Special Education Law for PrincipalsKaren Glasser Sharp, Lewis & KappesAngie Balsley, SSJCSS

Who’s here???

Name School/DistrictPosition

Agenda

• Resources• RtI, Referral, & Eligibility• Case Conference Processes• FAPE & LRE• Responding to Parent Requests• Behavior• Discipline• Supporting the Team• Complaints & Disagreements

Disclaimer

We are providing you with legal knowledge today. Your local PRACTICES & PROCEDURES may go above & beyond the basic requirements of the law.

Check with your local special education administrator if you have questions about local practice.

Your questions

• What are your burning questions about implementing special education laws in your building?

Just for Fun

• Theme: Boldly Innovating

Resources

• Article 7• Definitions section

• Procedural Safeguards (Parents Rights)• Be proactive with the cover sheet

• Navigating the Course• Lucky 21• A Principal’s Guide to Special Education• SSJCSS Website• COMING SOON: Principal Bytes

Notice of Procedural Safeguards 7-37-1(d)

A copy of the notice of procedural safeguards must be provided to the parent at least one time per school year and:

1. upon initial referral or parent’s request for evaluation;2. upon receipt of the first filing of a complaint under (7-45-1) in a school year;3. upon receipt of the first due process hearing request under (7-45-3) in a

school year;4. on the date the school decides to make a removal that results in a

disciplinary change of placement under (7-44-2), which includes removals to interim alternative educational settings for drugs, weapons and serious bodily injury under (7-44-6); and

5. upon the request of a parent.

Know the number of “days”

• Calendar: Everyday• Business: Monday-Friday except federal & state holidays• Instructional: Any day or part of day that students are expected to be

in attendance at school

Difference between 504 & IDEA

• IDEA is a Federal Law guaranteeing special education and related services to students with disabilities.

• 504 is a civil rights law designed to protect people from discrimination on the basis of disability in programs and activities.

• To be eligible under IDEA, a student must have a disability and need specially designed instruction.

• To be eligible under 504, a student must have a disability and need accommodations to access the educational programs. They can function well in school both academically & socially and do not require specialized instruction.

STAR TREK TRIVIA

• Who is the creator of the Star Trek TV series?

RtI, Referral, & Eligibility

When is referral appropriate?

• In some cases, need for evaluation will be self-evident• If suspected ED or SLD, has RtI been attempted?

Intervention Before Referral for ED (7-41-7)

• The CCC must determine the eligibility of a student with an emotional disability based on the multidisciplinary team’s educational evaluation report, which must include:• A functional behavioral assessment that includes an analysis of

any interventions used to address the behaviors leading to the referral

Intervention Before Referral for SLD 7-41-12(a)(1)

A Specific Learning Disability may include:1. Reading disability2. Written expression disability3. Math disability4. Oral expression disability5. Listening comprehension disability

Intervention Before Referral for SLD 7-41-12(a)(2)

Eligibility for SLD can be evidenced through either of the following:(A) Insufficient progress to meet age or state approved grade level standards in one (1) or more of the areas identified in subdivision (1) when using a process based on the student's response to scientific, research based intervention. OR(B) A pattern of strengths and weaknesses in performance or achievement, or both, relative to:

• (i) age;• (ii) state approved grade level standards; or• (iii) intellectual development;

• That is determined by the group to be relevant to the identification of a specific learning disability. • The multidisciplinary team is prohibited from using a severe discrepancy between academic achievement and global cognitive functioning to meet the requirement in subsection (B) above.

Prior Intervention

• Before the referral for evaluation, intervention may be attempted and utilized as part of the evaluation data

Notice of Interventions7-40-2(f)

• Required by law• Provided to the parents when the student was given an intervention

that is not provided to all students in the classroom. • Put a copy in the student’s file • Is this happening in your school building?

Components of Notice of Interventions

The written notification must include:• The amount and nature of student performance data that will be collected;• The general education services that will be provided;• The evidence-based strategies that will be utilized for increasing the student's rate of

learning to grade level;• The parent's right to request an educational evaluation to determine eligibility for special

education and related services; • An explanation that the school will initiate a request for an educational evaluation if the

student fails to make adequate progress after an appropriate period of time when provided with scientific, research based interventions; and

• An explanation that (1) when the school initiates a request for an educational evaluation, it will provide written notice to the parent regarding the evaluation before requesting written parental consent for the evaluation, and (2) after obtaining written parental consent, the school must evaluate the student and convene the CCC within 20 instructional days

Should we evaluate?

• After a parent makes a request for an educational evaluation, the school has 10 instructional days to provide the parent with written notice of its proposal to evaluate or refusal to evaluate the student.

• Article 7 thus contemplates the possibility that the school will refuse to evaluate the student.

