5605 - DISCIPLINING STUDENTS WITH DISABILITIES

New Albany - Plain Local School District

Administrative Guidelines

5605 - DISCIPLINING STUDENTS WITH DISABILITIES

When a student currently receiving services under the IDEIA commits a violation of the student code of conduct warranting serious disciplinary action, the first step requires an analysis of the length of the exclusion. In those instances where a suspension is for ten (10) consecutive days or less, removal is authorized for any violation of school rules to the same extent that removal would be applied to students without disabilities. Such short-term suspensions from a program are not considered a change in educational placement and the procedural safeguards associated with the change of placement are not required.

In the instance where the removal is for more than ten (10) days for a violation of school rules, or where the cumulative total of removals of a student receiving IDEIA services exceeds ten (10) days in a school year and such removals have affected a change in the student's educational placement, two (2) basic options are available to the school district depending on the nature and severity of the student's conduct. The first option is exclusion of the student by expulsion or additional suspension from school, contingent upon a manifestation determination discussed below. The second option is a unilateral removal of the student by the District to an Interim Alternative Education Placement (IAEP), regardless of the results of the manifestation determination, for one (1) of three (3) infractions:

	A.	carrying or possessing a weapon to or at school, on school premises, or at a school function;

	B.	knowingly possessing or using illegal drugs, or selling or soliciting the sale of a controlled substance at school, on school premises, or at a school function;

	C.	inflicting serious bodily injury on another person at school, on school premises, or at a school function.

Each option is dealt with below.

[NOTE: the following provisions and protections do not apply to students who have been identified under the IDEIA but whose parents have refused initial consent for services.]

"In-school" suspensions are not considered to count toward the ten (10) days of suspension/removal as long as students are afforded the opportunity in the in-school setting to continue to participate appropriately in general curriculum, continue to receive the services specified in the student's IEP and continue to participate with non-disabled children to the extent that they would have in their current placement. Otherwise, any use of in-school suspension that does not meet this standard would be counted toward the ten (10) days suspension limit and analysis.

Whether or not an IDEIA student's removal from transportation services "counts" as a day of suspension depends upon whether or not the student receives such services as a part of his/her IEP. If those services are included in the IEP, then each day a student is removed from the bus would count as a day of suspension under the above.

In those instances where a removal is for less than ten (10) days, but the principal contemplates that further disciplinary action will probably be necessary during the school year, it is advisable to consider convening the I.E.P. Team to determine whether the student's behavior is impending his/her ability to learn, to review the appropriateness of conducting a Functional Behavior Assessment (FBA) and/or, to consider whether or not to develop a Behavioral Intervention Plan (BIP).

Expulsion or Change in Placement by Cumulative Suspensions

If the principal decides to recommend that the student be expelled from school, or if a series of suspensions beyond ten (10) days has otherwise affected a change in the student's placement, the parents are to be notified on the date the principal makes the request for the expulsion or additional suspension/removal beyond ten (10) days, accompanied by a notice of parent rights, which delineates all of the rights and procedural safeguards to which the parents and students have access in connection with an expulsion or suspension/removal to the same extent as any other student facing expulsion.

Within ten (10) school days following the decision to seek expulsion, or in those instances where the cumulative suspensions/removals of an IDEIA student have exceeded ten (10) days and affected a change in the student's placement, the I.E.P. Team is to convene to conduct a Manifestation Determination. Both IDEIA and its implementing regulations now contain guidance as to the steps that are to be followed in reaching a determination of causal relationship.

Prior to making its manifestation determination, the I.E.P. Team must review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine whether or not:

	A.	the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or

	B.	the conduct in question was the direct result of the District's failure to implement the child's IEP.

Behavior Determined NOT to be a Manifestation of the Disability

If the I.E.P. Team determines that the behavior is not a manifestation of the student's disability, the school may continue with its expulsion or suspension procedures to the same extent as it would with any other student. The I.E.P. Team is to provide for a copy of the student's special education records and disciplinary records are forwarded to the expulsion examiner for his/her consideration.

If the parents appeal the causal relationship determination through the filing of a due process complaint, the "stay put" provision takes effect and the student is to be returned to the educational placement that s/he was in at the time of the misbehavior (presumably suspension or expulsion), unless the school and the parents can agree to a different placement pending the outcome of the hearing or unless the student is in a forty-five (45) day IAEP. Either the parent(s) or the District may ask that the hearing be expedited and held within twenty (20) school days from the request and a decision be issued by the hearing officer within ten (10) school days of the hearing.

In addition, if a school considers a student to be a danger to himself/herself or others, and the student's parents ask for a hearing to dispute a finding of no causal relationship by the I.E.P. Team, the school may ask that an impartial hearing officer conduct an expedited hearing on the question of the student's placement. The child will remain in the IAEP pending the decision of the hearing officer.

If the student is expelled, the District has a continuing responsibility for providing educational services to the student. The I.E.P. Team shall consider the nature and extent of educational services to be provided in order to make available a free appropriate public education (FAPE) to the student so as to enable the student to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP.

