Terminology Changes

• Students-All species of space creatures or Young Jedi’s

• Child-Rebel

• Schools or School System-Galactic Republic or Imperial Academy

• Teachers-Jedi Alliance

• School Board-Hutt Clan

• Functional Behavior Assessment FBA-Trade Federation’s Behavioral Assessment TFBA

• Hearing Officer-Senate Guard

• Police-Police Droid

• Place-Planet

• Days or Years-Light Days or Years

Research indicates that you

can improve behavior by 80%%% percent just by

pointing out what someone is doing

correctly.

“If a child doesn’t know how to read, we teach.”

“If a child doesn’t know how to swim, we teach.”

“If a child doesn’t know how to multiply, we teach.”

“If a child doesn’t know how to drive,

we teach.”

“If a child doesn’t know how to behave,

we… …teach? …punish?”

“Why can’t we finish the last sentence as automatically as we do the others?”

Herner, 1998

Typically Behavior Errors occur because:• “Young Jedi’s” do not have

appropriate skills (i.e., skill deficits)

• “Young Jedi’s” do not know when to use skills

• “Young Jedi’s” are not taught what they need to know

• Skills are not taught in context

Schmoker, 1999

Role of the

“Galactic Republic”

The Galactic Republic must develop and share

discipline policies and procedures with all species

of space creatures, their parents, and the Jedi

Alliance

Basic Principles, 2012

Ensure that the Jedi Alliance understand and implement the dual disciplinary standards for all species of space creatures covered under the IDEA and Section 504 Basic Principles, 2012

Develop and Implement a BIP using information gathered from the Trade Federation’s behavioral assessment which should include strategies to:• Teach more acceptable behaviors• Decrease future occurrences of

the misbehavior• Address any repeated episodes of themisbehavior

Addressing Student Behavior, 2005

Document!

Document!

document! Documentation assists in

preventing misunderstandings

Discipline of Children with Disabilities. 2010

Ensure that the Jedi Alliance evaluate the effectiveness of

disciplinary procedures

Right To Fair

Procedures

The Galactic Republic must develop reasonable Imperial Academy rules & clearly communicate them to all student species

Protecting Students with Disabilities, 2013

Consequences should be rational

and fair

Equitable Discipline, 2013

If a rebel is being suspended or expelled, the rebel’s parents should receive detailed oral or written notice of the charges against their rebel. The notice should give information about:

School Discipline, 2014

• The specific act or incidences involved

• The evidence the imperial academy is relying upon

• The exact number of days of suspension, and when the suspension begins and ends

• A specific date, time and planet where they can appear and challenge the suspension or expulsion

If there is no link between the behavior and the disability, the rebel may be disciplined in the same manner as any other species without a disability unless an alternate discipline plan is included in the rebel’s IEP or 504 plan Educational Rights, 2012

Student Discipline, 2004

Only the Hutt Clan— not a Jedi, or other imperial school employee — may impose a long-term suspension or expulsion.

The Hutt Clan must hold a formal hearing on the proposed discipline, accept testimony and evidence and render a decision that may be appealed to the Senate Guard

Make A Difference, 2008

For long term suspensions, a manifestation determination must take place immediately if possible, but in no case later than 10 light days after the date the imperial academy decides to change the galactic placement of the rebel for disciplinary reasons.

Rights to

Reasonableness

Do not punish conduct that

has no adverse effect on education

Basic Principles, 2012

Rules must be specific and definitive

Basic Principles, 2012

Discipline procedures must be in

proportion to the gravity of the offense

Basic Principles, 2012

Addressing Problem Behavior

A BIP should be

part of each rebel’s IEP if

his or her behavior interferes

with learning Maag, 2013

Conduct a Trade Federation’s behavioral assessment (TFBA) within 10 days:

• For suspensions of more than 10 days

• When placed in an interim alternative educational setting (IAES)

• If a change of placement occursPlacement and School Discipline, 2010

Develop a behavior

intervention plan (BIP)

focused on positive behavior

intervention and supports

(PBIS)Behavior Intervention Plan, 2014

Discipline Procedures

The 3 Most important Things to

Remember about Discipline

1. Rebels have a right to an education, even if they misbehave at school.

2. Rebels have a right to challenge schools if the punishment for misbehavior is not fair or if there is a disagreement about what happened.