Parent Requests for evaluation 7-40-4(d)

• May be made verbally or in writing• Must be made to a licensed personnel

• Teacher, counselor, psychologist, social worker, principal, other admin

• The school must respond to the request within 10 instructional days• Let your psychologist know immediately• Train the other personnel to do the same

You May Decide Not to Evaluate If

• Student made progress with RtI• Previous evaluation done recently and student found not eligible• No indications of any impact on student in terms of academics,

behavior, etc.• Student previously dismissed from special education after

reevaluation and there is no indication of new concerns

Notice RequiredBefore the school can evaluate a student, written notice must be provided to parent that includes:

(1) A statement that the school is proposing or refusing to conduct the educational evaluation that includes a description of each:

(A) evaluation procedure;

(B) assessment;

(C) record; or

(D) report;

the school used as a basis for proposing or refusing to conduct the educational evaluation.

(2) A description of other factors relevant to the school's proposal or refusal to conduct the educational evaluation.

(3) If the school:

(A) is proposing to conduct the educational evaluation, a description of any evaluation procedures the school to conduct; or

(B) refuses to conduct the educational evaluation, an explanation of the parent's right to contest the school's decision by requesting:

(i) mediation; or

(ii) a due process hearing.

Notice Required (cont.)

(4) An explanation of how to request one (1) or both of the following:(i) A copy of the educational evaluation report, at no cost to the

parent, prior to the CCC meeting.(ii) A meeting with an individual who can explain the results of the

educational evaluation prior to the CCC meeting.(5) A statement that a parent of a student with a disability has protection under the procedural safeguards described in 7-37-1. A copy of the notice of procedural safeguards must be provided to the parent with the written notice described in this section.(6) A list of sources for parents to contact to obtain assistance with understanding the provisions of Article 7.

Parent Consent

• After written notice is provided, the parent must give consent in writing before the school can conduct an initial educational evaluation

• The date the consent is received is the date that the evaluation timeline begins

Timeline for Evaluation

• We are monitored on this by the State & Federal Government• If a district misses one evaluation timeline by one day, the district is

0% compliant with this monitoring indicator• May have to write a corrective action plan

• It is critical that evaluation case conferences are held within the required timelines, even if the parent cannot attend

Timeline for Evaluation (7-40-5)

The initial educational evaluation must be conducted and the CCC convened within 50 instructional days of the date that written parental consent is received by licensed school personnel, UNLESS:

1. Suspension/expulsion/IAES is pending and parent has requested evaluation of student not yet identified, in which case the school has 20 instructional days to complete the evaluation and convene the CCC.2. Student has participated in RtI, in which case the school has 20 instructional days to complete the evaluation and convene the CCC.3. When a child is transitioning from early intervention (Part C) to early childhood special education (Part B), in which case the evaluation must be completed and the CCC convened to ensure that the child receives special education services by his or her third birthday

Timeline for Evaluation (cont.)

4. When the parent of a student repeatedly fails or refuses to produce the student for the evaluation 5. When a student enrolls in another school corporation after the relevant time frame has begun and prior to completion of the evaluation if the:

(A) subsequent school corporation is making sufficient progress to ensure a prompt completion of the evaluation; and(B) parent and subsequent school corporation agree to a specific time when the evaluation will be completed.

Eligibility

• We say that students are “eligible” for services• 13 areas of eligibility in Rule 41• Determinations are made based on data and meeting the criteria in

the law

What if the parent disagrees with the educational evaluation?

• Parents may request an Independent Educational Evaluation (IEE)• Parents are entitled to one IEE each time the school completes an

evaluation• School must respond within 10 business days to request for IEE• Notify local special ed director/coordinator immediately

• What is the name of this character?

STAR TREK TRIVIA

Case Conference Processes

Role of the Teacher of Record (TOR)

• Know when case conferences must be conducted• Arrange the meeting• Send the notice• Prepare an agenda• Prepare a draft IEP

• Includes entering updated present levels & revised goals & services • Includes reviewing/ drafting revisions to the Behavior Plan (BIP)

• Lead the conference• Take case conference notes (someone else in the mtg may assist)• Complete the document in IIEP• Provide parent with finalized copy• Responsible for the implementation of services• Advise general education teachers of student accommodations• Progress monitoring • Report progress on goals at least quarterly

When is it necessary to conduct a CCC mtg?

• Initial case conference• Within 50 instructional days of consent for evaluation • Within 20 instructional days of consent for evaluation after RtI• Within 20 instructional days of consent for evaluation if suspension, expulsion or Interim Alternative

Education Setting (IAES) pending• After reevaluation

• Within 50 instructional days from parent consent for reevaluation if conducted to determine eligibility under a different or additional eligibility category or to provide information regarding student’s needs, e.g., assistive technology or related service

• At the next ACR if conducted to reestablish eligibility for special education and related services• At least once every 12 months• If either parent or school believes IEP should be revised• Within 10 instructional days of enrollment of student who received special education from another school

(move-in conference)• At least every 60 instructional days if on homebound placement in the IEP

Other times to hold a CCC mtg

• Within 10 instructional days of a disciplinary change of placement to determine if the behavior is a manifestation of the student’s disability

• To determine the interim alternative educational setting when school personnel remove a student to an IAES pursuant to 7-44-6 (weapons, drugs, SBI), unless already stated in the IEP or BIP

Scheduling the case conference 7-42-2(a)

• Mutually agreed upon date, time, & place • Ensure parent participation • Document efforts to contact parent• Send written notice• Notice should include reason for case conference• Notice should include expected participants (name and title)

Notice of Case Conference 7-42-2(c)

• Adequate prior notice• Early enough that both parents have the opportunity to attend• Angie recommends five days generally

• Native language or other form of communication• If this isn’t provided, it can become a procedural error in due process

Q: What if the parent doesn’t show?

