WEBVTT 1 00:00:02.430 --> 00:00:03.390 Hi, everyone. 2 00:00:03.390 --> 00:00:04.770 This is a presentation 3 00:00:04.770 --> 00:00:08.253 on understanding legal requirements for student discipline. 4 00:00:10.890 --> 00:00:12.300 To set the stage, 5 00:00:12.300 --> 00:00:13.950 historically, schools have had 6 00:00:13.950 --> 00:00:17.070 significant discretion in discipline, 7 00:00:17.070 --> 00:00:20.850 as a 1977 Supreme Court ruling 8 00:00:20.850 --> 00:00:24.150 left such matters to the states. 9 00:00:24.150 --> 00:00:26.790 In fact, currently 19 states 10 00:00:26.790 --> 00:00:29.940 still allow corporal punishment in schools, 11 00:00:29.940 --> 00:00:33.510 including Alabama, Arkansas, Indiana, Missouri, 12 00:00:33.510 --> 00:00:36.240 Mississippi, Kansas, Kentucky, 13 00:00:36.240 --> 00:00:38.640 Texas, Tennessee, Wyoming, 14 00:00:38.640 --> 00:00:42.690 Arizona, Colorado, Florida, Georgia, 15 00:00:42.690 --> 00:00:45.817 Idaho, North Carolina, South Carolina, 16 00:00:45.817 --> 00:00:48.453 Oklahoma, and Louisiana. 17 00:00:50.040 --> 00:00:54.810 And schools have the right to discipline all students, 18 00:00:54.810 --> 00:00:57.330 including those with disabilities. 19 00:00:57.330 --> 00:01:00.660 However, specific requirements under IDEA, 20 00:01:00.660 --> 00:01:03.510 Individuals with Disability Education Act, 21 00:01:03.510 --> 00:01:05.280 and Section 504 22 00:01:05.280 --> 00:01:08.070 govern the discipline of students with disabilities, 23 00:01:08.070 --> 00:01:10.890 and we're gonna get into that a little bit more. 24 00:01:10.890 --> 00:01:13.980 So these protections also extend to students 25 00:01:13.980 --> 00:01:17.940 whose parents have requested a special education evaluation 26 00:01:17.940 --> 00:01:19.470 or when school administrators 27 00:01:19.470 --> 00:01:22.260 know the child has a disability, 28 00:01:22.260 --> 00:01:26.703 even if eligibility has not yet been officially determined. 29 00:01:28.710 --> 00:01:31.260 As you may know, many schools implement 30 00:01:31.260 --> 00:01:35.370 various response strategies to support student behavior. 31 00:01:35.370 --> 00:01:37.680 A frequent one is time-out. 32 00:01:37.680 --> 00:01:41.610 Time-out should not be confused with seclusion. 33 00:01:41.610 --> 00:01:44.370 This is not a removal of a student. 34 00:01:44.370 --> 00:01:47.940 This is essentially removing the reinforcement 35 00:01:47.940 --> 00:01:49.413 for a student. 36 00:01:50.940 --> 00:01:52.290 If you are working in a school 37 00:01:52.290 --> 00:01:54.720 that is implementing Developmental Design 38 00:01:54.720 --> 00:01:56.670 or Responsive Classroom, 39 00:01:56.670 --> 00:01:58.950 you may find that in the classroom 40 00:01:58.950 --> 00:02:01.530 there's something called a take-a-break chair, 41 00:02:01.530 --> 00:02:03.780 where students have an opportunity 42 00:02:03.780 --> 00:02:07.320 to reflect on their behavior 43 00:02:07.320 --> 00:02:10.620 and even engage in some mindfulness activities. 44 00:02:10.620 --> 00:02:14.550 You'll also see a very popular response strategy 45 00:02:14.550 --> 00:02:18.180 is communication with families and caregivers. 46 00:02:18.180 --> 00:02:21.480 This is critical not only when a student is engaged 47 00:02:21.480 --> 00:02:24.060 in an interfering or challenging behavior, 48 00:02:24.060 --> 00:02:25.470 but more importantly, 49 00:02:25.470 --> 00:02:27.750 those proactive phone calls home 50 00:02:27.750 --> 00:02:29.430 so that as an educator, 51 00:02:29.430 --> 00:02:30.960 we're building those relationships 52 00:02:30.960 --> 00:02:33.360 with our families and caregivers. 