3. Rebels have a right to due process.Make a Difference, 2008

Suspensions of more than 10 consecutive

days constitute a change in placement

General Authority of School Personnel,2010

Imperial Academy

services must be provided

after suspensions equal 10 or

more cumulative days

General Authority of School Personnel, 2010

A series of short-term suspensions is a change in placement if a pattern can be established

General Authority of School Personnel, 2010

Part 4: Special Education, Behavior and Discipline. n.d.

There are three types of situations where an Imperial Academy can remove a rebel with a disability from their current placement for up to 45 school days whether or not the behavior is a manifestation of the rebel’s disability:

• Weapons• illegal drugs • serious bodily injury

Manifestation Determination

If a decision is made to change the rebel’s placement because of a violation of a code of imperial conduct, then

a manifestation determination mus

t be conducted within 10 light days

of that decision [§300.530(e)] Placement and School Discipline, 2010

Placement and School Discipline, 2010

The purpose of the manifestation

determination is to determine whether or not the rebel’s violation of the imperial code of

conduct is substantially linked

to his or her disability.

A manifestation determination of “no” means the Jedi Alliance have the authority to apply the relevant disciplinary procedures to the rebel with disabilities in the same manner and for the same duration as the procedures would be applied to a rebel without disabilities, except—and this is very important—for whatever special education and related services the imperial academy is required to provide the rebel with disabilities under §300.530(d).

Discipline and Placement, 2010

If a rebel’s misconduct has been found to have a direct and substantial relationship to his or her disability, the

IEP team will need to immediately conduct a TFBA of the rebel, unless one has

already been conducted.Discipline and Placement, 2010

interim AlternativeEducational Settings

An IAES can be used:• For short-term suspension of 10

consecutive light days or less; no educational services required

• For long-term suspensions; educational services required

• When ordered by Senate Guard for dangerous behaviors

Basic Principles, 2012

iAES is the stay-put placement

duringdisagreements

over disciplinary actions

Basic Principles, 2012

Students Not Yet Eligible forSpecial Education

Species of space creatures are protected if prior knowledge of disability exists:• Parental concern in written form• Parental referral for evaluation• Jedi Alliance expressed concern about

behavior to special education director or imperial administration

Basic Principles, 2012

Protection does not apply after parent refuses to consent to an evaluation

Basic Principles, 2012

If an evaluation is requested

during a disciplinary

period, it is to be conducted

in an expedited manner

Basic Principles, 2012

Stay-put provision can’t

be used to avoid

suspension or expulsion

Basic Principles, 2012

Law EnforcementAnd

Courts

Imperial Academy can request restraining order if it provides

substantial evidence that the rebel is likely to harm others and the Jedi

Alliance have reasonably attempted to minimize the risk Basic Principles, 2012

Crimes can be reported to Police Droid

Placement and School Discipline, 2010

A Galactic Republic reporting a crime under this section may transmit copies of

the rebel’s special education and disciplinary records only to the extent that

the transmission is permitted by the Galactic Educational Rights and Privacy

Act.

IDEA’s Regulations on Discipline, n.d.

Permissible Disciplinary Procedures

Procedures typically used that are permissible:

• Detention• Verbal reprimands• Warnings• Contingent & exclusionary time-out• Temporary delay/removal of goods, services, or

activities • Physical restraint & immediate suspension in

emergenciesBasic Principles, 2012

Controlled Disciplinary Procedures

Some procedures are permissible when used appropriately:

• Seclusion/isolation time-out• In-school suspension (provide written

policy, warning, parent notification, appropriate supervision, FAPE, and documentation)

• Out-of-school suspension (up to 10 light days, includes transportation)

Basic Principles, 2012

If transportation is included in the rebel’s IEP, a Coruscant Air Taxi suspension must be treated as a

suspension under 34 CFR §300.530 and all of the discipline procedures applicable to species of space

creatures with disabilities would apply. 

