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Disciplining Studentswith Disabilities
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DE" and Discipline$ "ll children deser#e sa%e, well&disciplinedschools ' orderly learning en#iron(ents
$ Educators need the tools to pre#ent(isconduct ' discipline proble(s
$ )he law see*s a balanced approach
between need %or sa%e schools ' pro#isiono% a +"PE$ EPS with beha#ior inter#ention strategies
can decrease discipline proble(sYell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed
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Congressional ntent$ )o help schools respond appropriately
when students with disabilities e hibitserious (isconduct
$ )o help EP tea(s to appropriately addressproble( beha#iors through the EP process - "ssess(ent
- .oals - Special education ser#ices and generaleducation (odi%ications
- Progress (onitoringYell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed
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)hree a or Points in DE"$ DE" 1 3 e(phasi4es positi#e beha#ioral
inter#entions ' supports
$ School o%%icials (ay discipline studentswith disabilities in the sa(e (anner as theydisciplined nondisabled students, with a%ew e e(ptions
$ Discipline should be addressed through theEP process
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Procedural Requirements :
Knowing what the law requiresand fulfilling those requirements
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E a(ples o% Procedural5iolations
$ Suspending a student without pro#iding notice$ Suspending a student with disabilities in e cess
o% 0 consecuti#e school days$ Suspending a student inde%initely or serially$ Changing a student7s place(ent without using the
procedural (echanis(s o% the DE"
$ +ailing to conduct a (ani%estation deter(inationa%ter suspending a student %or 0 consecuti#edays or changing place(ent
$ +ailing to conduct a +8" or de#elop a 8 PYell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed
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Substantive Requirements :
Developing an educational program that confers meaningful
educational benefit
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E a(ples o% Substanti#e5iolations
$ +ailing to address beha#ior in the EP$ Conducting an +8" that does not
address the %unction o% beha#ior $ De#eloping a beha#ior inter#ention planthat is entirely reacti#e 9i!e!, crises(anage(ent plan:
$ +ailing to pro#ide +"PE duringsuspension, e pulsion, or in an "ES
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a or "reas o%
E(phasis: DE" e(phasi4es the use o% positive beha#ioralinter#entions and supports %or students with
disabilities who e hibit proble( beha#ior 2: School o%%icials (ay discipline students with
disabilities in the sa(e (anner as theydiscipline nondisabled students with a %ewe ceptions 9i!e!, suspension ' e pulsion:
;: Discipline should be addressed through the EPprocess
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Disciplining Students
$ In Loco Parentis - English co((on law
- Discipline$ ondiscri(inatory discipline Yell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed
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School&wide Discipline
$ School&wide rulesClear
Co((unicated$ School&wide conse=uences
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DE" ' School&wide
Discipline$ Students with disabilities are sub ect to
school&wide discipline procedures$ E ceptions - ?hen procedures depri#e students o% their
special education ser#ices - )rigger the procedural sa%eguards o% the DE" - nter%eres with a student7s EP, 8 P, or Section
@0A plan
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EPs and School Discipline
$ % the EP deter(ines thatB - )he student will be sub ect to the school&wide
discipline policy, and - )he policy does not #iolate DE" 1 3
$ )he tea( (ay use the EP to a%%ir( that astudent will be sub ect to school&widediscipline practices
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Due Process
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>ondiscri(inatory Discipline
$ "ll students with disabilities are co#ered bySection @0A
$ Section @0A prohibits discri(ination - )he une=ual treat(ent o% persons with
disabilities based solely on the basis o% their
disability$ Schools (ust not #iolate Section @0A when
disciplining students with disabilitiesYell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed
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5iolations o% Section @0A
$ sing discipline procedures with students with disabilitiesthat are not used with nondisabled students
$sing discipline procedures with students with disabilitiesthat are (ore harsh than those used with nondisabled
students$ Suspending 9long&ter(:, e pelling, or changing place(ent