53 00:02:33.360 --> 00:02:35.340 You may see in some schools 54 00:02:35.340 --> 00:02:37.950 something referred to as a planning room. 55 00:02:37.950 --> 00:02:41.730 This is often a room outside of the classroom 56 00:02:41.730 --> 00:02:46.530 where a student may process a situation with an adult 57 00:02:46.530 --> 00:02:50.040 to discuss strategies to improve 58 00:02:50.040 --> 00:02:52.570 and to also repair some of the damage 59 00:02:53.700 --> 00:02:58.290 that may have happened due to their interfering behavior. 60 00:02:58.290 --> 00:03:00.780 Similarly, restorative approaches as well. 61 00:03:00.780 --> 00:03:03.900 So these are often referred to as circles, 62 00:03:03.900 --> 00:03:06.627 really holding students accountable to their community 63 00:03:06.627 --> 00:03:10.680 and the community and school-wide agreements. 64 00:03:10.680 --> 00:03:13.680 Then there's often sometimes, unfortunately, 65 00:03:13.680 --> 00:03:15.270 suspension and expulsion, 66 00:03:15.270 --> 00:03:19.800 and these are really the absolute last resort, 67 00:03:19.800 --> 00:03:22.650 and there's many and much data 68 00:03:22.650 --> 00:03:24.960 to show that the efficacy 69 00:03:24.960 --> 00:03:27.120 of suspending or expelling students 70 00:03:27.120 --> 00:03:32.120 actually leads to increase in poor life outcomes 71 00:03:33.180 --> 00:03:35.610 and is not really effective 72 00:03:35.610 --> 00:03:38.700 for students or the school community. 73 00:03:38.700 --> 00:03:42.930 It's important to note that restraint and seclusion 74 00:03:42.930 --> 00:03:46.950 should not be used as disciplinary actions. 75 00:03:46.950 --> 00:03:48.330 And for more information, 76 00:03:48.330 --> 00:03:50.520 refer to the CEC position paper 77 00:03:50.520 --> 00:03:52.710 on ethical use of these measures 78 00:03:52.710 --> 00:03:55.983 which I've posted on our Brightspace page. 79 00:03:58.200 --> 00:04:00.150 For students on IEPs, 80 00:04:00.150 --> 00:04:03.180 the exclusion for fewer than 10 days 81 00:04:03.180 --> 00:04:06.063 does not require educational services, 82 00:04:06.930 --> 00:04:10.710 a change in placement, or a manifestation determination. 83 00:04:10.710 --> 00:04:14.430 This means that if a student is suspended 84 00:04:14.430 --> 00:04:16.410 who is on an IEP 85 00:04:16.410 --> 00:04:19.380 and the suspension is less than 10 days, 86 00:04:19.380 --> 00:04:23.340 either cumulatively or consecutively, 87 00:04:23.340 --> 00:04:27.180 there's no requirement for educational services, 88 00:04:27.180 --> 00:04:29.550 it is not a change of placement, 89 00:04:29.550 --> 00:04:32.760 there's no manifestation determination required, 90 00:04:32.760 --> 00:04:34.950 and the team does not at this point 91 00:04:34.950 --> 00:04:38.400 need to conduct a functional behavioral assessment 92 00:04:38.400 --> 00:04:39.963 or behavior support plan. 93 00:04:42.810 --> 00:04:45.180 Students on IEPs 94 00:04:45.180 --> 00:04:48.180 who have a suspension exceeding 10 days, 95 00:04:48.180 --> 00:04:50.820 whether it's consecutive or cumulative, 96 00:04:50.820 --> 00:04:53.403 are considered a change of placement, 97 00:04:56.231 --> 00:04:57.900 which requires IEP services 98 00:04:57.900 --> 00:05:00.990 and a manifestation determination. 