Every Child Can Learn… Just Not on the

Same Day, or the Same Way

George Evans

IDEIA:Discipline and Legal Issues

Inside Our Schools

State Monitoring Compliance ISSUES

Suspensions and Expulsions of Students with Disabilities

Students with disabilities continue to be suspended for over 10 days without special education services.

STATE DIRECTIVES:1. Professional development to all administrators

on the policies and procedures related to discipline and disciplinary process.

2. Provide training in Positive Behavior Supports, Functional Behavior assessment and effective use of Behavior Intervention Plans.

3. Teacher mentoring for students that are “at risk “.

Compliance Issues: Cont’d

Student Record Reviews:1. Teacher signatures on IEPs as ‘ in

attendance’ when teacher did not attend the IEP meeting.

2. General education teachers who were not “in attendance” at the IEP meeting did not review the IEP and document by signing the “not in attendance” section of the IEP.

3. Documentation of students annual goals on progress reports.

Compliance Issues: Cont’d

Percentage of time in Special Education.

Services are not provided in the least restrictive environment.

Required Corrective Action:1. Provide training on inclusive practices.2. Development of a Behavior

Reintegration Plan for students in MIS classes.

What’s the Big IDEIA?

The education of children with disabilities is a top national priority. Our nation’s special education law, the Individual’s with Disabilities Education Improvement Act (IDEIA), sets high standards for their achievement and guides how special help and services are made available in schools to address their individual needs.

6,000,000 Students in the U.S.receive

Special Education Services

Individuals with Disabilities Education Improvement Act of 2004

Also known as: IDEA  Public Law 108-446

“ Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society.  Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities." 

IDEIA 2004

Emphasis on results. Early intervention to prevent failure. Single unified system. Rigorous, scientifically based identification

methods. Focus on student achievement. LD identification based on: student response

to scientific, research-based interventions (RTI) .

Inclusion of students with disabilities in general education classrooms.

Special EducationA SERVICE NOT A PLACE

Specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability.

FAPE

IDEIA 2004 ensures a free appropriate public education (FAPE),

Provided to children and youth with disabilities at public expense.

Include an appropriate preschool, elementary school, or secondary school education .

Provided in conformity with the individualized education program (IEP).

FAPE Cont’d

Students must be permitted to register at school of zone.

Transfer students must be provided with comparable services while eligibility and IEP is reviewed.

Text books provided to all students. Special events, field trips, computers,

library.

Least Restrictive Environment

Special education instruction MUST be provided to students with disabilities in the least restrictive environment (LRE).

  Students with disabilities are educated with non

disabled children to the maximum extent appropriate.

Unless the student's IEP requires other arrangements, students with disabilities MUST be educated in the school they would attend if they did not have a disability.

LRE (Cont’d)Academic and social

Instruction occursStrictly in the

Special education setting

Inclusive services in general educationActivities with special education support, academicInstruction occurs primarily in the special education

setting

Inclusive services in one to three GeneralEducation subjects and activities with

Support from the special education teacherIncluding pull-out services

Inclusive services in most General Education subjects and activities

with some support from the special education teacher

Inclusive services in all General Education subjects and activities with no support from the special education teacher

Least restrictive environment

Most restrictive environment

West Tennessee RISE Project, 2007

Overview of Special EducationProcess and Procedures

Identification Evaluation Eligibility IEP Development IEP Implementation Review of IEP

Identification

Child Find Support Team RTI Evaluation

Support Team

Assign a Support Team coordinator 4 Step Problem Solving Model

1. Problem Identification2. Problem analysis3. Intervention Development4. Intervention Evaluation

Evaluation

Procedure used to determine whether a child has a disability and the nature and extent of the special education and related services that the student needs.

All areas of a suspected disability must be evaluated.

Evaluation report includes a summary and interpretation of assessments .

Reevaluations occur at least once every three (3) years, or more frequently if conditions warrant or if requested by the child's parent or teacher.

Testing Optional Parental consent Due Process

Evaluation Cont’d

Response to Intervention

Provides assistance to students in timely fashion. It is NOT a wait-to-fail model.

Helps ensure that the student’s poor academic performance is not due to poor instruction.

Assessment data is collected to inform the teacher and improve instruction.

Assessments and interventions are closely linked.

Contact school psychologist for more information.

Eligibility IEP team reviews evaluation results and

determines Existence of a disability. Exhibits a need for special education.

A student will NOT be identified as a student with a disability if the learning problems are due to:

A lack of scientifically-based instructional practices and programs that contain the essential components of reading instruction. A lack of instruction in math.  Limited English Proficiency.

Consent for services.