Behavior Determined to be a Manifestation of the Disability

If a causal relationship between the student's disability and the misbehavior is determined as set forth above, the expulsion or removal beyond ten (10) days cannot go forward. The I.E.P. Team should immediately proceed to attempt to remedy any deficiencies in the IEP, the placement of the student, or the implementation of the IEP. This should include the development of strategies, including positive behavioral interventions, supports and other strategies to address the behavior so that the child will receive services appropriate to his/her needs.

In addition, the I.E.P. Team must:

	A.	conduct a functional behavioral assessment, (FBA) unless the District has already done so prior to the behavior that resulted in the exclusion/change of placement, and implement a behavioral intervention plan (BIP); or

	B.	if a BIP has already been developed, review the BIP and modify it as necessary, to address the behavior under review.

Functional Behavioral Assessment (FBA)

The general purpose of an FBA is to provide the I.E.P. Team with additional information, analysis and strategies for dealing with undesirable conduct on the part of a student with a disability, particular where such behavior impedes or interferes with the child's education. An FBA should include:

	A.	the specific behavior(s) of concern, including the intensity, frequency, and duration;

	B.	the setting where the behavior usually occurs, e.g., cafeteria, transition periods, bus, regular classroom, etc.;

	C.	the circumstances antecedent to behavior;

	D.	the consequences of the behavior;

	E.	conditions that may impact the behavior, e.g., medications, diet, schedule, etc.;

	F.	the apparent purpose of the behavior;

	G.	modification/interventions attempted to change the behavior;

	H.	behaviors that would serve as functional alternatives to the target behavior.

Behavioral Intervention Plan (BIP)

A BIP should clearly describe the target behavior(s) and the appropriate behavior that is sought, the reinforcements that will be used to modify the target behavior, and the progressively intrusive consequences that will be invoked if the target behavior does not change. The plan should address methods such as time-out, safe-haven, drawing a student back into a special education room from a regular classroom when conditions warrant, etc., all of which focus on remediating or improving a student's behavior rather than merely disciplining behavior. The plan should also describe who will be involved in the intervention (classroom teacher, aide, specialist), their respective roles and responsibilities, and how the data will be collected to assess the effectiveness of the intervention.

If deemed appropriate, the FBA and/or BIP should be completed as soon as possible.

Interim Alternative Educational Placement for Weapons, Illegal Drugs, and/or the Infliction of Serious Bodily Injury

A student may be placed in an Interim Alternative Educational Placement (IAEP) if such alternative has already been made a part of the student's IEP/BIP as well as under one of the following conditions:

	A.	The student has been found to possess a weapon or illegal drugs in school (see below).

	B.	The student has been found to have inflicted serious bodily injury on another while on school premises or at a school sponsored event (see below).

	C.	The student is considered to be dangerous to himself/herself and/or others as determined by the District and confirmed by an independent hearing officer. The I.E.P. Team may, however, choose to go directly to a court to obtain authority for an IAEP without involving a hearing officer.

The Superintendent or designee may unilaterally place a student in a forty-five (45) school day Interim Alternative Educational Placement (IAEP) if the student is found to have violated the Code of Conduct by carrying a weapon to school or a school function, by possessing, using, distributing, or soliciting illegal drugs at school or a school function, or by inflicting serious bodily injury on another while on school premises or at a school function. The definition of weapon is as follows:

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 than two and one-half (2 1/2) inches long.

The definition of serious bodily injury is as follows:

Bodily injury which involves a substantial risk of death, extreme physical pain, protracted or obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

On the day a student is placed in an IAEP for violation of the weapon or drug provision, the Superintendent or designee shall notify the parent of the decision and provide the parent with a copy of the procedural safeguards to which they are entitled. [Use the procedural safeguards produced by the State Department.]

The student's I.E.P. Team is to convene as soon as possible and no later than ten (10) days after the placement begins to determine whether or not the drug or weapons violation, or infliction of serious bodily injury was caused by or had a direct and substantial relationship to the student's disability (discussed above). If the I.E.P. Team determines that the behavior is causally related to the disability, it should review the Behavioral Intervention Plan (BIP) and make any modifications necessary to deal more effectively with the inappropriate behavior and prevent its reoccurrence. If there is no BIP, one should be developed or a behavioral assessment performed if deemed appropriate.

If the I.E.P. Team finds no causal relationship between the student's disability and the weapon or drugs violation, or infliction of serious bodily injury, the school may continue the forty-five (45) school day interim alternative educational placement (IAEP) and proceed with expulsion. Should the student's parents dispute the existence of a causal relationship, they have a right to request a special education due-process hearing. Either the parent(s) or the school may ask that the hearing be expedited and held within twenty (20) school days from the request and a decision be issued by the hearing officer within ten (10) school days of the hearing.

A student is to remain in the IAEP until a hearing and appeal decision is rendered or the forty-five (45) school days expire, whichever happens first. If the Superintendent or designee believes that a student is too dangerous to be returned to the school setting, and the forty-five (45) day placement expires before due process is complete, the Superintendent or designee may request another expedited hearing to decide the student's placement during the pendency of proceedings.