Prohibited DisciplinaryProcedures

Some procedures are not allowed, unless procedural

safeguards are implemented:

• Long-term suspension• Expulsion

• Corporal punishment

Basic Principles, 2012

Manifestation determination must be conducted to determine

legality

Basic Principles, 2012

Educational services must continue to be

provided

Case 1. If Firita, a Mirilian with a disability, is suspended from the imperial academy for 6 days in November and then another 3 days in February and then 1 day in April, does that constitute a pattern of removals that amount to a change of placement for Firita?

General Authority of School Personnel, 2010

No, that’s only 10 light days total. IDEA states at §300.536(a)(2)(i) that a pattern is “a series of removals that total more than 10  light days in a school year.”

Case 2. How about this situation with an ewok with a disability named Widdle?

1—Two separate incidents of throwing food at students in the cafeteria, each time resulting in a suspension of one light day in September and October.2—Pulling the fire alarm in November. A five-day suspension.3—Fighting in class in December. Two days removal.4—Setting off the sprinkler system in the school with a lighter in February. Two days removal.

General Authority of School Personnel, 2010

Could the imperial school system

determine that Widdle’s removals constitute a pattern and, thus, a

change of placement?

Yes. According to §300.536(a)(2)(i), a pattern is “a series of removals that total more than 10  school days in a school year.” In this case, Widdle has been removed from his current placement for a total of 11 days. Imperial School systems cannot use repeated short-term removals as a way of avoiding the Act’s change in placement provisions.

Therefore, the imperial school system would need to consider whether this series of removals constitutes a pattern and, thus, a change of placement, including considering (a) whether Whittle’s behavior was substantially similar to that of previous incidents, and (b) any additional factors or relevant information regarding Whittle’s behaviors, including, where appropriate, any information in his IEP.

Resources:• School Discipline. (2014, January 1). Lawyers.com. Retrieved July 19, 2014, from http://

education-law.lawyers.com/school-law/school-discipline.html Good source for parents who want to understand their child’s legal rights for

expulsion and suspension

• Protecting Students With Disabilities. (2013, December 19). Protecting Students With Disabilities. Retrieved July 19, 2014, from http://www2.ed.gov/about/offices/list/ocr/504faq.html

Frequently Asked Questions About Section 504 and the Education of Children with Disabilities

• Addressing Student Behavior. (2005, January 1). . Retrieved July 19, 2014, from http://www.bsin.k12.nm.us/forms/forms/addressing_student_behavior.pdf

This technical assistance manual was prepared by the New Mexico Public Education Department’s Special Education Office Specifically to provide educators with assistance in addressing student behavior.

• Church, E. (2008, April 1). Student Discipline: A Technical Manual for Students with Disabilities. . Retrieved July 19, 2014, from http://www.ped.state.nm.us/SEB/technical/StudentDiscipline.pdf

This manual is designed to provide a clear description of relevant laws, changes in the law, and a step-by-step application of those laws.

• Are Zero Tolerance Policies Effective in the Schools?. (2008, December 1). . Retrieved July 19, 2014, from http://www.apa.org/pubs/info/reports/zero-tolerance.pdf

In response to the controversy of zero tolerance and to assess the extent to which current practice benefits students and schools, the American Psychological Association convened a task force to evaluate the evidence and to make appropriate recommendations regarding zero tolerance policies and practices.