99 00:05:00.990 --> 00:05:03.180 Now, it's important to note that the administrator 100 00:05:03.180 --> 00:05:06.090 needs to consult with a special education case manager 101 00:05:06.090 --> 00:05:07.710 and provide an opportunity 102 00:05:07.710 --> 00:05:11.010 for an informal school hearing or meeting 103 00:05:11.010 --> 00:05:13.230 for caregivers and the student 104 00:05:13.230 --> 00:05:15.270 before suspending a student 105 00:05:15.270 --> 00:05:18.060 for up to 10 consecutive school days 106 00:05:18.060 --> 00:05:19.410 or placing a student 107 00:05:19.410 --> 00:05:23.043 in an interim alternative education setting, IAES. 108 00:05:24.240 --> 00:05:27.663 And we'll get into that in a little bit. 109 00:05:28.830 --> 00:05:30.300 It's important to keep in mind 110 00:05:30.300 --> 00:05:32.910 when you're talking about suspending a student, 111 00:05:32.910 --> 00:05:35.100 portions of the day must be counted. 112 00:05:35.100 --> 00:05:37.650 If the student is suspended at 10:00 AM, 113 00:05:37.650 --> 00:05:39.450 it needs to be counted. 114 00:05:39.450 --> 00:05:42.300 In-school suspensions don't count if the child 115 00:05:42.300 --> 00:05:44.190 is afforded the opportunity 116 00:05:44.190 --> 00:05:47.520 to continue progressing in the general curriculum, 117 00:05:47.520 --> 00:05:50.070 continue to receive IEP services, 118 00:05:50.070 --> 00:05:53.190 and continue to participate with non-disabled peers 119 00:05:53.190 --> 00:05:54.723 as much as possible. 120 00:05:56.160 --> 00:05:57.870 And more importantly, 121 00:05:57.870 --> 00:06:01.050 if a student is sent to a planning room, for example, 122 00:06:01.050 --> 00:06:02.760 we just talked a little bit about that, 123 00:06:02.760 --> 00:06:05.820 as long as the planning room also serves students 124 00:06:05.820 --> 00:06:08.340 in the general education curriculum 125 00:06:08.340 --> 00:06:09.480 and the special educator 126 00:06:09.480 --> 00:06:12.690 provides the student with their work and services, 127 00:06:12.690 --> 00:06:15.810 it does not count as suspension. 128 00:06:15.810 --> 00:06:19.590 Also, if bus removal is part of the IEP 129 00:06:19.590 --> 00:06:22.230 and transportation is provided, 130 00:06:22.230 --> 00:06:25.440 it does not count toward the suspension days. 131 00:06:25.440 --> 00:06:28.080 However, if removal from the bus 132 00:06:28.080 --> 00:06:30.870 means a student can't get to school, 133 00:06:30.870 --> 00:06:33.213 it counts as a suspension. 134 00:06:35.190 --> 00:06:37.530 Suspensions exceeding 10 days, 135 00:06:37.530 --> 00:06:40.200 whether they're consecutive or cumulative, 136 00:06:40.200 --> 00:06:44.310 are considered a change in placement, as previously shared, 137 00:06:44.310 --> 00:06:48.030 and this requires IEP services 138 00:06:48.030 --> 00:06:51.333 and a manifestation determination. 139 00:06:53.250 --> 00:06:58.250 So, if a student is removed for more than 10 days, 140 00:06:59.460 --> 00:07:00.510 as I just mentioned, 141 00:07:00.510 --> 00:07:03.120 it is considered a change of placement, 142 00:07:03.120 --> 00:07:04.950 and due to the change of placement, 143 00:07:04.950 --> 00:07:07.080 the following are required. 144 00:07:07.080 --> 00:07:10.530 A school must still provide IEP services 145 00:07:10.530 --> 00:07:14.220 and a school must conduct a manifestation determination 146 00:07:14.220 --> 00:07:19.220 before applying discipline such as suspension. 147 00:07:21.120 --> 00:07:24.090 So what is a manifestation determination? 148 00:07:24.090 --> 00:07:26.160 Manifestation determination, 149 00:07:26.160 --> 00:07:29.290 it's the process that determines if the behavior 150 00:07:30.234 --> 00:07:33.330 is directly related to the student's disability 151 00:07:33.330 --> 00:07:36.570 or a failure to implement the IEP, 152 00:07:36.570 --> 00:07:39.780 including any behavior intervention plans. 