1. Discipline Requirements
Presented By
The New Jersey Department of Education,
Office of Special Education Programs
December 2006

2. Overview and Goals
Provide clarification on recent amendments to the IDEA 2004 discipline requirements and N.J.A.C. 6A:14
Provide a resource to facilitate decision-making regarding suspensions (removals from program) and a tool for districts to review internal disciplinary procedures and align those procedures with IDEA 2004, N.J.A.C. 6A:14 and N.J.A.C. 6A:16 requirements
Provide examples and an opportunity to apply skills learned
12/18/06

3. Unique Circumstances N.J.A.C. 6A:14-2.8(b)
School district personnel may, on a case-by-case basis, consider any unique circumstances when determining whether or not to impose a disciplinary sanction or order a change of placement for a student with a disability who violates a school code of conduct.
12/18/06

4. What constitutes a removal?
Applies to classified pupils and those with a potential disability (basis of knowledge)
Suspensions from school—removal to an interim alternative educational placement
Expulsions
Suspension from transportation (when as a result, the child does not attend school)
In-school suspension, unless the program provides the following:
Opportunity for students to progress in the general education curriculum
Services and modifications specified in the IEP
Interaction with peers commensurate with the IEP
Services do not penalize the student with regard to grades, credit or attendance.
Certified teacher (general or special education)
12/18/06

5. For Removals of TEN (10) or fewer days
Student is subject to the same disciplinary policy as non-disabled students
N.J.A.C. 6A: (new requirement for ALL students)
Case manager and student's parent are notified of each removal (in writing, including reason for removal and number of days)
N.J.A.C. 6A:14-2.8(a)
Tracking system implemented
12/18/06

6. For Removals of TEN (10) or fewer days
What services must be provided?
State and Federal regulations require that students with disabilities who are suspended or expelled are entitled to receive a FAPE [6A:14-1.1(b)]
Students with disabilities are provided services in the same manner as general education students [6A:14-2.8(a) and 34 CFR (d)]
Students with disabilities receive services consistent with the IEP [N.J.A.C. 6A:16-7.2(a)5ii]
12/18/06

7. Procedures for Long-term Suspensions
Districts are required to conduct a formal hearing before the district board of education [N.J.A.C. 6A:16-7.3(a)10]
Purpose—For the student to contest whether or not he/she committed the offense and/or the appropriateness of the penalty
Conducted by the board of education or may be delegated to a committee, school administrator or impartial hearing officer
12/18/06

8. Procedures for Long-term Suspensions (con’t.)
Shall take place no later than 30 calendar days following the day the student is suspended
Results of the hearing may be appealed to the Commissioner of Education
12/18/06

9. More than TEN (10) Consecutive Days
AUTOMATIC change in placement
Provide the parent with a copy of PRISE
On the date a decision is made to initiate a removal of a student that constitutes a change in placement because of a violation of a code of student conduct
34 CFR § (h)
Convene a meeting of the relevant IEP team members including the parent
Conduct a Manifestation Determination (MD) within 10 school days of the decision to remove the student
For additional suspensions of more than 10 consecutive days in the same school year, the MD must be conducted prior to the removal.
12/18/06

10. Manifestation Determination
Behavior IS a manifestation of the disability:
May NOT suspend (remove) the student
May change the student’s program and/or placement (IEP team makes the determination)
Must review behavior intervention plan (BIP)
If there is no BIP, conduct a functional behavioral assessment (FBA) and develop a BIP
If a formal assessment is necessary as part of the FBA, parental consent is required
12/18/06

11. Manifestation Determination
Behavior IS NOT a manifestation of the disability:
May suspend (remove) the student
Must continue to provide educational services
As appropriate (case by case basis):
Review behavior intervention plan (BIP)
If there is no BIP, as appropriate, conduct a functional behavioral assessment (FBA) and develop a BIP
If the school decides to conduct a formal assessment as part of the FBA, parental consent is required
12/18/06

12. Appeals of Discipline Decisions
A parent may challenge the following:
When there is a disagreement between the district and the parent regarding whether a series of removals is a change in placement
Manifestation determination
Removal to an interim alternative educational setting
12/18/06

13. Placement During an Appeal
When an appeal has been filed by the parent, the student must remain in the interim alternative educational setting pending the decision of the hearing officer OR until the expiration of the time period for the suspension, whichever comes first, unless the parent and the district agree otherwise.
12/18/06