• A: As long as they were provided with adequate prior notice, the CCC can meet.

• Points to consider• Could they participate by phone? • Gauge how much you think they want to participate• You could reschedule if not against time constraints• You could conduct the CCC then meet with them later to review

• No “three strikes rule.” Parent used to have to be a “no show” three times before CCC could meet without them

Role of the Administrator

• Public Agency Representative• To keep the meeting moving forward and on track• Be aware of any warning signs of dissension• You may also:

• Evaluate the teacher or therapist• Take case conference notes

Public Agency Representative 7-42-3(a)

• Knowledgeable about & has the authority to commit resources• Qualified to provide or supervise specially designed instruction to

meet the unique needs of students with disabilities • Knowledgeable about the general education curriculum

• May be any public agency participant of the CCC if the criteria above are satisfied

Required Participants 7-42-3(b)

• Public Agency Rep• Current Teacher of Record (TOR)• Not fewer than 1 of the STUDENT’S general education teachers if the

student is or MAY BE participating in the gen. ed. environment• Share about the student’s participation in their class. Strengths, needs

• Individual who can interpret instructional implications of educational evaluations (can be one of above)

• Parent (if < 18) or Student (if 18 or older)

Required Participants 7-42-3(c) & (d)

• If initial case conference, a member of the multidisciplinary team• If student is/may be enrolled in alternative school, a representative of the alternative

school• If student is/may attend a state-operated school, a representative of the state-operated

school• If student is/may be placed in non-public school, a representative of the non-public school

and a representative of the local public school providing any special ed.• If unilaterally enrolled by parent, a representative of the nonpublic school• If transitioning from Part C (early childhood), at the request of the parent, an invitation

must be sent to the Part C Service Coordinator or other Part C representatives• If developing a transition IEP, must invite the student• If developing a transition IEP, and the parent provides consent, must invite a representative

of any agency that may provide transition services

Other potential participants 7-42-3(e) & (f)

• At the discretion of the parent or the school, other individuals who have knowledge or special expertise regarding the student, including related services personnel

• At the discretion of the parent, the student may participate

Excusing CCC Members 7-42-3(g) & (h)

• A required member may be excused from attending if the parent and school agree, in writing, that the member’s attendance is not necessary because that member’s area of the curriculum or related services is not being modified or discussed in the meeting

• Permission for this excusal is obtained through the notice of case conference

• If someone needs to leave during the CCC, ask parent permission and document in the CCC notes

Quick Overview of Goals

• Since Principals evaluate special educators, it’s good to have a basic knowledge of quality goal and IEP components.

Importance of IEP Goals

• The IEP is the foundation of a student's special education program • The IEP goals are the cornerstone of the IEP • The IEP goals are derived from the student’s present levels of

performance• You can’t set goals unless you have accurate PLOP• You can’t measure progress unless you have measurable goals

IEP Goals

• Goals should be framed in terms of annual measurement – where do you want the student to be in a year?

• All students with IEPs must have annual goals that address their educational needs related to their disability

• Only those students who are assessed using an alternate assessment to ISTEP or ECA must have benchmarks or objectives

• Goals are based on the student’s needs• Needs are determined by looking at PLOP to see in which areas the

student is not performing at the same level as his nondisabled peers• The goals should be what we expect of nondisabled students • The IEP goals explain how the student gets from "here" to "there"

IEP Goal Components

1. The direction we want to go (i.e., increase or decrease)

2. The problem we are addressing

3. The present level

4. The amount of change we want to see by the end of this IEP year

5. Measured by (standardized test, curriculum-based assessment or other method of objectively measuring progress)

Data Collection & Progress Monitoring

• Regular data collection will be part of the TOR’s weekly routine.

• Writing goals that clearly define what it is that the student will learn/do and how you will measure it will be essential.

Data Collection Strategy • Data to be collected – specific to goal, student, environment• Data collection sources – examples:

• Rubrics, checklists, observation, record of verbal responses, portfolios, shortened tests, open book tests, teacher-made tests, illustrations, reports/observations from internships and vocational experiences, hands-on performance, self-evaluation

Progress Reports

• Communicates the progress made on the IEP goals • Must be sent to parents each nine weeks, sometimes more often• Progress needs to be sufficient for the student to achieve the annual

goal by the end of the current IEP period

IEP Goals Checklist: Present Levels

• Assessment based on:• Current evaluations• Observations• Data collection• FBA• Is there an assessment method that can be employed to

determine progress throughout the year?

