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Introducing ……. Policy 2419: Regulations for the Education of Students with Exceptionalities

Introducing ……. Policy 2419: Regulations for the Education of Students with Exceptionalities. Session III Chapter 7 Discipline. Presented by… Rosemary Cook Compliance Coordinator Office of Assessment and Accountability. Policy 2419 .

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Introducing ……. Policy 2419: Regulations for the Education of Students with Exceptionalities

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  1. Introducing …….Policy 2419: Regulations for the Education of Students with Exceptionalities West Virginia Department of Education

  2. Session IIIChapter 7Discipline Presented by… Rosemary Cook Compliance Coordinator Office of Assessment and Accountability West Virginia Department of Education

  3. Policy 2419 West Virginia Department of Education

  4. Introducing….Policy 2419: Regulations for the Education of Students with Exceptionalities http://wvde.state.wv.us/intro2419/ West Virginia Department of Education

  5. Office of Special Programs, Extended and Early Learning http://wvde.state.wv.us/ose/ West Virginia Department of Education

  6. Training Components • Presentation • Supplementary materials • Participant notes • Policy 2419 (final document or bill analysis version) • Participant questions and WVDE responses • Training Calendar • Policy 2419 Training Synopsis West Virginia Department of Education

  7. Session IIII Map West Virginia Department of Education

  8. Advance Organizer • Provide a working knowledge of discipline requirements including any significant revisions to the Policy since the final IDEA regulations went into effect on October 13, 2006. • Continue the dialogue with interested stakeholders across the state regarding implementation of the policy and gather information for additional technical assistance. West Virginia Department of Education

  9. Understanding the Terms • Removals – include all “removals” from the educational placement considered as a disciplinary action • Change of Placement • Removals total > 10 consecutive school days or • Removals constitute a pattern West Virginia Department of Education

  10. Understanding the Terms • Manifestation Determination – 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 p. 147 West Virginia Department of Education

  11. Understanding the Terms • Behavior Intervention Plan (BIP) – developed using FBA information, includes methods for teaching replacement behaviors, strategies for meeting student needs appropriately, environmental adaptations, etc. p. 142 West Virginia Department of Education

  12. Understanding the Terms • 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 Individualized Education Program (IEP) • Encompasses services necessary to enable the student to continue to participate in the general curriculum and to progress toward meeting the goals set out in the student’s IEP p. 147 West Virginia Department of Education

  13. “FAPE-free Zone”No Special Procedures Apply p. 86 • During initial ten day removal for violation of school’s code of conduct: • Same disciplinary actions as a general education student • No educational services provided • No functional behavioral assessment required • No manifestation determination required West Virginia Department of Education

  14. Disciplinary Change of Placement p. 85 Definition: • Removal for more than 10 consecutive days, or • Series of removals that constitute a pattern, that is: • Beyond ten cumulative days in a school year, • Student’s behavior is similar to other removal behaviors, and • Presence of other factors such as length of removals, total time removed and proximity of removals to one another. West Virginia Department of Education

  15. In School Suspensions p. 85 • Portions of a school day that a student has been suspended may be considered as a removal in regard to determining whether there is a pattern of removals. West Virginia Department of Education

  16. In School Suspensions p. 85 • Not considered part of the days of suspension as long as student is afforded: • the opportunity to continue to appropriately participate in the general curriculum, • continue to receive services specified on the student’s IEP and • continue to participate with non-disabled students to the extent they would have in their current placement. West Virginia Department of Education

  17. Bus Suspensions p. 85-86 • Counts as a day of removal if transportation is part of a student’s IEP unless district provides alternate mode of transportation. • If not part of IEP, parents have obligation to transport student to school. • IEP Team may need to address bus behaviors in IEP or BIP. West Virginia Department of Education

  18. District Actions When Removals Are Not A Change in Placement p. 86 • Subsequent removals of 10 days or less require: • Extent of services determined by school personnel in consultation with at least one of the student’s teachers • Must enable student to participate in general curriculum and make progress toward meeting IEP goals West Virginia Department of Education

  19. Best Practice • Although no longer required, consider: • FBA, as appropriate • Behavioral goals or BIP To improve attendance and achievement West Virginia Department of Education