153 00:07:39.780 --> 00:07:42.990 If the behavior is related to the disability, 154 00:07:42.990 --> 00:07:46.050 so the team determines that yes, 155 00:07:46.050 --> 00:07:49.080 the behavior is related to the disability, 156 00:07:49.080 --> 00:07:52.620 the team may conduct a functional behavioral assessment 157 00:07:52.620 --> 00:07:56.550 to revise and/or create a behavior plan. 158 00:07:56.550 --> 00:07:58.260 The student would then return 159 00:07:58.260 --> 00:08:00.690 to their original IEP placement 160 00:08:00.690 --> 00:08:04.290 unless the IEP team agrees to change. 161 00:08:04.290 --> 00:08:09.240 So the student should then be able to reenter the school 162 00:08:09.240 --> 00:08:13.173 unless the IEP team agrees to change the placement. 163 00:08:14.460 --> 00:08:18.090 If the behavior is not related to the disability, 164 00:08:18.090 --> 00:08:21.000 so the IEP team has a conversation and meets 165 00:08:21.000 --> 00:08:22.680 and they look at the behavior 166 00:08:22.680 --> 00:08:25.620 in relation to the student's disability 167 00:08:25.620 --> 00:08:29.100 and it's determined that the behavior is not related, 168 00:08:29.100 --> 00:08:33.060 the student is subject to standard disciplinary procedures 169 00:08:33.060 --> 00:08:36.390 with IEP services continuing. 170 00:08:36.390 --> 00:08:38.760 And that's an important note. 171 00:08:38.760 --> 00:08:43.760 A student on an IEP must maintain services, 172 00:08:45.600 --> 00:08:49.170 even if a student is suspended 173 00:08:49.170 --> 00:08:52.773 or is experiencing disciplinary procedures. 174 00:08:54.630 --> 00:08:58.980 So I mentioned an interim alternative educational setting. 175 00:08:58.980 --> 00:09:02.070 There are really four reasons an administrator 176 00:09:02.070 --> 00:09:06.780 can unilaterally place a student in an IAES 177 00:09:06.780 --> 00:09:09.810 regardless of a manifestation. 178 00:09:09.810 --> 00:09:13.530 These are very significant behaviors. 179 00:09:13.530 --> 00:09:15.630 So if a student on an IEP 180 00:09:15.630 --> 00:09:18.930 is engaged in a weapon possession, illegal drugs, 181 00:09:18.930 --> 00:09:23.580 sale or solicitation of controlled substances, 182 00:09:23.580 --> 00:09:27.390 or infliction of serious bodily injury, 183 00:09:27.390 --> 00:09:31.230 the team and the administrator has the right 184 00:09:31.230 --> 00:09:35.610 due to the significant serious nature of these behaviors, 185 00:09:35.610 --> 00:09:39.030 they can unilaterally place the student in an interim. 186 00:09:39.030 --> 00:09:40.590 Now, interim is key. 187 00:09:40.590 --> 00:09:43.410 It's not permanent, it's not a final placement; 188 00:09:43.410 --> 00:09:46.803 it's an interim alternative educational setting. 189 00:09:47.790 --> 00:09:52.380 So, this is an opportunity for the team 190 00:09:52.380 --> 00:09:55.650 to decide where it will be, 191 00:09:55.650 --> 00:09:58.800 this interim placement, or setting, 192 00:09:58.800 --> 00:10:01.560 and how the services will be provided. 193 00:10:01.560 --> 00:10:04.440 It also gives the teams time to determine 194 00:10:04.440 --> 00:10:05.760 whether the IEP team 195 00:10:05.760 --> 00:10:08.130 is going to give additional days of suspension, 196 00:10:08.130 --> 00:10:12.900 do a change of placement, revise the IEP, et cetera. 197 00:10:12.900 --> 00:10:16.290 And there's 45 days associated with this, 198 00:10:16.290 --> 00:10:21.290 and these days are just for those four behaviors 199 00:10:21.660 --> 00:10:24.813 and do not count as suspension. 200 00:10:28.770 --> 00:10:30.660 So the bottom line is, 201 00:10:30.660 --> 00:10:33.870 when we're talking about legal requirements 202 00:10:33.870 --> 00:10:37.050 regarding suspension or disciplinary procedures 203 00:10:37.050 --> 00:10:39.900 for students on IEPs and 504s, 204 00:10:39.900 --> 00:10:42.300 the number-one thing we need to focus on 205 00:10:42.300 --> 00:10:43.860 is really understanding 206 00:10:43.860 --> 00:10:47.730 and know the special ed regulations 207 00:10:47.730 --> 00:10:51.630 and know what they are when it comes to school discipline. 