Special Education: Discipline Basics Lee Robbins Equip for - - PowerPoint PPT Presentation

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Sep 20, 2022 310 likes •465 views

Special Education: Discipline Basics Lee Robbins Equip for Equality What about Discipline? Student with a disability may be removed for no more than 10 consecutive school days for a disciplinary violation or more than ten days that

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Special Education: Discipline Basics

Lee Robbins Equip for Equality

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2 What about Discipline?

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Student with a disability may be removed for no more than 10 consecutive school days for a disciplinary violation or more than ten days that constitutes a pattern of behavior (unless exception applies)

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Exception: can automatically remove a student with a disability for 45 school days if 1) Weapon; 2) Drugs; or 3) Serious bodily injury

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3 45 SCHOOL Day Removal

 Weapon

– “dangerous weapon” 18 U.S.C. § 930(g)(2)

 Drugs

– Controlled Substance 21 U.S.C. 812(c)§ 202(c)I, II,

III, IV, or V

– Does not include legally possessed or used

substances

 Serious Bodily Injury

– “serious bodily injury” 18 U.S.C. §1365(h)(3)

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4 WEAPONS EXCEPTION

 The term “dangerous weapon” means 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 of less than 2 1/2 inches in length.

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5 SERIOUS BODILY INJURY

 Serious Bodily Injury is defined as: (a) a

substantial risk of death; (b) extreme physical pain; (c) protracted and obvious disfigurement; and (d) protracted loss or impairment of the function of a bodily member, organ, or mental function.

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6 Can a student with a disability be expelled?

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Expulsions – Educational services must still be provided so student can be able to “participate in general education curriculum” and “progress towards meeting goals set out in IEP.”

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Before an expulsion can take place, must hold Manifestation Determination Review (MDR)

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7 MANIFESTATION DETERMINATION REVIEW

 MDR is a meeting that occurs after a school suspends

a student with a disability for ten consecutive school days or more than ten days in a school year that constitutes a pattern

 IEP team decides whether a student’s behavior is a

manifestation of his/her disability

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8 What does it mean for behavior to be a manifestation of a disability?

 Behavior is a manifestation of a disability if:

– “caused by” the disability or – “Direct or substantial relationship to the disability” or – “direct result” of the school’s failure to implement the student’s

IEP

 If student’s behavior is a manifestation of his/her

disability, the student can’t be expelled without parent consent and must be returned to the pre-removal placement (unless drugs, weapons, or serious bodily injury)

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9 If behavior is a manifestation of the disability, what must the school do?

 Functional Behavior Assessment (FBA) –

evaluation to show relationship between behavior and what happens in student’s environment

 Behavior Intervention Plan (positive

interventions)

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10 What if behavior is not a manifestation of a disability?

 If the behavior is not a manifestation of a

disability, the school can use same discipline measures as with other students

 However, the school must continue providing a

free appropriate public education, even if the student is expelled

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11 Appealing Disciplinary Removal

 File for due process  Hearing - Expedited

– 20 school days from request – 10 days for decision

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What if the school wants to expel a student who has not yet been found eligible for special ed?

 Students not yet found eligible for special ed may still

be protected by IDEA under certain circumstances:

– Parent stated in writing to a supervisor, administrator or a

teacher that child may need special ed

– Parent requested evaluation – Teacher/staff expressed specific concerns about child’s

pattern of behavior directly to director of special ed or other supervisory person

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Where does a student with a disability go to school when expelled?

 Typically an alternative school  Do not confuse these alternative schools with

alternative schools that students choose to go to even when not expelled (i.e. YCCS, Alternative School Network)

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Advocacy Tips in Discipline Cases for Students with Disabilities

 Try your hardest to resolve the case prior to the

expulsion hearing

 If the case goes to a hearing, be prepared to present

mitigating evidence

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