INDIVIDUALS WITH DISABILITIES EDUCATION ACT IDEA ‘97

1. INDIVIDUALS WITH DISABILITIES EDUCATION ACTIDEA ‘97 Major Changes in Discipline

2. Major Changes in DisciplineIn effect since June 4, 1997 1. FAPE, including access to general curriculum, during suspension 2. Functional Behavioral Assessment (FBA) 3. Behavioral Intervention Plan (BIP) 4. No FBA and/or no BIP = no appropriate program 5. Manifestation Determination (MD) IEP and placement appropriate? understanding of consequences of action? ability to control behavior?

3. Major Changes in DisciplineIn effect since June 4, 1997 6. Interim Alternative Educational Setting (IAES) 7. Application to regular education students 8. Temporary Restraining Order (TRO) 9. Definition of “weapon” 10. Weapon and drug violations 11. “Stay-put” provision

4. Expansion of Protections Students suspected of having a disability • Parent’s written concern • Parent’s request for evaluation • Demonstrated need • Concern expressed by school staff

5. Misconduct NOT a Weapon or Drug ViolationSuspension of less than 10 school days (cumulative or consecutive) Being Considered • No provision of educational services • May be ordered by school personnel • Procedural safeguards invoked after 10 school days

6. understandable describes action why other options considered basis for action other relevant factors how to obtain procedural safeguards resources to assist parents Misconduct NOT a Weapon or Drug ViolationSuspension of more than 10 school days (cumulative or consecutive) Being ConsideredImmediate Parental Notification

7. MisconductNOT a Weapon or Drug Violation • IEP Team meets within 10 school days • develop or review and update Functional Behavioral Assessment (FBA) • develop or review and update Behavioral Intervention Plan (BIP) • conduct Manifestation Determination • consider Interim Alternative Educational Setting (IAES)

8. What is a Functional Behavioral Assessment? • Procedure by which problematic behavior is examined to determine the cause, consequences and nature of the behavior, in order to develop effective interventions to address behavior. (NMSDE 9/97)

9. When is a Functional Behavioral Assessment Developed? • When a student is being considered for suspension in excess of 10 school days total per year • When a student is removed to an IAES for a weapon or drug violation • When behavior is a concern • When new problematic behaviors emerge

10. Who Participates in the Development of a Functional Behavioral Assessment? Persons who have knowledge of the student relevant to the behavior, such as • parents • teachers • regular education and special education • counselor • related service provider(s) • administration

11. Behavior(s) prior incidence frequency, duration, and intensity patterns of behavior parental input Educational services(including related services) evaluation observation progress on goals parental input What Element(s) Should a Functional Behavioral Assessment Consider?

12. What is a Behavioral Intervention Plan?

13. When is a Behavioral Intervention Plan Developed? • After a Functional Behavioral Assessment has been developed or updated • When misconduct is repeated and/or significant • Whether behavior is a manifestation or not • When a student has been placed in an IAES

14. Who Participates in the Development of a Behavioral Intervention Plan? Persons who have knowledge of the student relevant to the behavior, such as • parents • teachers • regular education and special education • counselor • related service provider(s) • administration

15. How is a Behavioral Intervention Plan Developed? • Identify • behavior of concern • desired outcome of intervention • Describe • the plan • data to be collected • who will implement the plan • how progress will be documented

16. What is a Manifestation Determination? A Manifestation Determination is a review of the relationship between the student’s disability and the behavior subject to the disciplinary action.Sec. 300.523

17. When is a Manifestation Determination Conducted? • Prior to the removal a student with a disability from current placement for more than 10 school days • No later than 10 school days after the date of the decision to take action to remove a student to an IAES

18. Who Participates in a Manifestation Determination? • IEP Team • parent • regular education teacher • special education teacher • individual who is qualified to provide, or supervise the provision of, specially designed instruction, knowledgeable about general curriculum and resources • individual who can interpret the instructional implications of evaluation results (may be another member of the team) • Other qualified personnelSec. 300.344

19. What are the Required Elements of a Manifestation Determination? The IEP Team • First considers, in relation to the behavior subject to disciplinary action: • evaluation and diagnostic results • observation • IEP • placement...