14. Example 1
Stewart was suspended for 15 days for pulling the fire alarm. (This is the first disciplinary action in the current school year. “Services” began on day 5, per N.J.A.C. 6A: )
WHAT ACTION(S) MUST BE TAKEN?
DAYS 1—Parent and case manager notification/PRISE to parent (prior to removal)—informal hearing 2 3 4
5—day 5 rule—services begin 6 7 8 9
10—MD meeting must occur by this day because student may have to return to school on Day 11 if it is a manifestation
11—If behavior was not a manifestation, services continue—may be a continuation of day 5 services, or something more 12 13 14 15
In this case, the school will be operating in conjunction with other officials. Formal board hearing must be held—no later than 30 days following first day of suspension.
12/18/06

15. More than TEN (10) Cumulative Days
Determine if removal constitutes a change in placement.
School officials shall make this determination in consultation with the student’s case manager.
12/18/06

16. Change in Placement Factors to Consider
A change of placement occurs if the student is subjected to a series of removals that constitute a pattern because they accumulate to more than 10 school days in a year, because the behavior is substantially similar to behavior in previous incidents and consideration of the following factors:
Length of each removal
Total amount of time student is removed
Proximity of the removals to one another
12/18/06

17. More than TEN (10) Cumulative Days (con’t.)
Has a change of placement occurred?
If YES:
Provide PRISE
Convene a meeting of relevant IEP team members to conduct a MD
If behavior IS a manifestation, must review BIP and/or conduct FBA
If behavior IS NOT a manifestation, as appropriate, review BIP and/or conduct FBA
If NO:
May suspend but services continue (school personnel in consultation with child’s teacher determine extent of services)
As appropriate, review BIP and/or conduct FBA
12/18/06

18. Has a change of placement occurred?
Subsequent Removals
Has a change of placement occurred?
If YES:
PRISE to parent
Convene a meeting of relevant IEP team members to conduct a MD
If behavior IS a manifestation, must review BIP and/or conduct FBA
If behavior IS NOT a manifestation, as appropriate, review BIP and/or conduct FBA
If NO:
Services continue (extent determined by school personnel and child’s teacher)
As appropriate (case by case basis):
Review BIP
If no BIP, conduct FBA
12/18/06

19. Example 2
John was suspended for four days in September for fighting. On January 5th, he was suspended for four days for fighting. On January 28th he was suspended for four additional days for fighting. In May he is suspended again for two days for using profanity.
WHAT ACTION(S) MUST BE TAKEN?
DAYS 1—Parent and case manager notification -- STUDENT IS SUSPENDED—informal hearing 2 3 4
5—Parent and case manager notification -- STUDENT IS SUSPENDED—informal hearing 6 7 8
9— Parent and case manager notification –informal hearing
----Determine whether there is a change in placement (CIP)
— if NO, student is suspended—services provided by Day 11
-- if YES, the student may be suspended up to day 10 pending MD
-- PRISE is given to parent
-- MD meeting 10
11—depending on MD, either services begin or student returns 12
13— Parent and case manager notification—informal hearing
-----Determine whether there is a CIP
— if NO, student is suspended—services are provided 14
12/18/06

20. 45 Day Placement School Personnel may remove for: Drugs Weapons
Serious bodily injury to others*
*New requirement
Administrative Law Judge (ALJ) removes for:
Actions likely to result in injury to self and/or others
12/18/06

21. 45 Day Placement IN ALL CASES Provide PRISE to the parent
Convene a meeting of relevant members of the IEP team
Conduct a Manifestation Determination (The school is permitted to remove a child with a disability to an IAES for not more than 45 calendar days without regard to whether the behavior is determined to be a manifestation of the child’s disability.)
If behavior IS a manifestation, must review BIP and/or conduct FBA
If behavior IS NOT a manifestation, as appropriate (case by case basis), review BIP and/or conduct FBA
12/18/06