A student who is considered to be too dangerous to himself/herself or others may also be placed in a forty-five (45) school day IAEP but only after there has been a hearing to determine whether such placement is appropriate, unless the parents agree to the placement. The Superintendent or designee should request an expedited hearing and provide the hearing officer with sufficient data for him/her to determine whether or not maintaining the current placement of the child is substantially likely to result in injury to the student or others.

If the student has been placed in an IAEP by a hearing officer because of danger to the student or others, the student is to continue in that placement pending the outcome of any appeal hearing or the expiration of the forty-five (45) school day placement, whichever happens first. If the forty-five (45) school day placement expires prior to a decision by the hearing officer concerning the causal relationship dispute, the school may ask for an expedited hearing in order to determine whether the student should continue in another forty-five (45) school day interim alternative educational placement (IAEP). The school cannot unilaterally lengthen a forty-five (45) school day placement.

Retention and Transmission of Disciplinary Information

The District will include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit the statement to he same extent that the disciplinary information is included in, and transmitted with, the student records of nondisabled children. Additionally, when a child with a disability transfers from one school to another (including a county board of MRDD or other educational agency), the transmission of any of the child's records must include both the child's current IEP and any statement of current or previous disciplinary action that has been taken against the child.

The statement of disciplinary action must:

A.	specify the circumstances that resulted in the disciplinary action and provide a description of the disciplinary action taken if the disciplinary action was taken because the child:

	1.	carried a weapon to or possessed a weapon at school, on school premises, or to or at a school function under the jurisdiction of the District;

	2.	knowingly possessed or used illegal drugs, an imitation of an illegal drug, or sold or solicited the sale of a controlled substance, (see Policy 5330 - Substance Abuse, regarding counterfeit controlled substances) while at school, on school premises, or at a school function under the jurisdiction of the District;

	3.	inflicted serious bodily injury or attempted to inflict serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the District;

	4.	exhibited behavior that threatened the safety and security of staff and/or students; or

	5.	other reasons as determined by a school administrator;

B.	include any information that is relevant to the safety of the child and other individuals involved with the child.

The statement may also include a description of any other behavior engaged in by the child that required disciplinary action, and a description of the disciplinary action taken.

Suspension* or Expulsion/Removal to Alternative Educational Setting**

No further discipline contemplated and removal is for ten (10) days or less (strong encouragement to review and address behavior and IEP if necessary: Does student's behavior impede his/her ability to learn? Is a functional behavioral assessment appropriate?).

	B.	Further discipline contemplated beyond ten (10) days: Within ten (10) days of suspension or expulsion/removal.
	C.	In the case of removal to alternative educational setting for more than ten (10) school days, or where cumulative removals of more than ten (10) school days have effected a change of placement, the IEP Team must also consider manifestation determination (below).

* Suspensions of ten (10) school days or less accumulating to no more than ten (10) days per school year may be unilaterally levied by the school without parent consent.

** Removal to an interim alternative educational placement for a maximum of forty-five (45) school days unilaterally if the student brings a weapon to school or to a school function; knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school or at a school function; or inflicts serious bodily injury on another while at school or at a school function.

Causal Relationship/Manifestation Determination*

Student violates Code of Conduct: School decides to request expulsion or change to Interim Alternative Educational Placement (IAEP) for more than ten (10) days-including cumulative suspensions of more than ten (10) days that effect a change in placement.

* This determination may be made at the same conference where the behavioral assessment and plan are discussed.

Same day: School notifies parent of decision and procedural safeguards.

Within ten (10) school days: Manifestation Hearing held where relevant members of the IEP Team consider:

	A.	all relevant information in the student's file, including the child's IEP;
	B.	any teacher observations;
	C.	any relevant information provided by the parents.

And then determine whether:

	A.	the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or
	B.	the conduct in question was the direct result of the District's failure to implement the child's IEP.

Causal relationship exists if IEP Team answers "yes" to #A or to #B.

IEP Team must:

	A.	conduct a Functional Behavioral Assessment (FBA), unless the District has already done so prior to the behavior that resulted in the exclusion/change of placement, and implement a Behavioral Intervention Plan (BIP); or
	B.	if a BIP has already been developed, review the BIP and modify it as necessary to address the behavior under review.

The IEP Team determines if a change in IEP services and/or placement is warranted. Otherwise, the student returns to his/her prior placement on day eleven.

No causal relationship

	A.	Follow school's expulsion procedures (see AG 5610 - Removal, Suspension, and Expulsion). Send special education records and disciplinary records to expulsion examiner. If student is removed, District must make available a Free Appropriate Public Education (FAPE) to the student so as to enable the student to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP.
	B.	Parent may file a request for an expedited due process hearing. (If the student has been placed in an Interim Alternative Educational Placement (IAEP) for weapons, drugs, or infliction of serious bodily injury, the student remains there unless the forty-five (45) school day period expires.)

Replaces Guideline 2465A
Adopted 6/07
Revised 2/09