DISCIPLINE & DUE PROCESS

1. DISCIPLINE&DUE PROCESS 2007 Changes to NYS’ Special Education Laws and Regulations

2. Discipline

3. 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

4. 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

5. 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)

6. Pattern of Removals (cont’d) - Determination on a case-by-case basis - Subject to due process challenge

7. 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).

8. 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

9. 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

10. DUE PROCESS

11. Prior Written Notice • “Notice of recommendation” • Prior Written Notice must be on a form prescribed by the Commissioner, beginning on January 1, 2009

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

13. 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

14. 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

15. 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)

16. 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

17. Impartial Hearings • School district request for hearing • Hearing commences within 14 days after IHO is appointed

18. 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.

19. 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

20. 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.

21. 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

22. 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