IEP Goals Checklist: Goals/Objectives

• Address all needs based on PLOP• Have you obtained a baseline for each goal using an assessment method that can

be employed to determine progress through the year?• Are the goals related to academic standards?• Are the goals objectively measurable?

• Need to have some objective measure of progress each nine weeks• Can someone picking up the IEP understand what is required to implement it?

• Can the goals be achieved in 12 months?• If the student will be assessed using an alternate assessment method, have you

developed benchmarks?• Are these benchmarks related to the goal?• Are these benchmarks logically stated in the order you expect them to be

achieved during the school year?

IEP Checklist: Documentation of Progress

• Is it documented as often as required by the IEP?• Is it stated in terms that have meaning?• Has the parent been advised of progress in writing?• How is lack of progress addressed? When?• Problem: goals that don’t change

IEP Implementation

Must maintain documentation of:• Implementation of goals/objectives• Provision of accommodations• Implementation of BIP• Provision of services in IEP • Progress reports• Manner in which progress reports were transmitted to parent

REMEMBER, according to IDOE, if it’s not documented, it didn’t happen

Extended School Year (ESY) Is….

• Based only on the individual student’s specific critical skills that are critical to his/her overall educational progress as determined by the IEP committee.

• Designed to maintain student mastery of critical skills and objectives represented on the IEP and achieved during the regular school year.

• Designed to maintain a reasonable readiness to begin the next year.

• Based on multi-criteria and not solely on regression.

• Considered as a strategy for minimizing the regression of skill, thus shortening the time needed to gain back the same level of skill proficiency that existed at the end of the school year.

• May be provided in the case of break-through learning opportunities, i.e., learning situations in which critical skill development will be lost or greatly reduced if not addressed in a timely fashion.

• Deliverable in a variety of environments

Extended School Year (ESY) Is NOT…

• It is not a mandated 12-months service for all students with disabilities.

• It is not required for the convenience of the school or parents and, therefore, cannot serve as a day care or respite care service.

• It is not required or intended to maximize educational opportunities for any student with disabilities.

• It is not necessary to continue instruction on all of the previous year’s IEP goals during the ESY period; rather, the focus should be on those specific, critical skills where regression, due to an extended vacation period, may occur.

• It is not to be considered to help students with disabilities advance in relation to their peers.

• It is not for those students with disabilities who exhibit regression, which is solely related to medical problems resulting in degeneration, or transitional life situations such as divorce or death of a family member. This type of regression is not due to the interruption of summer vacation.

• It is not required solely when a child fails to achieve IEP goals and objectives during the school year.

• It is not to provide a child with education beyond that is prescribed in his/her IEP goals and objectives.

Making a CCC Decision

• What’s not included? • Scheduling• Choosing a teacher

• Parents are not entitled to choose teachers or other instructional personnel. This is an administrative decision, which is made by school personnel. Letter to Wessels, 16ISELR 735 (OSEP 1990).

• While parental preference may be one factor in determining the overall outcome with respect to placement, it is not the predominate or overriding force in making a final placement decision or deciding any other matters that comprise placement. Letter to Bina, 18 IDELR 582 (OSERS 1991).

What to include in CCC notes

• The school has control of the contents of the CCC notes• We have days, not minutes, to finalize them

• Information that documents agreement, offers, refusals.• Document discussions that can show consideration of options. • Document areas that are part of the law.• Do not make it a transcript of the meeting.

• Each subject discussed, who took what position, how it was resolved• Especially capture disputed issues such as denied parent requests and rejected school offers• Capture agreements and opportunities for parent input

• This is crucial evidence when defending against legal claims

• What saying goes with this salute?

STAR TREK TRIVIA

FAPE & LRE

Continuum of Placement Options

• Free appropriate public education (FAPE) is defined as special education and related services that are provided at public expense and in accordance with an IEP

• Least Restrictive Environment (LRE) means that a student with a disability is educated with students without disabilities to the maximum extent possible for each individual student

Reduced Day

• When considering a reduced day for a student ask the team these questions:• What data do we have that supports a shortened day?• What interventions have been tried to support the student’s behavior change? • Has a FBA been completed?• Does the student have a Behavioral Intervention Plan (BIP)? • Has the BIP been adjusted? • If you shorten the student’s day, what criteria will be used to increase the day? • How will you teach the skills needed in order for this student to have a full day

of instruction?

