Discipline Procedures For Special Education Case Managers

Learning Objectives Develop an understanding of legal and compliant procedures to ensure students with IEPs have access to appropriate disciplinary protections as defined by state and federal law. Identify the Case Manager’s role and responsibilities as it relates to discipline for students on his/her caseload and understand how to fulfill that role. Become familiar with resources contained within the ISD’s Special Education Discipline toolkit. Apply new knowledge to a hypothetical scenario in order to identify and describe appropriate procedural steps and practice using tool kit resources.

Legal and Compliant Disciplinary Procedures for Students with IEPs

Disciplinary Protections for Students with IEPs Students with IEPs are afforded specific due process protections in cases of suspension or expulsion under state and federal law. These protections are described in the Procedural Safeguards Notice which was drafted by Michigan Department of Education’s Office of Special Education following the most recent reauthorization of the Individuals with Disabilities Education Act. Otherwise known as the “Green Booklet” in Van Buren County! The information in the Procedural Safeguards Notice is represented graphically in the VBISD Special Education Discipline Process Flow Chart Please note - Special circumstances including certain weapons, drugs, or serious bodily injury that may require mandatory suspension or expulsion are not described in the flow chart.

Special Education Discipline Process VBISD’s Guidance

Flow Chart Scenario 1 A student is found in the school building, skipping class. When they are directed to return to class by a building principal, they verbally refuse, yelling obscenities. The student is sent home for the remainder of the day and given ISS the day that follows. What are the next steps?

Flow Chart Scenario 2 A student is found in possession of a knife on school property and suspended for 180 days with expulsion pending. What are the next steps?

Flow Chart Scenario 3 A student’s disciplinary record is as follows. Physical altercation with 1 peer - 3 Days OSS Physical altercation with multiple peers - 5 Days OSS Physical altercation with multiple peers - 10 Days OSS What are the next steps?

Flow Chart Scenario 4 A student’s disciplinary record is as follows. Insubordination in the classroom - Lunch detention Insubordination in the classroom - 1 Hour ISS Insubordination in the lunchroom - I Day ISS Making verbal threats towards a peer - 1 Day ISS Engaged in a physical altercation with a peer - 3 Days OSS Insubordination in the classroom - 1 Day ISS Physical altercation with a peer - 5 days OSS What are the next steps?

Flow Chart Scenario 5 A student has been involved in a physical altercation with another student. The student threw the first punch and has been suspended for 10 consecutive days. What are the next steps?

The Case Manager’s Role and Responsibilities in the Process

Why are Case Managers Involved in Discipline? Removals as a result of discipline have a substantially negative impact on a student’s development and academic achievement. Disciplinary referrals are a source of data that must be used to tell the complete story of a student’s needs in the IEP. We must consider the need for behavioral supports for any student who has disciplinary referrals (and document that in the IEP) regardless of a student’s eligibility area or whether they receive social work services. As advocates for our caseload students, It is our responsibility to ensure disciplinary protections are afforded to our students.

Start at the Top Your Responsibility Monitor and track caseload student’s disciplinary referral(s). Prompt Building Administration and SPED Team when next steps are required. How do you do it? Fill out a Discipline Tracking Log for each student. Any removal - even 1 hour of ISS - count as as 1 removal.

Less Than 10 Cumulative Removals Your Responsibility Review IEP Consider Need to Develop or Revise FBA and PBSP How do you do it? If an FBA is needed - obtain parent consent.

More Than 10 Cumulative Removals Your Responsibility Determine whether there is a Pattern of Behavior leading to Removals that Constitutes a Change in Placement. How do you do it? Complete Pattern of Behavior & Removals Worksheet with appropriate team members.

Not a Pattern Your Responsibility Determine offer of FAPE services for any removal over 10. How do you do it? Document FAPE services on FAPE services log.

More Than 10 Consecutive Removals or a Pattern Your Responsibility Hold MDR within 10 school days of determination. Determine offer of FAPE services. How do you do it? Contact parent/guardian. Complete Invitation in Tienet - inviting all IEP team members including a Gen Ed Teacher. Document FAPE services on FAPE services log.

Not a Manifestation Your Responsibility Review or Develop FBA & PBSP. How do you do it? Schedule REED meeting to obtain parent consent for FBA if it is not yet developed. IEP will follow.

Is a Manifestation Your Responsibility Review or Develop FBA & PBSP. Remedy deficiences in the IEP. How do you do it? Schedule REED meeting to obtain parent consent for FBA if it is not yet developed. Hold IEP or IEP amendment meeting.

Discipline Tool Kit

Our District’s Procedure

Let’s try it!

Your Task Necessary Materials Your Task VBISD’s Discipline Flow Chart District Discipline Procedure Access to Discipline Tool Kit Documents Hypothetical student summary Discipline Records for the hypothetical student Your Task Follow the Discipline Flow Chart and District Discipline Procedure as the student’s school year progresses - from the perspective of discipline referrals Outline steps that would be necessary as Case Manager for this Student. Be prepared to share your thoughts.

Scenario 1 Background Information You are the Case Manager for Student One who is a 10th grade female student eligible for Special Education due to a Learning Disability in Math Calculation, Basic Reading and Reading Fluency. She receives Resource Room support for both math and reading. She does not receive any ancillary support services. Her IEP does not reflect consideration of positive behavioral supports and no FBA has been completed. There are no known medical diagnosis.

Scenario 2 Background Information You are the Case Manager for Student Two who is a 6th grade male student eligible for Special Education services due to Autism Spectrum Disorder. He receives the majority of his instruction in a Self-Contained classroom within a local school setting. He receives both School Social Work and Speech and Language services. His IEP does not reflect consideration of positive behavioral supports and no FBA has been completed. His family is pursuing medical treatment for what they describe as problems with attention and depression.

Scenario 3 Background Information You are the Case Manager for Student Three who is an 8th grade male student eligible for Special Education services due to an Emotional Impairment. He receives the majority of his instruction in the General Education setting with inclusive support in reading and math. He receives consultative School Social Work services. His IEP includes a social- emotional PLAAFP, an annual IEP goal related to behavior and a daily behavior sheet where the target behaviors include following directions, completing assigned task, refraining from negative comments. No FBA has been completed and the Tienet PBSP has not been completed.

Scenario 4 Background Information You are the Case Manager for Student Four who is a 6th grade male student eligible for Special Education services under the Otherwise Health Impaired eligibility due to a medical diagnosis of Oppositional Defiance Disorder and ADHD. He is prescribed medication for his medical conditions but he does not take them reliably and his mom reports he frequently becomes aggressive towards her when asked to take the medication. He receives the majority of his instruction in the General Education setting with inclusive support in math. He also has a resource period focused on specialized instruction for Math. His IEP includes a social- emotional PLAAFP and an annual IEP goal related to learner behaviors (participating in class). No FBA has been completed and no PBSP has been developed.

Scenario 5 Background Information You are the Case Manager for Student Five who is an 8th grade male student eligible for Special Education services due to a Learning Disability in Math Calculation and Problem Solving, Reading Fluency and Comprehension. He receives the majority of his instruction in the General Education setting with inclusive support in math and reading. He also has a resource period which is split between specialized instruction for reading and math. He does not receive any ancillary support services. His IEP does not reflect consideration of positive behavioral supports and no FBA has been completed. There are no known medical diagnoses.

Questions about Special Education Discipline? Please Contact… Your Regional Supervisor of Special Education Wendy Minor, PLanner/Monitor; email address wminor@vbisd.org Dave Manson, Assistant Superintendent; email address dmanson@vbisd.org