Key Issues in Discipline The 2004 Amendments to IDEA Produced by NICHCY, 2007.

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Presentation transcript:

Key Issues in Discipline The 2004 Amendments to IDEA Produced by NICHCY, 2007

This module looks at... Overview of discipline provisions in 2004 Amendments to IDEA What’s retained, what’s expanded, what’s new Case studies Produced by NICHCY, 2007

O verview of IDEA’s Discipline Provisions Authority of school personnel Manifestation determination Services provisions Interim alternative educational setting (IAES) Appeals Child’s placement during appeals Protections for children not determined eligible for special education and related services Change of placement because of disciplinary removals Additional aspects Produced by NICHCY, 2007

A uthority of School Personnel Child violates a code of student conduct Produced by NICHCY, 2007

A uthority of School Personnel What happens if the child violates a code of student conduct again? Produced by NICHCY, 2007

A uthority of School Personnel And on the 11 th day… Produced by NICHCY, 2007

D efining “Change of Placement” Produced by NICHCY, 2007

P arent Notification Requirements: § (h) On the Date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct… The LEA must: notify the parents of that decision, and provide the parents the procedural safeguards notice Produced by NICHCY, 2007

A uthority of School Personnel Case-by- Case New Authority in IDEA School personnel may consider any unique circumstances on a case-by- case basis in determining whether a change of placement is appropriate for a child with a disability § (a) Produced by NICHCY, 2007

A uthority of School Personnel Special Circumstances Produced by NICHCY, 2007

Manifestation Determination New Standards in IDEA

M anifestation Determination -- If Yes -- Produced by NICHCY, 2007

M anifestation Determination – If No – (D etermination is that behavior is not a manifestation) Child is disciplined in the same manner and for the same length of time* as a child without disabilities would be disciplined except that services provisions apply * Child continues to receive services as described in (d) Produced by NICHCY, 2007

W hen Services Are Required Under § (d) How is the services determination made? Where will the child receive those services? Who decides? Produced by NICHCY, 2007

A ppeals Requesting an appeal… No, not that kind of peel! Yes, that kind! Produced by NICHCY, 2007

A ppeals: Authority of Hearing Officer Hearing officer makes determination on the appeal on an expedited basis Produced by NICHCY, 2007

C hild’s Placement During Appeals Here— Or there? Produced by NICHCY, 2007

Basis of Knowledge P rotections at § & Produced by NICHCY, 2007

F inal Aspect Reporting crimes committed by children with disabilities Produced by NICHCY, 2007

P utting It All Together Edward. L L iz. Charlie. Produced by NICHCY, 2007