Residential Placement

• Need to be able to carefully document all of the supports and strategies that have been utilized prior to recommending residential placement

• Need very specific data documenting implementation• Excess cost funding app through the state• Need a plan for when the student returns. This isn’t a permanent

placement

Homebound

• Medical homebound can be utilized for any student (regardless of disability)

• If a child with a disability is on medical homebound (placed there by the doctor, not a CCC decision), then the LRE remains the same as if the student were coming to school

• If homebound placement is the result of a CCC decision, the more restrictive LRE code is utilized

• The committee should be asking if the placement is really in the best interest of the child AND what the school is doing to teach the child the lagging skills so they can be successful in a less restrictive environment

New Connections

• Program providing intense behavioral instruction in alternative setting• Most children in the program have an emotional disability or autism• The program is not structured to support students with moderate or

severe cognitive disabilities• Referrals made through Program Support

Diploma Track?

• An important consideration for a CCC when making decisions about programs and least restrictive environments is whether or not the child will receive a diploma

• Removing a child from core instruction will greatly reduce their chance of graduating!

• New legislation requiring the TOR to notify the parents of high school students each nine weeks about progress towards their chosen diploma

• What is the famous line that originated from this scene?

STAR TREK TRIVIA

Responding to Parent Requests

Who may act as a parent? (7-32-70)

• Any biological or adoptive parent whose rights are not terminated or restricted

• Guardian• Foster parent• Individual with legal custody or other adult with whom the student

lives

ABA Therapy

• Letter of incapacity• IEP content remains the same• Allow the child to leave for the medical treatment as we’d allow other

children to leave for medical treatment

Private camp or preschool during school breaks

• Refer to the criteria for ESY• Discuss the option with your local coordinator or director

Dyslexia

• Explain that, in schools, dyslexia is referred to as a reading disability • Brochure on SSJCSS website about Dyslexia in schools• Discuss reading intervention strategies and the possible need for an

evaluation to look at a specific learning disability

What can a fan predict about acharacter wearing a red Starfleet uniform?

STAR TREK TRIVIA

Behavior

“The” Question

• Does the student’s behavior interfere with his or her learning or that of others?

• If it does, then a FBA & BIP may be needed• This question is answered every time a CCC is conducted • Make sure it is answered accurately

Functional Behavioral Assessment (7-32-41)

• A process that uses data• To identify patterns in a student’s behavior and• To identify the purpose or function of the behavior for the student

• Requires parent consent to conduct unless reviewing existing data• Required when

• Behavior impedes learning of self or others• Behavior is a danger to self or others

Behavioral Intervention Plan (7-32-10)

• A plan, agreed upon by the case conference committee and incorporated into the student’s IEP that describes the following:

• The pattern of behavior that impedes the student's learning or the learning of others.• The purpose or function of the behavior as identified in a functional behavioral

assessment. • The positive interventions and supports, and other strategies, to address the behavior;

and maximize consistency of implementation across people and settings in which the student is involved.

• If applicable, the skills that will be taught and monitored in an effort to change a specific pattern of behavior of the student.

• The behavioral intervention plan seeks to maximize consistency of implementation across people and settings in which the student is involved.

BIP Review & Revisions

• The case conference committee must meet to review and/or revise a BIP if one or more committee member believes that modifications to an existing plan are necessary.

• The process of evaluating the success or failure of such a plan is essentially one of trial and error. The school must collect data to demonstrate student progress and effectiveness of BIP by data collection compared to the baseline FBA data.

• If behaviors escalate and disruptive behavior is anticipated necessitating a removal, then consider additional FBA data collection along with revisions to the BIP.

• FBA data must be collected with any removal of a student for more than ten (10) consecutive days.

• A case conference committee must review an existing BIP for disciplinary actions involving suspensions of more than 10 days, expulsions, or removals to IAES.

Following a Behavior Plan

• Keep data to show that the behavior plan is reducing the behavior. • Align goals to target behavior for data collection. • Report data along with progress monitoring. If no progress, reconvene

and adjust BIP.

When a student’s behavioral actions reach your radar, one of your first questions should be about the Behavior Plan. You should review it to make sure it is being implemented as written!

In a case conference…

• So if it is decided in a case conference that a child needs a FBA1) Check yes on the IEP (that behavior impedes learning)2) Explain that this is a type of evaluative process that assists with program planning and therefore requires parent consent and a 50 day timeline. 3) If the program support person isn't in the meeting, a follow-up meeting should be scheduled with the parent to explain the process, answer questions, and obtain permission4) Enter text in the boxes that appeared in IIEP when “yes” was checked about the follow-up meeting and that the CCC will reconvene when the FBA is completed.

Is more training on FBA’s & BIP’s available?

• Yes! • There is a one hour training on the SSJCSS website that explains, in

detail the process and the forms utilized

Seclusion & Restraint

• Indiana has laws which have detailed requirements for the school’s plan, training, & documentation

• Mechanical restraints, used to restrict a student’s freedom of movement, is prohibited

• A bus harness is allowable during transportation

• Use of chemical restraints is also prohibited

Dialogue: Behavioral Interventions

Three Discussion Questions

• What student behaviors in have you been involved in supporting?

