DISCIPLINE & DUE PROCESS 2007 Changes to NYS’ Special Education Laws and Regulations

2 Discipline

3 Due Process Protections for ALL Students Suspension 5 school days or less: - written notice and phone call - right to request an informal conference Suspension in excess of 5 consecutive school days: - written notice - fair hearing with Superintendent - alternative education

4 Additional Protections for Students with Disabilities (Suspended/Removed for more than 10 school days in a school year) Procedural Safeguards Notice to parent FAPE (Free Appropriate Public Education) Manifestation Determination Functional Behavior Assessment / Behavior Intervention Plan Expedited due process hearing Protections for students “presumed to have a disability” including expedited evaluations

5 Pattern of Removals Series of suspensions or removals that cumulate to more than 10 school days in a school year and Student’s behavior is substantially similar to student’s behavior in previous incidents that resulted in the series of removals Additional factors (length, total time, proximity of suspensions to one another)

6 Pattern of Removals (cont’d) - Determination on a case-by-case basis - Subject to due process challenge

7 Functional Behavioral Assessments Behavioral Intervention Plans Whenever there is a manifestation determination (behavior is related to the student’s disability), CSE must: Conduct an FBA Implement (or review and modify) a BIP).

8 Determining Services and Setting (Suspended/Removed for more than 10 school days in a school year) No disciplinary change in placement – school personnel in consultation with the student’s teacher Disciplinary change in placement – the CSE

9 Expedited Impartial Hearings No sufficiency challenge Resolution session within 7 days Resolution period ends at 15 days Impartial hearing within 20 school days of date complaint filed IHO decision within 10 school days after hearing No extensions

10 DUE PROCESS

11 Prior Written Notice “Notice of recommendation” Prior Written Notice must be on a form prescribed by the Commissioner, beginning on January 1, 2009

12 Meeting Notices Meeting notice must be on a form prescribed by the Commissioner, beginning January 1, 2009

13 Procedural Safeguards Notice To parent at least once a year, and upon initial referral or parental request for evaluation; first filing of a due process complaint notice to request mediation or an impartial hearing; request by the parent; whenever there is a disciplinary change in placement receipt of first State complaint in a school year received from a parent; vesid.nysed.gov/specialed/publications/policy/psgn807.pdf

14 Mediation Mediator: no personal or professional interest that conflicts with objectivity Repeals that parent and district may be asked to sign a confidentiality pledge prior to mediation

15 Due Process Complaint Notice (Sufficiency Challenge) Impartial hearing officer (IHO) must be notified within 15 days of receipt of the complaint notice No challenge during an expedited impartial hearing (discipline issues)

16 Resolution Process Steps to ensure parent participation Failure of parent to participate School may request IHO dismiss parent complaint at the conclusion of 30 days Parent may request IHO begin hearing if district fails to convene meeting within 15 days of receipt of complaint

17 Impartial Hearings School district request for hearing Hearing commences within 14 days after IHO is appointed

18 Impartial Hearings (cont’d) Parent request for hearing Hearing commences within 14 days after Parties waive resolution meeting; or IHO notified resolution meeting held and no agreement reached; or Expiration of 30 day period; unless  parties agree to continue mediation after 30 day resolution period, then hearing begins 14 days after either party withdraws from mediation.

19 State Complaint Procedures Information required in a complaint Party filing complaint must forward a copy to the district at same time sent to SED District must provide parent with copy of Procedural Safeguards Notice upon receipt of first State complaint in that school year. Timeline to resolve complaint may be extended if parties agree to mediation Alleged violation occurred within one year Remedy may include compensatory services

20 Pendency Child transitioning from early intervention (EI) to preschool District not required to provide EI services If found eligible, district must provide those services not in dispute between parent and district.

21 Surrogate Parents For unaccompanied homeless youth Appropriate staff of emergency shelters, transitional shelters, independent living programs and street outreach programs may be appointed as temporary surrogate parents until another surrogate can be appointed

22 Resources licy/psgn807.pdf licy/psgn807.pdf ber2007/0907bra5.html ber2007/0907bra5.html licy/discipcover.htm licy/discipcover.htm licy/complaint.pdf licy/complaint.pdf