Inappropriate Behaviors Resulting In Disciplinary Action Revised 7/9/2012 Policy 4373, IDEA, Policy 2419 and SPL Produced by NICHCY, 2007

Policy 4373, IDEA, Policy 2419 and SPL WV Policy 4373: Expected Behavior in Safe and Supportive Schools Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Section 504 of the Rehabilitation Act of 1973 WV Policy 2419: Regulations for the Education of Students with Exceptionalities Support for Personalized Learning (SPL) - Guidance for West Virginia Schools and Districts

Policy 4373, IDEA, Policy 2419 and SPL In many special education situations, discipline of students with IEPs is a general and special education function. IDEA disciplinary actions, first, are general education disciplinary actions and, second, must comply with IDEAs federal requirements. Both sets of requirements must be observed – local/state due process and additional safeguards and procedures under the IDEA.

Policy 4373, IDEA, Policy 2419 and SPL School Administrators and Staff Responsibilities Receive report of behavior Review configuration of support identifed in SPL Determine if behavior is the violation of Policy 4373/State law Consider unique circumstances on case-by-case basis Determine disciplinary action.

Policy 4373, IDEA, Policy 2419 and SPL Authority of School Personnel All students, disabled or not, are entitled to a level of due process before they can be removed from public school for any period of time for disciplinary reasons.

Policy 4373, IDEA, Policy 2419 and SPL Authority of School Personnel School personnel may remove a student with a disability who violates Policy 4373 for not more than 10 consecutive school days.

Policy 4373, IDEA, Policy 2419 and SPL When removals total more than 10 days… the student must continue to receive educational services to enable the student to participate in the curriculum and progress toward meeting IEP goals. School personnel have the authority to make additional removals of a student with a disability for not more than 10 consecutive school days in the same school year for separate acts of misconduct – as long as those removals do not constitute a change of placement.

Policy 4373, IDEA, Policy 2419 and SPL Authority of School Personnel do not If removals do not constitute a change of placement: School personnel in consultation with one or more of the students teachers determine if services are needed to continue to participate in the general education curriculum, in another setting, and to progress on the students IEP goals.

Policy 4373, IDEA, Policy 2419 and SPL Authority of School Personnel When the removal constitutes a change of placement: Provide notice and a copy of the Procedural Safeguards to parents. Convene IEP Team to determine appropriate services. Conduct a Manifestation Determination Review (MDR) within 10 schools days to determinate if the behavior is a manifestation the students disability.

Policy 4373, IDEA, Policy 2419 and SPL Manifestation Determination Review (MDR) When a district proposes removal of a student which would exceed 10 school days due to a violation of Policy 4373, the district, parent and relevant members of the IEP Team meet to conduct MDR within 10 school days of districts decision. Relevant members of the IEP Team shall be determined by parent and district.

Policy 4373, IDEA, Policy 2419 and SPL MDR Questions The IEP Team determines: direct and substantial relationship 1.Was the behavior in question caused by or did it have a direct and substantial relationship to the disability? 2.Was the behavior in question the direct result of the districts failure to implement the IEP?

Policy 4373, IDEA, Policy 2419 and SPL Not a Manifestation Student with a learning disability ripping the pants off of a female student outside lunchroom. Randy M. V. Texas City ISD, 32 IDELR 168 (S.D.Tex 2000) 11 th -graders decision to conduct a weekend paintballraid on his high school was unrelated to his anxiety issues. Fitzgerald v. Fairfax County Sch.Bd. 50 IDELR 165 (E.D. Va 2008) Decision of a student with learning disability to bring marijuana and tobacco to school. Lancaster Elementary Sch. Dist. IDELR 53 (SEA CA 2007)

Policy 4373, IDEA, Policy 2419 and SPL is not If the behavior is not a manifestation of the students disability then….. Relevant disciplinary procedures applicable to students without disabilities may be applied in the same manner and for the same duration as for students with disabilities (except the student must continue to receive a free and appropriate public education, a FAPE). An interim alternative education setting (IAES) is determined by the IEP Team. 13

Policy 4373, IDEA, Policy 2419 and SPL is If the behavior is a manifestation of the students disability then the IEP Team shall: 1.Conduct a Functional Behavioral Assessment (FBA) and develop a Behavior Intervention Plan (BIP), if not done prior; 2.If BIP exists, review BIP and modify it, as necessary, to address behavior; and 3.Return student to the placement (unless parent and district agree to change placement as part of the BIP modification and unless the 45-day removal applies).

Policy 4373, IDEA, Policy 2419 and SPL For certain violations… Weapons Drugs Serious Bodily Injury districts may remove a student to an IAES for not more than 45 school days regardless of whether the behavior was a manifestation.

Policy 4373, IDEA, Policy 2419 and SPL For assistance, contact …WVDE Office of Special Programs Ghaski Browning Kathy Hudnall glee.k12.wv.us or