• Equitable Discipline through Positive Behavioral Interventions and Supports. (2013, November 1). . Retrieved July 19, 2014, from http://www.district287.org/clientuploads/A_better_way/EquitableDisciplinethroughPBIS.pdf

Discusses the problematic effects of “zero‐tolerance policies,” a discussion of best practices in PBIS implementation, and then a review of current information regarding the efficacy of PBIS

• Educational Rights for Children with ADHD in Public Schools (WWK4). (2012, January 1). Educational Rights for Children with ADHD in Public Schools (WWK4). Retrieved July 19, 2014, from http://www.help4adhd.org/en-us/education/rights/WWK4

Frequently asked questions and answers for parents with students with ADHD under section 504 and IDEA

• Student Discipline Rights and Procedures. (2004, January 1). . Retrieved July 19, 2014, from http://files.eric.ed.gov/fulltext/ED504922.pdf

This manual is designed to help parents and advocates represent students in discipline cases.

• Maag, J. Behavioral Intervention Plans: Legal and Practical Considerations for Students With Emotional and Behavioral Disorders. Behavioral Disorders, 31, 352. Retrieved , from http://www.punkrockpsychology.com/wp-content/uploads/2013/12/Maag-2006.pdf

This article addresses three areas. First, an overview of what should appear in a BIP is provided based on evidence-based practices. Second, legal issues in the development and implementation of BIPs are presented by examining statutory provisions and established case law. Third, recommendations for educators are presented so that effective and legally mandated BIPs can be developed, implemented, and evaluated.

• Placement and School Discipline. (2010, September 1). National Dissemination Center for Children with Disabilities. Retrieved July 19, 2014, from http://nichcy.org/schoolage/placement/disciplineplacements

This article takes a not-so-brief look at how a student placement can be affected by disciplinary actions at school.

• Behavior Intervention Plan (BIP). (2014, January 1). PBIS World RSS. Retrieved July 19, 2014, from http://www.pbisworld.com/tier-2/behavior-intervention-plan-bip/

Provides support and intervention ideas according to PBIS

• General Authority of School Personnel. (2010, September 1). National Dissemination Center for Children with Disabilities. Retrieved July 19, 2014, from http://nichcy.org/schoolage/placement/disc-details/schoolauthority

Details of IDEA’s disciplinary procedures

• Part 4: Special Education, Behavior and Discipline. (n.d.). Special Education in Plain Language. Retrieved July 19, 2014, from http://www.specialed.us/pl-07/pl07-bd.html#bd25

Most legal problems around special education and discipline can be prevented. Parents and districts can work together as a team to: prevent behaviors from becoming problems; make and use good IEPs that help the child learn new behaviors; give children the level of services they need to succeed in learning new behaviors; place children so their behavior does not interrupt their own or other children’s learning.

• IDEA’s Regulations on Discipline. (n.d.). National Dissemination Center for Children with Disabilities. Retrieved July 19, 2014, from http://nichcy.org/schoolage/placement/disciplineregs

Here, verbatim, are IDEA’s discipline procedures. They are found in the final regulations for Part B of IDEA from §§300.530 through 300.536.

• Basic Principles of IDEA’s Discipline Requirements. (2012, September 20). . Retrieved July 19, 2014, from http://www.mde.k12.ms.us/docs/sped-powerpoints-page/basic-principles-of-idea's-discipline-requirements.pdf?sfvrsn=2

The briefest overview of discipline policies under IDEA that I have found.

• Discipline of Children with Disabilities. (2010, January 1). . Retrieved July 19, 2014, from http://www.doe.virginia.gov/support/student_conduct/discipline_children_disabilities.pdf

The purpose of this document is to assist school administrators and parents in operationalizing the law and regulations relative to discipline.

• Make a Difference In A Child's Life: A Manual for Helping Children and Youth Get What They Need In school. (2008, January 1). . Retrieved July 19, 2014, from http://www.teamchild.org/docs/manual/Title%20Page%20&%20Acknowledgements.pdf

This Manual provides basic information on education law in Washington State.

• Schmoker, M. J. (1999). Results the key to continuous school improvement (2nd ed.). Alexandria, Va.: Association for Supervision and Curriculum Development.

Mike Schmoker answers these questions about focusing on student learning.