20. What are the Required Elements of a Manifestation Determination? contd. • Next determines, in relationship to the behavior subject to disciplinary action: • appropriateness of the IEP • implementation • understanding of impact and consequences • ability to control behavior

21. Roadblocks to Suspension • IEP not appropriate • Placement not appropriate • Lack of FBA and/or BIP unless misconduct was unforeseen • Student lacked understanding of impact and consequences • Student lacked ability to control behavior

22. What Criteria Must Be Met By An IAES? • Includes access to general curriculum • Provides IEP services and modifications • Addresses behavior “so that it does not recur.”

23. Who Can Be Placed in an Interim Alternative Educational Setting? A special education student (or a student suspected of having a disability) who: • Was carrying a weapon in school or at a school function • Was in possession, using, selling or soliciting illegal drugs • Is suspended for more than 10 days in a school year • Other students who are unsuccessful in the traditional school setting

24. How is Placement in an Interim Alternative Educational Setting Determined? • Ordered by principal for a weapon or drug violation • Determined by an IEP Team • With parent consent when behavior is a manifestation of the disability

25. What Procedures Need to Take Place When a Student is Immediately Placed by a Principal in an IAES for a Weapon or Drug Violation? Within 10 school days • Develop or review • Functional Behavioral Assessment • Behavioral Intervention Plan • Conduct a Manifestation Determination • including review of appropriateness of IEP and program • Consider continuation of IAES with • access to general curriculum • implementation of IEP • implementation of BIP

26. BEHAVIOR IS A MANIFESTATIONIs Not a Weapon or Drug Violation • Implement Behavioral Intervention Plan • Service location options • IAES with parental consent • more restrictive placement with parent prior notice • discipline in school setting M

27. BEHAVIOR IS NOT A MANIFESTATIONIs Not a weapon or drug violation M • Follow district discipline procedures • If suspension for more than 10 days, eitherconsecutiveorcumulative, provide alternative educational services, including access to general curriculum • Develop Behavioral Intervention Plan

28. M BEHAVIOR IS NOT A MANIFESTATIONIs Not a Weapon or Drug ViolationParents Disagree • Procedural safeguards • Right to challenge • Manifestation Determination • change in placement • “Stay put” appears to be IAES

29. Disciplinary Procedures for Weapon or Drug Violation • What is a weapon? • a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury except that such term does not include a pocket knife with a blade less that 2 1/2 inches in length

30. Disciplinary Procedures for Weapon or Drug Violations, contd • Immediate Parental Notification • procedural safeguards • proposed disciplinary action • Placement in Interim Alternative Educational Setting (IAES)for up to 45 calendar days

31. Disciplinary Procedures for Weapon or Drug Violations, contd • IEP Team meets within 10 days • develop or review and update Functional Behavioral Assessment • develop or review and update Behavioral Intervention Plan • conduct Manifestation Determination • consider continuation of Interim Alternative Educational Setting

32. M Behavior is a manifestationIs a Weapon or Drug Violation • On or before the 46th calendar day • return to previous placement • continue Behavioral Intervention Plan • continue IAES with parent consent • continue Behavioral Intervention Plan • expedited due process hearing requested by district • “stay put” is placement prior to IAES

33. Behavior is not a ManifestationIsa Weapon or Drug Violation • On or before the 46th calendar day • follow district discipline procedures • provide alternative educational services including access to general curriculum • parent notification • procedural safeguards • right to challenge • Manifestation Determination • change in placement M

34. Behavior is not a ManifestationIsaWeapon or Drug Violation, contd. • Parents challenge decision • “stay put” is Interim Alternative Educational Setting M

35. Referral to Law Enforcement and Judicial Authorities • Report criminal behavior to appropriate agencies • Transfer special education and discipline records to those agencies

36. Temporary Restraining Order (TRO) District must show • placement substantially likely to result in injury • current placement appropriate • effort to minimize risk • IAES meets FAPE requirements

37. IDEA ‘97In Conclusion... • Congress: keep students in school • Remediate behaviors • Application to students who are in need of special education and those suspected of being disabled • Access to general curriculum • Functional Behavioral Assessment • Behavioral Intervention Plans • Interim Alternative Educational Settings • access to general curriculum • Weapons and drugs