o% a student with disabilities %or (isconduct that is related to the his or her disability
$ sing disciplinary procedures that are prohibited in astudent7s EP or @0A plan
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Ensuring Co(pliance
$ ?hen appropriate, use the sa(e disciplineprocedures %or all students$ nclude discipline policy in EP or @0A plan
$ Conduct (ani%estation deter(inations toassess relationship
$ "ll school o%%icials ' teachers (ustunderstand the contents o% EPs and @0Aplans
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Proble( 8eha#ior ' the EP
% a student7s beha#ior negati#ely
a%%ects his or her learning or thelearning o% others, the EP tea(shall consider strategies including
positi#e beha#ioral inter#entions,strategies, and supports toaddress that beha#ior 9 DE" 20 !S!C! A A9d:9;:98:9 :
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?hat Does )his eanF
$ (pedes is de%ined by the EP tea($ Congress created a pre%erence %or
- Proacti#e progra((ing - Positi#e inter#entions - Proble(&sol#ing
$ EP tea(s (ust de#elop proacti#eprogra(s that teach appropriate beha#ior,not si(ply reduce inappropriate beha#ior
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?hat 8eha#iorsF
$ 8ased on litigation we can in%erBDisrupti#e beha#ior that inter%eres withteaching ' learning>onco(pliance
"buse o% propertyPhysical ' #erbal abuse
"ggression
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)he 8eha#ioral EP
$ " beha#ioral EP is no di%%erent than any other EP - t includes a beha#ioral co(ponent
$ )here is no power in the EP process to re=uire thatparents do anything
- )he DE" is about what school districts, not parents, (ustdo$ )he EP should identi%y a discipline hierarchy '
beha#ior (anage(ent procedures that (ay be used
$ )he beha#ioral EP (ust be proacti#e and %ocusedon s*ill building
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"ddressing Proble( 8eha#ior
: ?hen a student engages in proble(beha#ior, deter(ine i% the beha#ior i(pedes
his/her learning or the learning o% others2: % yes, conduct an assess(ent o% thebeha#ior
;: De#elop a plan based on the assess(ent,that reduces proble( beha#ior ' increasessocially acceptable beha#iors
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"ddressing Proble( 8eha#ior
"ssess(ent 9+8":$Present Ge#els o% "cade(ic "chie#e(ent ' +unctional Per%or(ance
De#elop the EP$.oals
$Special education based on peer&re#iewed research$Supple(entary ser#ices ' Progra( (odi%ications
$Progress&(onitoring
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+unctional 8eha#ioral
"ssess(ent• A set of assessment procedures used to identify
the purpose (or function ) of problem behavior– Because problem behavior is typically purposeful,
we cannot change it successfully in the long runwithout trying to discover what the purpose (orfunction) of the behavior is
– The goal of FBA is to gather information aboutfactors that reliably predict and maintain problembehavior
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+8"s ' Suspension
i% the local educational agency did not conduct a%unctional beha#ioral assess(ent and i(ple(ent
a beha#ior inter#ention plan !!!be%ore the beha#iorthat resulted in the suspension!!!the agency shallcon#ene 9the EP tea(: to de#elop anassess(ent plan to address that beha#iorH or i%the child already has a beha#ioral inter#entionplan, the EP tea( shall re#iew the plan and(odi%y it, as necessary 9 DE" "(end(ents, A @
9*:9 :98:9i&ii::!
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?hen is an +8"
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8eha#ior nter#ention Plan8ased on an +8"Plan (ust includeB
8eha#ioral Supports ' Positi#e beha#ioralinter#entions)he 8 P is not ust a discipline plan, although adiscipline plan (ay be included 9i!e!, crises(anage(ent:
% not in EP, the plan (ust be written within 0days o% disciplinary action 9suspension:)he pri(ary purpose o% the 8 P is to teachappropriate replace(ent beha#iors
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" 8 P ust "nswer the+ollowingB
$ ?hat is the %unction o% the beha#iorF$ ?hat is the inappropriate beha#ior to be reducedF$ ?hat will happen when the inappropriate beha#ior
is e hibitedF$ ?hat is the appropriate replace(ent beha#ior to
be taughtF
$ ?hat will happen when the correct beha#ior ise hibitedF$ Iow will *now when the plan is wor*ing
9Progress&(onitoring:Yell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed
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DisciplinaryProcedures
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Discipline$ nless a disciplinary in%raction is the
direct result o% a child7s disabilities 9i!e!,caused by or has a direct andsubstantial relationship to, or is a directrelationship o% a school7s %ailure toi(ple(ent an EP:, the child will be
disciplined in the sa(e (anner as anondisabled child!