208 00:10:51.630 --> 00:10:53.010 We also know, 209 00:10:53.010 --> 00:10:55.170 and you all have learned this, 210 00:10:55.170 --> 00:10:57.300 we need to use positive 211 00:10:57.300 --> 00:11:01.053 and proactive behavioral approaches first and foremost. 212 00:11:02.880 --> 00:11:04.680 We need to focus on tier 1 213 00:11:04.680 --> 00:11:07.650 proactive preventative strategies for all students, 214 00:11:07.650 --> 00:11:10.200 including our students with disabilities. 215 00:11:10.200 --> 00:11:11.880 And also tier 2. 216 00:11:11.880 --> 00:11:13.170 As I've mentioned previously, 217 00:11:13.170 --> 00:11:14.040 we tend to jump 218 00:11:14.040 --> 00:11:17.550 to really highly-intensive interventions, tier 3. 219 00:11:17.550 --> 00:11:20.130 We need to focus on building in our schools 220 00:11:20.130 --> 00:11:22.170 some targeted level interventions 221 00:11:22.170 --> 00:11:23.610 so we're preventing students 222 00:11:23.610 --> 00:11:27.450 from needing those higher levels of interventions. 223 00:11:27.450 --> 00:11:29.280 We also really need to use 224 00:11:29.280 --> 00:11:32.430 functional behavioral assessments proactively 225 00:11:32.430 --> 00:11:35.190 to plan effective behavioral interventions 226 00:11:35.190 --> 00:11:37.350 before we end up in situations 227 00:11:37.350 --> 00:11:40.080 where suspension is being considered. 228 00:11:40.080 --> 00:11:43.770 We know suspension is a last resort 229 00:11:43.770 --> 00:11:48.770 and it's not an effective deterrent for students 230 00:11:49.710 --> 00:11:52.230 And as I mentioned previously, 231 00:11:52.230 --> 00:11:56.580 it leads poor life outcomes, especially expulsions. 232 00:11:56.580 --> 00:11:58.950 So if we can be proactive, 233 00:11:58.950 --> 00:12:02.190 get ahead of it, develop an effective plan, 234 00:12:02.190 --> 00:12:05.250 we will be doing the best for our students. 235 00:12:05.250 --> 00:12:09.360 We also know that many schools 236 00:12:09.360 --> 00:12:11.610 refer to something that's called wraparound. 237 00:12:11.610 --> 00:12:14.190 So this is an opportunity for students 238 00:12:14.190 --> 00:12:16.230 really with complex needs 239 00:12:16.230 --> 00:12:19.620 who need high level of intervention 240 00:12:19.620 --> 00:12:22.950 to wrap around the student 241 00:12:22.950 --> 00:12:25.380 and the family and the caregivers 242 00:12:25.380 --> 00:12:30.000 and bringing a variety of expertise to the table. 243 00:12:30.000 --> 00:12:33.600 These experts include mental health professionals, 244 00:12:33.600 --> 00:12:38.580 medical professionals, community members. 245 00:12:38.580 --> 00:12:41.460 What are the resources that we can do 246 00:12:41.460 --> 00:12:43.950 and utilize within our educational community 247 00:12:43.950 --> 00:12:45.840 in our environment 248 00:12:45.840 --> 00:12:49.440 to really wrap around students with complex needs 249 00:12:49.440 --> 00:12:51.630 to proactively support them 250 00:12:51.630 --> 00:12:54.000 before it gets to a situation 251 00:12:54.000 --> 00:12:59.000 where we're even considering expulsion or suspension? 252 00:12:59.010 --> 00:13:01.590 So, thank you all so much. 253 00:13:01.590 --> 00:13:03.270 I hope this was helpful. 254 00:13:03.270 --> 00:13:04.980 Enjoy your readings, 255 00:13:04.980 --> 00:13:06.870 and feel free to reach out 256 00:13:06.870 --> 00:13:09.240 with any questions you may have. 257 00:13:09.240 --> 00:13:10.323 Have a great week.