IDEA defines a “Child with a disability“ as a child with

Intellectual Disability (formally Mental Retardation) Hearing Impairments (including deafness) Speech or Language Impairments Visual Impairments (including blindness) Emotional Disturbance Orthopedic Impairments Autism Traumatic Brain Injury Other Health Impairments, Specific Learning Disabilities Developmental Delays (TN) Functionally Delayed Intellectually Gifted (TN)

AND  who by reason thereof needs special education & related services

IEP

TimelinesAfter Initial EvaluationAnnuallyParent request

Compliance issues Invitation Letter (parents receive minimum 10

days notice) Prior Written NoticeDraft IEP15 Day Letter

IEP Cont’d

IEP Team Members: Parent (s) Special Education Teacher General Education Teacher Administrator Related Services Providers Interpreter Student at age 14 Other agencies for Transition Services, if

needed

IEP Development Standard Based IEP Should include current assessments data

District Assessments, Think link, DIBELS Achievement, TCAP, BRI, Running Records Transition Assessments Behavioral and Social Medical

Cum folder review Attendance Grades Discipline and Behavior History

Prior Written Notice

Pre and Post PWN. IEP Evaluations or Re-Evaluations Eligibility Manifestation Determination

Transition

IDEIA 2004 raises transition age from 14 to 16.

State of Tennessee- Age 14

Age 14 Develop an initial four (4)year plan for high school study.

Age 14 (or younger) Provide transition assessments and transition services.

Transition

Transition Folder (Portfolio and assessments)

Transition plan reviewed annually. Goals and objectives must be written Summary of Performance must be

completed for graduating seniors Indicator 13- reported to state and federal

government Contact Transition Team for more

information

Procedural Safeguards Book

LEA obligated to give copy to parents 1 time per year and upon :

Initial referral or parental request for evaluation

First occurrence of filing of due process

State complaint Parent request Disciplinary change of placement

Procedural Safeguards

Complaints

Mediation

Due Process

Discipline

and

Discipline Procedures

At Risk Students

Positive Behavior Supports Support Teams Behavioral Goals Functional Behavior

Assessment Behavior Intervention Plan

School Wide Positive Behavior Supports

A research-based approach to creating, teaching and reinforcing students' social, emotional and academic learning skills.

SWPBS focuses on prevention not punishment. Clear and simple rules that apply in all school

settings. Continuum of supportive interventions helps all

students succeed academically and behaviorally.

Contact school psychologist for more information.

Primary Prevention:School-/Classroom-Wide Systems for

All Students,Staff, & Settings

Secondary Prevention:Specialized Group

Systems for Students with At-Risk Behavior

Tertiary Prevention:Specialized

IndividualizedSystems for Students with

Intensive Needs

~80% of Students

~15%

~5%

CONTINUUM OFSCHOOL-WIDE

SUPPORT

Functional Behavior Assessment

Completed for any student whose behavior impedes learning or learning of others.

Parental permission is required to conduct an FBA/BIP. Identify behaviors Collection of data Gathering of information Assess function of behavior Determine interventions Implement Interventions Evaluate effectiveness

FBA Cont’d

Determine need for Intensive Plan (BIP)

Review FBA

Revise FBA as new behaviors surface

Behavior Intervention Plan

Intensive interventions and strategies

Teaching PlanIndividualizedCrisis Plan

Discipline

ISS OSS Twilight School Bus Suspensions 45 day removals

Students can not be suspended for than 10 days in a school year.

Manifestation Determinations

Manifestation Determination" is a process to determine if a student’s behavior problem is or is not a manifestation of the student’s disability.

The conduct was caused by, or had a direct and substantial relationship to, the child’s disability.

The behavior was a direct result of the school’s failure to implement the IEP.

MD is completed as part of an IEP team meeting.

Manifestation Determination (cont’d)

Determination that behavior was a manifestation of the student's disability..

Review the Functional Behavior Assessment and Behavioral Intervention Plan.

Determination that behavior was not a manifestation of the student's disability.

Follow student code of conduct, DSOP

as related to Discipline.

Manifestation Determination (cont’d)

Manifestation Determination meeting must be held ASAP.

24 hour notice to parent is required. MD has to be completed in 10 days. MD completed when juvenile citation is

issued. Involve assessment specialist to provide

understanding of the disability

Legal Issues

Restraint Revocation of Services Reporting Abuse Medication Lopez Decree

Isolation or Restraint

Free from the unreasonable unsafe and Free from the unreasonable unsafe and unwarranted uses of isolation and restraint unwarranted uses of isolation and restraint practices.practices.

Positive behavioral interventions and support Positive behavioral interventions and support methods in schools.methods in schools.

Develop properly trained staff.Develop properly trained staff.

RestraintRestraint

Must be in Individualized Education PlanMust be in Individualized Education Plan Only the principal, or the principal’s designee, Only the principal, or the principal’s designee,

may authorize the use of isolation or restraint. may authorize the use of isolation or restraint. When the use of restraint or isolation is proposed When the use of restraint or isolation is proposed

at an IEP meeting, parents/guardians shall be at an IEP meeting, parents/guardians shall be advised of the provisions of T.C.A. 49-10-1301, et advised of the provisions of T.C.A. 49-10-1301, et seq., this rule and the IDEA procedural seq., this rule and the IDEA procedural safeguards. safeguards.

An IEP meeting convened pursuant to T.C.A. §49-An IEP meeting convened pursuant to T.C.A. §49-10-1304(b) may be conducted on at least twenty-10-1304(b) may be conducted on at least twenty-four (24) hours notice to the parents. four (24) hours notice to the parents.