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Short&ter( Disciplinary
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Educational Ser#ices
$ ust be deter(ined by the EP tea( - % under 0 cu(ulati#e days, ser#ices can
be deter(ined by an ad(inistrator 'teacher
$ ust allow the student toB -
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ultiple Short&ter(
Suspensions$ " series o% short&ter( suspensions %or di%%erent
incidents (ay be per(issible as long as they donot constitute a change in place(ent
$ EP tea( (ust decide when suspensions are aplace(ent change - Gength o% re(o#als
- )otal a(ount o% ti(e that the student isre(o#ed
- Pro i(ity o% re(o#als to one another
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Gong&ter( Disciplinary
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sing Short&ter( Suspensions$ De%ine beha#iors that will lead to SS$ nclude SS in student7s EP
$ se SS care%ully ' only in e(ergencies$ Jeep thorough records o% the a(ount o%
days o% suspension
$ )he %re=uency ' a(ount o% short&ter(suspensions, i% e cessi#e, (ay beindicati#e o% a de%ecti#e EP
$ Conduct a +8" and de#elop a 8 PYell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed
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Gong )er(
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Dangerousness
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ani%estation Deter(ination " (eeting to e#aluate the relationship between astudent7s disability and his or her (isconduct
" (ani%estation deter(ination is re=uired when adiscipline sanction could result in a change o% place(ent
)he re#iew (ust be conducted by the district, the parents,and rele#ant (e(bers o% the EP tea( deter(ines therelationship between disability and (isconduct
No relationship &Gong ter( suspension and e pulsionare a#ailableRelationship &Gong ter( suspension and e pulsion arenot a#ailable
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Conducting the Deter(ination.ather rele#ant assess(ent data ' re#iew theincident
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nteri( "lternati#e
Educational Setting 9 "ES:"ES place(ent i% re=uired when suspension is in
e cess o% 0 cu(ulati#e days or in the case o% aA@ school day re(o#al)he "ES is deter(ined by the EP tea(
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GE" "ctions During
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Stay&Put Pro#isionDuring the pendency o% due process proceedings,unless the parents and GE" agree otherwise, thestudent shall re(ain in the then current place(ent920 SC A @9 ::)he stay&put pro#ision is abrogated in situationswhere a student is (o#ed to an "ES %orweapons, drug o%%enses, or i% the student seriouslyin ures another student or by the order o% ahearing o%%icer )he parent is entitled to an e pedited hearing
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P i % S d
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Protections %or Students>ot Yet Eligible
$ "n GE" is dee(ed to ha#e *nowledge that a student is astudent with a disability i%, be%ore the beha#ior thatprecipitated the disciplinary action aB
- Parent e pressed concern in writing to an ad(inistratoror teacher - Parent had re=uested e#aluation o% the child - )eacher or other school or GE" personnel e pressed
concerns about a pattern o% beha#ior to ad(inistrator
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Per(itted Procedures
MDisciplinar procedures usedroutinel with all students and in
the district!s discipline plan
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E(ergency Procedures"Procedures underta#en to protect
students or sta$$
((ediate Suspension 9N 0 days:
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n#ol#ing Gaw En%orce(ent$ School o%%icial7s can report students to law
en%orce(ent -
Procedural protections that apply to cri(esare go#erned by cri(inal law not the DE"
$ Gaw en%orce(ent o%%icials can obtain astudent7s records - ust con%or( to +E
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Controlled Procedures
"Le%all sound i$ not abused or appliedin a discri&inator &anner
Seclusion/ solation )i(eoutn&School Suspension
ut&o%&School Suspension 9N 0 days:nteri( Setting 9N 0 days:
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)i(e ut
$ State beha#iors that will lead to ti(e out$ De%ine ti(e out
- )ype
- Gength -
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n&School Suspension$ State beha#iors that will lead to SS$ De%ine SS
- ?here
- ?ho will super#ise$ nclude SS in the EP$ Sta%% training$ Docu(ent the use o% SS$ Collect data to deter(ine e%%ecti#eness$ Do not abuse or use e cessi#ely
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ut&o%&School Suspensions$ State beha#iors that will lead to SS$ De%ine SS$ nclude SS in the EP
$ Sta%% training$ Docu(ent the use o% SS$ Collect data to deter(ine e%%ecti#eness$
Do not abuse or use e cessi#ely$ Jeep trac* o% SS
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Prohibited ProceduresMProcedures that unilaterally changeplace(ent, deny the child a +"PE, or
discri(inate based on a disabilitynilateral Change o% Place(ent
Serial or Gong&)er( SuspensionsE pulsions