• What have you done to successfully support the student?

• What questions related to behavior do you have for our attorney?

• What is the name of the starship on which Kirk and the gang engage in their adventures?

STAR TREK TRIVIA

Discipline

What days count towards removal? 7-44-1(b) & (e)

• Article 7 defines a removal as the removal of as student for any part of a day.

• If bus transportation is part of a student’s IEP, a removal of a student off the bus is considered a removal for purposes of discipline procedures unless the school provides transportation in an alternative manner.

What are NOT considered removals? 7-44-1(c) & (d)

• A short-term removal of a student pursuant to the student’s IEP is not a removal.

• An in-school suspension is not considered a removal if, during the in-school suspension, the student has the opportunity to:

(1) progress appropriately in the general curriculum; (2) receive the special education services specified in the student’s IEP;

and(3) participate with nondisabled students to the extent the student

would have in the student’s current placement.

10 FAPE Free Days 7-44-1(a)

• Schools are not required to provide services to a student with a disability during any of the first ten (10) cumulative instructional days of removal in a school year, for violating a code of student conduct, if services are not provided to a nondisabled student who has been similarly removed.

Did you know?

• When students reach the 11th day they don’t have to be expelled or removed

• They can still be suspended according to the discipline procedures • There just needs to be a plan for providing services for each day that

they are not attending school

Services on the 11th day

On the 11th day that a student is removed from school, services must be provided that enable the student to:1) continue to participate in the general education curriculum,

although in another setting2) Progress toward meeting the goals in the student’s IEP

Homebound on days of suspension is an option

Change of “Placement”

• “Placement” is a student’s set of services as defined in the IEP• It is NOT the location• If services are changed or removed because of a disciplinary

decisions, a “change of placement” has occurred. • Procedures must occur to make sure that the “change of placement”

(change in set of services) is done in accordance with the law.

Repeated suspensions of 10 days or less 7-44-1(h)

• Once the student has received 10 days of suspension in any one school year, for any subsequent suspensions that are 10 days or less the school must determine whether a change in placement has occurred under 7-44-2

• The school administration makes this determination on a case-by-case basis

Pattern?

•In determining whether a change of placement has occurred, the school must determine whether the series of removals constitutes a pattern because:

• The series of removals cumulate to more than 10 instructional days in a school year;

• The student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals; and

• Of such additional factors as the:• Length of each removal;• Cumulative amount of time the student has been removed; and• Proximity of the removals to one another

Repeated suspensions of ten days or less

• When a decision is made to make a removal that constitutes a change of placement (i.e., the school has determined the existence of a “pattern” resulting in a change of placement), the school must notify the student’s parent and provide the parent with a copy of the Notice of Procedural Safeguards

• Notice can be notice of suspension or separate form you complete and send with procedural safeguards

Repeated suspensions of ten days or less

• Notice must be provided on the date that the school decides to make a removal that constitutes a change of placement

• The school must make and document reasonable efforts to notify the parent and provide the parent with the Notice of Procedural Safeguards

• If the school is unable to notify the parent on the date the decision is made, notice must be mailed to the parent not later than the following business day

Suspension of more than 10 consecutive days

•A removal for more than 10 consecutive school days for disciplinary reasons is a disciplinary change of placement

•Such removals are subject to the same requirements as repeated suspensions of 10 days or less that constitute a change of placement because they constitute a patterns of removals

Manifestation Determination

• Within 10 instructional days of the decision to change the placement of a student with a disability for violating the code of student conduct, the CCC must meet to determine whether the student’s behavior is a manifestation of the student’s disability

Manifestation Determination Review

• The CCC must review:• All relevant information in the student’s file• The student’s IEP• Any teacher observations• Any relevant information provided by the parent

Manifest Determination Decision

•The CCC must determine if the conduct was:• Caused by or had a direct and substantial relationship to the

student’s disability; or• The direct result of the school’s failure to implement the IEP

•If the answer to either question is yes, then the conduct is a manifestation of the student’s disability

Failure to implement IEP

• If the student’s conduct was the result of the school’s failure to implement the IEP, the school must take immediate steps to remedy those deficiencies

Manifestation of the disability

•If the conduct is a manifestation of the student’s disability, the CCC must:

• Conduct a FBA, unless a FBA previously was conducted, and develop a BIP for the student or if a BIP has been developed, review and modify the BIP, as necessary, to address the behavior; and

• Return the student to the placement from which the student was removed, unless the parent and the school agree to a change of placement as part of the modification of the BIP

Not a manifestation of the disability

• If the conduct is not a manifestation of the student’s disability, then school personnel may apply the relevant disciplinary procedures to the student in the same manner and for the same duration as non-disabled students

• However, during any removal the student must receive services

Services while removed

• The CCC must determine the appropriate services to enable the student to:

• Continue to participate in the general education curriculum, although in another setting;

• Progress toward meeting the goals in the student’s IEP;• Receive, as appropriate, a FBA and behavioral intervention services and

modifications that are designed to address the behavior violation so it does not recur