Revocation of Services

Parent/Guardian may revoke special education and related services by submitting a written statement

Procedural Safeguards reviewed and given to parent

Prior Written Notice and written statement should be placed in student cum file.

Prior Written Notice and copy of written statement should be given to Compliance Facilitator for processing.

*All Services should end IMMEDIATELY*

Reporting of Abuse

If any school personnel has knowledge or reasonable cause to suspect that a student is a victim of child abuse or sexual abuse that occurred on school grounds:

Parent or guardian must be verbally notified within 24 hours.(not if parent is suspected of abuse)

Department of Children and/or law enforcement services must be notified within 24 hours.

Medication

LEA may not use the parent's refusal to consent to LEA may not use the parent's refusal to consent to administration of a psychotropic medication to a administration of a psychotropic medication to a student or to a mental health screening, evaluation, student or to a mental health screening, evaluation, testing or examination of a child or student as testing or examination of a child or student as grounds for prohibiting the child from :grounds for prohibiting the child from :

Attending class Attending class Participating in a school-related activity Participating in a school-related activity Reporting or charging child abuse, child neglect, Reporting or charging child abuse, child neglect,

educational neglect, or medical neglect. educational neglect, or medical neglect. LEA shall not use nor threaten use of school sanctions LEA shall not use nor threaten use of school sanctions

to a student to coerce parental consent to a mental to a student to coerce parental consent to a mental health screening, evaluation, testing or examination. health screening, evaluation, testing or examination.

Lopez Decree All Special Education buses will be equipped

with video monitoring equipment and a bus monitor.

Students with a disability who are determined to pose a risk of sexual harassment while riding a general education bus will be transferred to a special education bus.

Students without a disability who are determined to pose an unreasonable risk of sexual harassing another student shall not be allowed to ride any MNPS school bus.

Transportation for Students with Disabilities

Policy SS 3.115 The need for special transportation must be

described and documented in the student’s IEP Compliance Facilitator processes the

Transportation Order and notifies the Designated Official.

Special Education Buses: Full time monitor. General Education Buses: IEP team determines

the need for bus monitor All requests for a bus monitor must be

documented in the Prior Written Notice (PWN)

Principal’s Responsibilities(SS 3.115-Transportation)

• Communicate, verbally and in writing, with any bus driver, especially substitute drivers and bus monitors, the following:

– Behavior issues and directions on managing conduct.– Details of any existing individual safety plans and/or the

need to collaborate and establish an individual student safety plan.

• Provide a copy of a written individual safety plan • Ensure staff will receive and supervise students who ride

special transportation during arrival and dismissal times.• Maintain and update the Department of Transportation

reference notebook.• Be available by district provided cell phone for

notification of bus emergencies.

Behavior Reintegration Plan

Goal is to reintegrate students in MIS classes into the least restrictive setting.

When the student is referred for placement in MIS, the team will: Identify behavioral, social and academic

skills the student needs to succeed in the LRE

Develop IEP goals based on these skills. Assess prospective reintegration

settings to find the best fit.

Behavior Reintegration Plan (cont’d)

Meet with general education teachers and conduct inventories of :

Behavioral, social, academic expectations

Classroom routines and procedures Work completion expectations Attendance and make-up work policies Grading policies Test-taking expectations Homework policies Teacher styles

Behavior Reintegration Plan (cont’d)

Collect ongoing data on the student’s progress in the areas of behavior, social skills and academics.

At IEP reviews: Monitor progress towards long-term

reintegration goals. Determine present levels of

readiness for integration. Update the IEP goals and objectives.

Exceptional Education Support Staff

CF Compliance Facilitator IF Instructional Facilitator TF Transition Facilitator Autism Team Psychologist SLP: Speech Language Pathologist OT Occupational Therapist PT Physical Therapist Vision and Hearing Itinerant

Professional Development

Accommodations and Modifications Co-Teaching Models for Inclusive Services Differentiated Instruction Easy IEP IDEIA: Discipline and Legal Issues Inside Our

Schools Improving Functional Communication Skills Inclusion Strategies Autism Inclusive Services Part I and II Inclusive Service Delivery for Administrators Nonviolent Physical Crisis Intervention (CPI) Principles of Transition

PD Cont’d

Promoting Social Skills for Students with Autism

Related Arts Inclusion Strategies for Autism Response to Intervention Roles and Responsibilities of the Para-Pro School-Wide Positive Behavior Support Sensory Strategies for Students with Autism Supporting Mental Health In The

Schools/FBA/BIP TCAP-ALT Training

Resources

www.wrightslaw.com www.dlactn.org/ www.tennessee.gov/education/

speced www.cec.sped.org

Implications for Educators

The IDEA amendments brought significant changes in the way public schools refer, evaluate, identify,

serve, and discipline students with disabilities. IDEA incorporates most of the No Child left Behind Act requirements for students with

disabilities.

Know the LawsUse Best Practices

Provide FAPESet High Expectations

? QUESTIONS ?