board of Elementary and Secondary Education.

  11. School Master Plan for Discipline To assure classroom management is based on positive behavioral supports & effective disciplinary tools, schools will: Establish/use school-based leadership teams to meet on regularly scheduled basis to review data & guide positive behavior process. Leadership team (to extent possible) includes representatives of school administration, regular/special education teachers, parents, guidance counselors, and school bus operators; may also include other groups, e.g., food services workers, etc

  12. Data-Management System To Drive Decisions Graphical representation of discipline issues. • Regular & efficient monitoring/evaluation of effective implementation of school-wide system of discipline. • School data collection includes: referrals by day/month, time, problem behavior, location, student & staff, etc. Make changes based on data analysis.

  13. Is anyone looking at the data? Are tiered interventions in place?

  14. Session 4

  15. Thank You!

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