• These services may be provided in an interim alternative educational setting as decided by the CCC

Flow Chart: Disciplinary Procedures for Students with Disabilities

Included in your packet

Parent disagreement

•If the parent disagrees with the determination that the student’s conduct was not a manifestation of his or her disability, the parent may request:

• Mediation;• Due process hearing; or • Both

Expedited Hearing

• If a parent requests a due process hearing to challenge the manifestation determination, the parent may ask for an expedited hearing

• The IHO can order the student returned to his or her previous placement if the IHO determines the student’s conduct was a manifestation of the student’s disability

Waiver Process

• Form 16• Parents are not able to “waive” their due process rights under Special

Education laws

Interim Alternative Education Settings (7-44-6)

1. Carries a weapon to school or posses a weapon; OR2. Knowingly possess or uses illegal drugs or sells or solicits the sale of

a controlled substance; OR3. Has inflicted serious bodily injury upon another person at school,

on school premises, or at a school function under the jurisdiction of the Department of Education or a school.

Serious Bodily Injury (7-32-82)

"Serious bodily injury" means bodily injury that involves:

• a substantial risk of death;

• extreme physical pain;

• protracted and obvious disfigurement; or

• protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

IAES

• A manifestation determination case conference must be conducted within 10 instructional days of the move to the IAES. However, the student stays in the IAES even if the behavior is a manifestation of his disability.

• The CCC must determine the IAES and appropriate services to allow the student to: (1) continue to participate in the general curriculum, although in another setting, (2) progress toward the goals in his IEP, and (3) receive an FBA and/or BIP to address the behavior violation so that it does not reoccur.

• Parent may challenge the placement through mediation and/or expedited due process hearing.

• What is the name of the “weapon of choice” in the Star Trek world?

STAR TREK TRIVIA

Students Not Yet Identified

Student violates code of conduct and is recommended for expulsion

Parent notifies school that student has disability

Did the school have knowledge of the disability prior to the violation?

The school is deemed to have knowledge if:

112

Students Not Yet Identified

1. The parent has expressed concern in writing to licensed personnel or student’s teacher that the student is in need of special education OR2. The parent or the school has requested an evaluation of the student

OR113

Students Not Yet Identified

3. The student’s teacher or other school personnel has expressed specific concern about a pattern of behavior demonstrated by the student directly to supervisory personnel of the school

114

Students Not Yet Identified

Student may exercise all Article 7 rights relative to expulsion, beginning with right to evaluation

115

Students Not Yet Identified

1. The parent has not allowed an evaluation

OR

2. The parent has refused services

OR

The school is deemed not to have knowledge if:

116

Students Not Yet Identified

3. The school conducted an evaluation, determined the student was not eligible, and provided prior written notice of its determination to parent

OR

4. The parent has revoked consent for special education and related services pursuant to 7-42-15

• School may proceed with expulsion

117

Students Not Yet Identified

If parent requests an evaluation, school conducts an expedited evaluation*

(within 20 instructional days of signing of consent for evaluation)

CCC convenes to discuss eligibility and (if necessary) make a manifestation determination*Until the evaluation is complete, the student

remains in the educational placement determined by school authorities (may include suspension or expulsion with no services) 118

Referral to Law Enforcement and Judicial Authorities 7-44-10

1. Article 7 does not prohibit the school from reporting a crime allegedly committed by a student with a disability to appropriate authorities OR prevent state law enforcement or judicial authorities from exercising their authority in accordance with state or federal law.

2. The School must ensure that copies of educational records provided to law enforcement or judicial authorities are transmitted in accordance with FERPA and Article 7’s confidentiality rules.

3. Parental consent is not required to release records in this instance.

119

What To Do

Keep updated records Keep running total of days suspended Make the punishment fit the crime Maintain communication with parents If behavior is problem, reconvene the case conference to

discuss whether an FBA/BIP is needed

120

• Complete Kirk’s Opening MonologueSpace… the Final Frontier. These are the voyages of the starship Enterprise. It’s a five year mission: to explore strange new worlds, to seek out new life and new civilizations, to ______________________.

(hint: 8 words)

STAR TREK TRIVIA

Supporting the Team

Local Procedures & Training 7-42-1(b)

• Must ensure that staff have necessary knowledge regarding• How to arrange & document CCC meetings• How to develop an IEP, including required components• How to serve as the Public Agency Rep

Local Procedures & Training (7-42-1a)

• Written procedures to ensure appropriate administration of the CCC process

• Public Agency Rep (PAR)• Prior notice of the CCC mtg• Parent understanding of CCC process

• Agenda • Explanation of Procedural Safeguards

• Written notice to fully inform parent before they give permission• This written notice is the copy of the IEP and the Notice of Procedural Safeguards

Train Your Staff

• Alert You of Contacts from Attorneys• Even if the subpoena is directed to an individual (i.e., to testify in a custody

matter)

• Just to Listen & Promise a Response Later• If a parent’s lawyer knows the school is represented, the lawyer

cannot contact school staff directly• Take advantage of this rule if outside lawyers contact you or your staff

Train & Manage Lower Level Staff

• Ex: Aides, bus drivers, cafeteria workers, recess monitors, etc. • Passing information up the chain of command• Not oversharing with parents• Not becoming overly loyal to an immediate supervisor• Aware of obligations and embrace them (reporting abuse, know

BIP/IEP, proper use of email, etc.)

