1. Special Education Monthly Meeting
2/21/13

2. Meeting Norms Everyone will:
be fully present, engaged and focused (no sidebars or cell phone use)
be positive and solution focused (we will only discuss that which we can change)
keep students at the center of focus and decision making
challenge with respect; disagreements are healthy if you respect all intentions
risk productive struggle; it is safe to get out of your comfort zone
balance urgency and patience; change happens over time and is a process

3. Inclusion Update- Jefferson Chapter 7, Behavior and Conduct
Agenda
EIEP Updates
Inclusion Update- Jefferson
Chapter 7, Behavior and Conduct
Proposed Special Education Legislation

4. Chapter 7 Behavior and conduct
Isolation and Restraint
Brief holding to calm or comfort permitted – No parent notice required
Minimum contact to physically escort to another area permitted - No parent notice required
Brief holding to prevent impulsive behavior that threatens immediate safety of the student permitted - No parent notice required

5. Chapter 7 Behavior and conduct
Isolation and Restraint
In “emergency situation” only, i.e., behavior poses a threat to the physical safety of the student or others nearby, Appendix. 7.A.
Restraint only by appropriately trained personnel (Handle with Care)
School personnel must remain in child’s presence
Parent notified in writing on the same day, Appendix 7.B
Incident recorded in EIEP

6. Chapter 7 Behavior and conduct
IEP Team Involvement
IEPs that provide for use of isolation/restraint in emergency situations must also contain FBA and BIP, Appendices 7.C, 7.D., and 7.E
If isolation/restraint is used in emergency situation but has not been provided for in student’s IEP, an IEP meeting must be conducted within 10 school days, allowing at least 24 hrs. notice to parent
Either situation requires documentation, Appendix 7.B, EIEP

7. Chapter 7 Behavior and conduct
Discipline of Unidentified Students
Discipline protections same as SpEd students if system had prior knowledge that student had a disability, i.e.,
Parent has expressed concern in writing that student needs special education;
Parent requested evaluation;
Teacher or other school personnel expressed specific concerns about a pattern of behavior, e.g., Students in SST process due to behavioral concerns.
Discipline protections don’t apply if system had no knowledge that student had a disability, i.e.,
Parent has not consented to evaluation;
Parent has refused sped services;
Student evaluated and determined non-eligible.

8. Chapter 7 Behavior and conduct
Short-Term Removals/Suspensions
Cumulative 10 days or less – FAPE Free (Alternative services, IEP meetings, manifestation reviews, FBAs or BIPs not required)
ISS - Doesn’t count toward 10 FAPE Free days if SpEd student: 1) Has opportunity to continue in general curriculum; 2) Continues to receive services specified in IEP; and 3) Continues to participate with non-disabled peers to same extent as IEP specifies
Bus Suspensions – If transportation is related service in IEP, counts toward 10 FAPE Free days unless other transportation provided by KCS. If transportation not in IEP, doesn’t count toward 10 FAPE Free days and parent must provide transport.
Short-Term Removals –Abbreviated removals from classroom, e.g., time-outs, principal referrals, etc., do not count toward 10 FAPE Free days.

9. Chapter 7 Behavior and conduct
Long-Term Removals and Changes of Placement
Change of placement likely if:
More than 10 consecutive days
More than 10 cumulative days
If change of placement likely, IEP Team must decide:
Whether offense was a manifestation of disability;
The appropriateness of the current placement.

10. Chapter 7 Behavior and conduct
Manifestation Determinations
Manifestation Review must be conducted within 10 days, with as little as 24 hours notice to parent, Appendix 7.F and Appendix 7.G.
Services (FAPE) must be provided pending Manifestation Review.
Manifestation Review Team includes 1)LEA Representative; 2) Parent; and 3) Relevant members of the IEP Team.

11. Chapter 7 Behavior and conduct
Manifestation Determinations
Consider two questions:
Was the conduct in question caused by, or does it have a direct and substantial relationship to the disability?
Was the conduct in question the direct result of the LEA’s failure to implement the IEP?

