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Suspension and Expulsion of Special Education Students

Suspension and Expulsion of Special Education Students. Co-Presented by: Mary Samples, Assistant Superintendent and Fran Arner-Costello, Director of Programs and Services, Ventura County SELPA www.venturacountyselpa.com. Why Can’t I Discipline Special Education Students?. You can!

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Suspension and Expulsion of Special Education Students

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  1. Suspension and Expulsion of Special Education Students Co-Presented by: Mary Samples, Assistant Superintendent and Fran Arner-Costello, Director of Programs and Services, Ventura County SELPA www.venturacountyselpa.com

  2. Why Can’t I Discipline Special Education Students? • You can! • For any infractions in EC 48900 • Special Education requirements just put in place some “checks and balances” that students are being disciplined for misbehavior that they should be able to control, rather than being punished for having a disability that they can’t control.

  3. Example of Disabilities Causing Misbehaviors • A student with autism becomes frightened and disoriented by a high pitched sound, exacerbated by the autism. If he hits/bites/kicks the teacher, it is caused by the autism. • A student with an auditory processing disorder does not understand and comply with the principal’s directions. It is caused by the learning disability.

  4. Examples When Disability IsNot Causing Misbehavior • Student with a learning disability in the area of math willfully destroys school property • Student in a wheelchair and normal intelligence sells drugs at school • Student with a speech-language impairment starts a racially-motivated fight

  5. Who Decides About Discipline? • You do! • In collaboration with the other members of the IEP team • Requires an understanding of the various Special Education disabilities, and what the characteristics are (rely on your Special Education professionals)

  6. First Ten Days of Suspension • May discipline Special Education students just like others (unless you have agreed to a Behavior Plan that precludes it) • No more than five days at a time • If Special Education student is accumulating a lot of suspensions, consider a Behavior Plan

  7. Behavior Plans • Part of the IEP • Consider why the behavior is occurring • Attempts to address the why by: • - Changing factors in the school setting • - Changing motivators and reinforcers • - Teaching the student a more appropriate way of getting the need met

  8. Before Tenth Day of Suspension • School staff determine if there is a pattern. • Pattern takes into consideration: • Length of suspensions • Proximity of suspensions • Reasons for suspensions

  9. Consideration of Pattern • Were any of the suspensions especially long, causing a disruption in learning? • Were the suspensions so close together that they caused a disruption in learning? • Were the suspensions for the same or similar behaviors?

  10. Practice • Is there a pattern?

  11. If no pattern…. • Document on the “Consideration of Suspensions for Determination of Pattern” form • You may suspend further (20 total days in year) but should conduct the Determination of Pattern process each time, to see if there is a pattern • Determine necessary services during suspension

  12. If pattern…. • Schedule an IEP meeting to conduct a Manifestation Determination Review, before suspending beyond ten days.

  13. Manifestation Determination Review • This is a “check and balance” for Special Education students to determine if the behavior subject to suspension beyond 10 days: • Wascaused by or had a direct and substantial relationship to the disability • Was caused by the district’s failure to implement the IEP

  14. For Suspension… You must consider each of the misbehaviors for which a student may be suspended in the future.

  15. Practice • Sample Manifestation

  16. If either question is “yes” Then the behavior is a manifestation of the disability and you may not suspend further at this time for that behavior • Change the IEP to address the behavior, for example, services, accommodations, goals • Implement the elements of the plan that were not appropriately implemented

  17. If it is a Manifestation • The student must have a Behavior Plan to address the behavior in question. • 1) If one already exists, it should be reviewed and revised as necessary • 2) If none exists, the team must either develop one at the IEP meeting or develop an assessment plan to conduct a Functional Behavioral Assessment

  18. If the answer to both manifestation questions are “no” • Then the misbehavior is not a Manifestation of the disability, and you may suspend for up to 10 more days for this misbehavior. • You should consider the need for a Behavior Plan, or revise the current one. • Conduct new Manifestation if there is a new misbehavior.

  19. What About Serious, Dangerous Behaviors? If Special Education student: • Possesses illegal drugs/ sells or solicits the sale • Carries or possesses a weapon • Inflicts serious bodily injury The student can be placed in an Interim Alternative Educational Setting (IAES) for 45 school days

  20. IAES • School personnel determine the IAES • If parents dispute the IAES, the IAES placement becomes the “stay put” during the pendency of the dispute • A Hearing Officer will decide whether the IAES is appropriate • Before 45 days, IEP team meets to come up with a new plan, which may include an agreed-upon change of placement

  21. Steps During IAES • Conduct Manifestation Determination (if not done already) • If Manifestation, consider change of placement • If not a Manifestation, consider expulsion.

  22. Where is an IAES? Might be: • Home/ Hospital instruction • Alternative schools • Non-Public School

  23. (If a Manifestation) What if Parent Does not Agree to Change of Placement at end of 45 Days? • Get the IEP team working to come to consensus on new placement after IAES • File for Due Process if parents do not agree • Student returns to the placement s/he was in when the misbehavior occurs if not resolved.

  24. Other Situations • Even if the student did not commit one of the three IAES behaviors, the school personnel can place in an IAES if s/he feels the student is likely to cause serious harm to self or others • If parents object, requires an expedited hearing with the Hearing Officer to approve (within 20 days) • Must show evidence of serious potential for harm

  25. What About Expulsion? • Special Education students can be expelled for the same reasons as general education students. • Must have a Manifestation Determination Review within 10 calendar days of behavior • If it is a manifestation, you may not expel for that behavior • If not a manifestation, you may recommend for expulsion

  26. If Manifestation You must take the same steps as for Suspension: • Implement elements of the IEP not appropriately implemented. • Develop a Behavior Plan to address the behavior. • You may not move forward on expulsion.

  27. Expelled Special Education Students • District remains responsible for student’s education • The district must still provide Special Education and related services to assist them in progressing in the core curriculum during the period of expulsion • Examples: Non Public Schools, Alternative Schools, Home/Hospital

  28. Scenarios

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