22. Example 3
Bryan is a student in 5th grade with a specific learning disability. He is suspended in September for four days for hitting another student. At the end of September, he is suspended for four days for kicking his teacher. In October, he explodes with anger in the classroom and throws a chair and is suspended for three days.
WHAT ACTION(S) MUST BE TAKEN?
DAYS 1— Informal hearing--Parent and case manager notification – STUDENT IS SUSPENDED 2 3 4
5— Informal hearing--Parent and case manager notification – STUDENT IS SUSPENDED 6 7 8
9—Parent and case manager notification—informal hearing
----Determine whether there is a CIP
— if NO, student is suspended
-- if YES, the student may be suspended up to day 10 pending MD
-- PRISE is given to parent
-- MD meeting 10
11—Either child returns to program or services begin
12/18/06

23. Example 4
Jamie, a student with a disability, is caught fighting in the cafeteria with Bill, a general education student. Both students are suspended for 8 days. Upon return to school, they are caught fighting again, this time in the gym. Both students are suspended for 10 days. Two months pass and Bill trips Jamie in the hall and a fight ensues. Since it is the third incident, they are both suspended for 12 days.
WHAT ACTION(S) MUST BE TAKEN?
Bill may or may not be a potentially disabled student—if so, regulations apply to him.
DAYS 1—Parent and case manager notification—informal hearing – STUDENT IS SUSPENDED 2 3 4
5—day 5 services 6 7 8
9—Parent and case manager notification –informal hearing
---Determine whether CIP
— if NO, student is suspended
-- if YES, the student may be suspended up to day 10 pending MD
-- PRISE is given to parent
-- MD meeting 10
11—Child either returns to school or services begin 12
13—Services begin for Bill 14 15 16 17 18
19—Parent and case manager notification/ PRISE to parent—informal hearing
--conduct MD prior to removing the student
--if no MD, student may be suspended, but services begin with 1st day of removal 20 21 22
23—Services begin for Bill 24 25 26 27 28 29 30
12/18/06

24. Example 5
Jill, a student with a disability, convinced Stephanie, another student with a disability, to take an exam for her by stealing the exam and taking it to the parking lot. Upon return to the building with the completed exam, the principal catches both students, escorts them to the office, contacts the parents, and suspends both girls for 20 days for cheating.
WHAT ACTION(S) MUST BE TAKEN?
Determinations may be different for each child.
DAYS 1—Parent and case manager notification—informal hearing—automatic CIP
--if NO, student is suspended
--if YES, the student may be suspended up to day 10, pending MD
--PRISE is given to parent
--MD meeting 2 3 4
5—day 5 services begin 6 7 8 9 10
11—Child either returns to program or services continue (may be different than day 5 services—more intensive if anything—not less than what GE students receive) 12 13 14 15 16 17 18 19 20
12/18/06

25. Example 6
Shawn is suspended for 4 days in October for fighting in the cafeteria. He is suspended again for 8 days in December for fighting in the classroom. Shawn is suspended in February for 1 day for spitting. Upon his return to school, he starts a fight and is suspended for 10 days.
WHAT ACTION(S) MUST BE TAKEN?
DAYS 1—Parent and case manager notification—informal hearing 2 3 4
5—Parent and case manager notification—informal hearing;
---Determine whether CIP
--if NO, student is suspended
--if YES, the student may be suspended up to day 10 pending MD
--PRISE is given to parent
--MD meeting 6 7 8
9—day 5 services begin 10
11—Child either returns to school or suspension continues with services 12
13—Parent and case manager notification—informal hearing
--if YES, MD meeting must be held prior to removal
14—Parent and case manager notification—informal hearing
----Determine whether CIP—see previous incident 15 16
17—day 5 services (but student is already receiving services on day 13) 18 19 20 21 22 23
12/18/06

26. Example 7
Paige is suspended for 10 days in September for leaving school grounds. She is suspended for 10 days in January for the same offense. She returns to school and two days later, again leaves school grounds. She is suspended for 10 days.
WHAT ACTION(S) MUST BE TAKEN?
DAYS 1—Parent and case manager notification—informal hearing 2 3 4
5—day 5 services begin 6 7 8 9 10
11—Parent and case manager notification—informal hearing
-----Determine whether CIP
--if NO, student is suspended (with services)
--if YES, MD must be conducted prior to removal
--PRISE is given to parent
--MD meeting conducted 12 13 14
15—this is where day 5 would be—but student is already receiving services 16 17 18 19 20
21—Parent and case manager notification—informal hearing –see previous incident 22 23 24 25
26—this is where day 5 would be, but student is already receiving services 27 28 29 30
12/18/06