Legal and Compliance Issues January 9, 2012

 IEP Implementation  Discipline

 IEP must be implemented as written  All components of the IEP MUST be implemented as written  Behavior Intervention Plan is a component of the IEP and MUST be implemented as written  Must have proof of implementation ◦ Scheduling, lesson plans, progress monitoring data, etc.

 Changes to the IEP can only occur through the IEP Team meeting process and/or IEP Amendment (only to be used on RARE occasions)  NO exceptions to implementation  No excuses accepted for failure to implement

Questions?

 District just received notification that we were non-compliant with IDEA in relation to the discipline of SWDs ◦ Risk Ratio for Bibb was higher than 3.0 for FY10 and FY11 ◦ Requires completion of District Self Assessment monitoring Protocol ◦ DOE review to determine of assessments, policies and procedures relative to the discipline of SWDs

 Expected to follow the Bibb County School District’s Code of Conduct unless otherwise specified in the IEP  Proactive approaches rather reactive behavior management should be practiced  Behavioral expectations should be taught, modeled, and monitored  Behavioral problems exhibited by SWDs should be reviewed by the IEP team ◦ Functional Behavioral Assessment (FBA) conducted ◦ Behavior Intervention Plan (BIP) developed

 May be suspended for NO more than 10 consecutive or cumulative days  Services are NOT required for first 10 days of suspension  If suspensions exceed 10 days (only in special circumstances involving weapons, drugs, inflicting serious bodily injury) services MUST be provided  ISS suspensions may be considered a “cessation of services” if IEP services and participation in general curriculum DO NOT occur

 Bus suspensions may be considered a “cessation of services” if related service transportation is defined on student’s IEP

 Days 1-5 of Suspension ◦ Case Manager and other staff directly involved with the student convene immediately upon student’s return to review the incident and to address concerns regarding the student (may or may not be an IEP meeting but must be documented) ◦ Case Manager monitors OSS and ISS days of student

 Days 6-7 of Suspension ◦ Case Manager and other staff directly involved with the student convene immediately upon student’s return to review the incident and to address concerns regarding the student (may or may not be an IEP meeting but must be documented) ◦ Case Manager monitors OSS and ISS days of student ◦ IEP Team must convene to review current IEP including goals, services, BIP, etc.

 Days 8-10 of Suspension ◦ Case Manager and other staff directly involved with the student convene immediately upon student’s return to review the incident and to address concerns regarding the student (may or may not be an IEP meeting but must be documented) ◦ Case Manager monitors OSS and ISS days of student ◦ IEP Team must convene to review current IEP including goals, services, BIP, etc. ◦ Case Manager notifies Lead Teacher, Zone Coordinator

 Would be considered more than 10 days suspension so all previous information applies  Requires a Manifestation Determination Review ◦ Was the behavior caused by or have a direct and substantial relationship to the student’s disability? ◦ Was the behavior a direct result of the system’s failure to implement the IEP?  Does not terminate a student’s rights to receive Free Appropriate Public Education (FAPE)

 Two prong requirement for continuation of services: ◦ Continue to participate in the general curriculum ◦ Enable the student to progress toward meeting IEP goals  IEP meeting must be convened within 3 days of the guilty verdict and assigned disposition set forth by Hearing Officer

Questions?