• What was the character name of the first female Starship Captain?

STAR TREK TRIVIA

Complaints & Disagreements

Confidentiality

• If someone does not have an educational need to know about a student and their situation, then they shouldn’t know

• Can’t over-emphasize the importance• Make sure your staff who need to process situations have an

appropriate avenue for discussing students and their needs• As the building leader, you set the stage for the professionalism and

expectation with confidentiality

What if there are disagreements?

• Keep the communication flowing• Public Agency Rep can make a decision on behalf of the school• May be better to reconvene than to draw a line in the sand• Any member of the CCC can submit a written opinion regarding the IEP.

• Must be submitted not later than 10 business days from the date of the CCC mtg & must remain with the student’s educational record.

Progress Wins, but Attention is good too

• It’s easy to win a hearing when you can show progress• But a lack of progress can be overcome by frequently meeting, discussing,

analyzing, evaluating, and revising the IEP

Know the Red Flags

• Requests for student records• Request for Independent Educational Evaluation• Requests that the conference be recorded• Parents have an advocate/attorney• Parents do not cooperate with the IEP process (e.g. scheduling case

conferences)• Parents take unilateral action regarding private services and schools• Very formal communication (e.g. certified letters)

Tips for Handling the Red Flags

• Request for records: Emails are not always educational records• Request for IEE: Awareness of the very short timeline to respond• Request to record conference: Allow it, but school record too• Parents unexpectedly bring an attorney: Reschedule so school’s

attorney can attend too• Parents do not cooperate with the process: Keep trying while carefully

documenting efforts (best if documented in IIEP)• Parents initiate private services: Don’t jump the gun on a written

response• Very formal communication: Cautiously investigate. Dot I’s & cross T’s

On the Verge of a Hearing Request

• Have a staff meeting• Request a CCC meeting• Consider whether IN*SOURCE (or a similar organization) could help• Take a hard look at the IEP/BIP and address any shortcomings (for

both content & implementation) • Begin gathering documentation, including emails• Warn staff not to delete anything, including emails• Limit emails going forward• Propose mediation

Our Own Dirty Laundry

• Get any internal disagreements out in the open and resolved before the CCC meeting

• Get any financial/resource issues resolved before the meeting• Understand any new developments with the parent/student before

the CCC (advocate, dramatic requests, recent missteps, failing grades, hot issues)

Avoid Low Hanging Fruit for Attorneys

• Request for IEE that sits for a few weeks• Failure to provide the parent with Procedural Safeguards• No data collection/progress monitoring• Missing deadlines• Missing CCC participants

• These may be minor, but they may support a few award

Parent Demands & School Offers

• A parent request that does not receive a school response can be disastrous

• Documenting that we considered the request and declined it for a good reason is crucial

• The response can be in a letter, email, or CCC notes• A significant request may warrant a meeting

• Any offer a parent declined never happened unless it is documented!

Manage Requests for part-time school and private providers

• Use a uniform approach to requests• Know what is going on in your buildings• Word spreads fast among parents

• Strict Response• “The IEP has been rejected and a service plan is all that is required”

• Flexible Response• Allow the part time approach in an IEP, but document the school’s offer was

appropriate and the arrangement is purely by parent request

Facilitated IEP

• Offered by the DOE• Trained facilitator comes to case conference meeting to work on

mutual agreements• Free resource

DOE Complaint

• Process led by complaint investigator at the DOE• Many times we’re able to resolve it before there is a “finding”

Mediation

• Entirely voluntary and free• Mediator does not render a decision• Mediation form specifically says that discussions are confidential• Main risk is “going above & beyond”, not getting a complete release,

and still getting a due process request

Due Process

• Immediately notify your local director/coordinator• Begin thinking about our response to each allegation (along with the

people/documents that support them)• Identify most notable trouble spots• Being gathering records, including emails• Limit emails to parents to those reviewed by you and counsel• Stop emails internally (unless with counsel)

• What is the name of the place on the starship that the crew projected images, mainly for entertainment purposes?

FINAL STAR TREK TRIVIA QUESTION

Survey Questions

• Q: If a school has interventions in place that support the student weaknesses (ex: fluency) and the parent requests for the intervention to stop because the child is not interested, what obligation do we have to stop the intervention?

Other Questions

Survey

• Thank you for your time & attention• Please complete the brief training evaluation survey & leave at the

door on your way out.