12. Chapter 7 Behavior and conduct
Manifestation Determinations
NO (Question 1) - Conduct in question does not have a direct and substantial relationship to disability, then:
1) Discipline as a non-disabled peer;
2) Provide services during any period of removal;
3) Review, and modify as needed, any behavior plan in place;
4) IEP Team determines interim alternative educational setting for services.

13. Chapter 7 Behavior and conduct
Manifestation Determinations
YES (Question 1) - Conduct in question has a direct and substantial relationship to disability, then:
1) FBA, unless one has been done due to
similar behavior, Appendix 7.C. and 7.D;
2) Develop/modify BIP to address behavior in question;
3) Child returned to placement from which removed unless parent and school agree to
change of placement as part of BIP.

14. Chapter 7 Behavior and conduct
Disciplinary Appeals
If parents desire to challenge a finding of no manifestation, then:
1) They may request an expedited due process hearing;
2) Student remains in the disciplinary placement pending the outcome of the expedited hearing.
3) Stay put, in disciplinary matters, is the interim alternative setting determined by the school, not the placement from which the child was removed.

15. Chapter 7 Behavior and conduct
Disciplinary Appeals
If school desires to challenge a finding of no manifestation, then:
1) It may request an expedited due process hearing.
2) School must show that continuing child in placement is
substantially likely to result in injury to the child or others.
3) If the school prevails, child may be ordered to remain
in the interim alternative setting for not more than 45 \ days. (Parties could agree on longer-term placement upon expiration of the 45 school days,)

16. Chapter 7 Behavior and conduct
Special Exceptions
Carrying/possessing a weapon;
Knowingly possessing or using illegal drugs or selling or soliciting the sale of controlled substances;
Serious bodily injury inflicted on another person.
Above 3 exceptions allow for removal of student to interim alternative setting for up to 45 school days, regardless of whether the behavior is a manifestation of the disability.

17. Chapter 7 Behavior and conduct
Law Enforcement and Juvenile Court Petitions
School personnel may report a suspected crime by calling a law enforcement official.
School personnel may file a juvenile petition against a student receiving special education only after conducting a manifestation determination that results in determination that behavior was not caused by disability.

18. Current Landscape
The Individuals with Disabilities Education Act (IDEA) and NCLB require that all students, including those with the most severe disabilities, must be included in state-mandated assessments.
However, there is currently a prohibition on including special education students in individual growth calculations.

19. Proposed Change Bill number SB 156/HB 150 has been proposed.
This bill will remove the prohibition on including special education students in individual growth calculations.
The Tennessee Advisory Council for the Education of Students with Disabilities has endorsed this revision.
Under the current version of the bill this change would go into effect immediately

20. Why is this right for Tennessee?
The state of Tennessee is committed to ensuring that all students receive a high-quality education.
As a state, our largest achievement gap is between special education students and general education students.
The majority of districts ‘In Need of Improvement’ and schools identified as ‘Focus Schools’ were identified by gap closure issues for students with disabilities.
An important part of making sure all students receive a high-quality education is making sure all students count when we assess whether we are succeeding as a state, as school districts, as schools, and as teachers.

21. This change will not negatively impact teachers
The academic growth of special education students is very similar to the academic growth of general education students.
In fact, more than 97% of subject/grade levels received the same teacher effect score with the inclusion of SPED students as they did without the inclusion of SPED students.
Looking at data across all five levels of effectiveness:
The number of teachers identified in each level is almost identical when SPED students are included as when they are not.
No teacher who received a 3, 4, or 5 without the inclusion of special education students received a 1 when special education students were included.
No teacher who received a 4 or 5 without the inclusion of special education students received below a 3 when special education students were included.

22. Opportunity to Communicate Growth and Achievement
Growth measures progress from a baseline
Achievement measures proficiency
Growth takes into account a student’s history, ensuring a level playing field
No matter where a student starts, all students can grow, the data backs this up

23. Implications for Special Education Teachers
As with all individual growth measures, a teacher will still need to provide student linkage information for:
6 students if their students take the TCAP
10 students if their students take an EOC
This means that an elementary special education teacher linking to 20% of each student would need to do so for 30 students in order to have enough data for an individual growth score to be calculated.
We are already preparing student linkage guidance and will be able to communicate more concretely during the Special Education Conference in March.