  20. District Actions When Considering a Disciplinary Change of Placementp. 86 • Provide same day written notice of removal (PWN) and procedural safeguards notice • Within 10 days of decision to change placement, meet with parents and relevant members of IEP Team to conduct a manifestation determination West Virginia Department of Education

  21. District Actions… If not a manifestation: p. 87 • Determine appropriate disciplinary action, may include those procedures applicable to a student without disabilities • Convene IEP Team to develop IEP that specifies services to enable student to: • Participate in general curriculum • Make progress on IEP goals • As appropriate, provide FBA and behavior intervention services designed to address behavior violation so that it does not recur West Virginia Department of Education

  22. District Actions… If a manifestation: p. 87 • The IEP Team shall: • conduct a FBA and develop a BIP if one has not been completed or • review existing BIP and revise, as needed, and • Return the student to placement from which the student was removed. • IEP Team may change placement as part of BIP. West Virginia Department of Education

  23. Special Circumstances – regardless of manifestation determination p. 87 • When a behavior violation involves weapons, illegal drugs or serious bodily injury, the district may unilaterally remove student to a 45 day Interim Alternative Education Setting (IAES) West Virginia Department of Education

  24. Policy 2419 refers to the federal definitions for these special circumstances: p. 88 • Carries or possesses a weapon at school or a school function; or • Knowingly possesses, carries, or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function; or • Inflicts serious bodily harm West Virginia Department of Education

  25. Serious Bodily Harm Defined p.158 • a bodily injury that involves: (1) A substantial risk of death; (2) Extreme physical pain; or (3)Protracted and obvious disfigurement; or protracted loss or impairment of the function of the bodily member, organ, or mental faculty to another person at school, on school premises, or at a school function. West Virginia Department of Education

  26. FAPE Requirements in an IAESpp. 88-89 • IEP Team must create/select an IAES that enables the student to: • Continue to participate in the general education curriculum; and • Progress toward meeting the goals set out in his or her IEP; and • Receive, as appropriate, an FBA and behavioral intervention services to address the behavior violation so that it does not recur. West Virginia Department of Education

  27. Services During Change of Placement Removal(s) For all change of placement removals, the IEP Team determines FAPE. West Virginia Department of Education

  28. Expedited Hearing p. 89 • Within 20 days; 10 days to provide decision • Requested by parent when in disagreement with manifestation determination, disciplinary change of placement or district placement in IAES West Virginia Department of Education

  29. Expedited Hearing p. 89 • Requested by district: • When special circumstances exist, • When maintaining the current placement is substantially likely to result in injury to the student or to others, and • If student remains dangerous, toallow an additional IAES placement for not more than 45 days West Virginia Department of Education

  30. Protections for Students Not Yet Eligible p. 90 • Student may seek protections of IDEA if: • District had knowledge that a student was eligible • Parent expressed concern in writing • Parents requested an evaluation • Teacher or other personnel expressed concern West Virginia Department of Education

  31. Exception to Protections for Students Not Yet Eligible pp. 90-91 • Student is not eligible for protection if: • Eligibility Committee determines that the student did not have a disability; • The parent/adult student does not give written consent for an evaluation; and  • The parent/adult student refuses special education services. West Virginia Department of Education

  32. Parent/Adult Student Request for Evaluation of a Disciplined Studentp. 89 • Conduct evaluation in an expedited manner • Student remains in placement determined by district • If determined eligible: • Convene IEP Team meeting and develop IEP • Conduct a manifestation determination • If behavior had direct and substantial relationship to disability, set aside disciplinary action and provide FAPE in the LRE. (implement IEP) West Virginia Department of Education

  33. Parent/Adult Student Request for Evaluation of a Disciplined Studentpp. 89-90 • If eligible but behavior is not determined a manifestation, student is subject to disciplinary action but must receive FAPE for removals beyond 10 cumulative days • If not eligible, apply the same disciplinary actions as applied to all other nondisabled students who engage in comparable behaviors West Virginia Department of Education

  34. Reporting Crimes p. 91 • Nothing in IDEA 2004 shall be construed to prohibit a school from reporting a crime committed by an eligible student. • District reporting a crime shall ensure that copies of the special education and discipline records of the eligible student are transmitted to the appropriate authorities. West Virginia Department of Education

  35. Closing • Questions • Responses to questions submitted will be posted within three business days on the Introducing…Policy 2419 and the OSP websites • Evaluation West Virginia Department of Education

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