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Sylvanie Williams College PrepSylvanie Williams College Prep Elementary SchoolElementary SchoolFamily HandbookFamily Handbook

2012-20132012-2013

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SYLVANIE WILLIAMS COLLEGE PREPFamily Handbook 2012-13

Everything you need to know to help your child be successful at College

PrepTable of Contents

SWCP School Mission............................................................................................2The SWCP Values........................................................................................2Attendance………………………………………………………………………………………………..3Discipline and Culture.................................................................................6Uniforms and Dress Code............................................................................8Communication........................................................................................10Homework................................................................................................11Promotion to the Next Grade....................................................................11Electronic Devices.....................................................................................12Parent Involvement..................................................................................12Nursing/Health Services............................................................................12Bus Transportation...................................................................................13School Breakfast/Lunch ............................................................................14School Calendar/Closings Information.......................................................14Student Records.......................................................................................15Discipline Policy and Procedures for Students with Disabilities..................16

Sylvanie Williams College Prep Elementary School

3127 Martin Luther King Jr. Blvd – New Orleans, LA 70125

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School HoursMonday,Tuesday,Thursday and Friday: 7:20am –

3:55pmEvery Wednesday: 7:20am – 1:55pm

Unless otherwise noted in the school calendar or newsletter

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The Mission of Our SchoolSylvanie Williams College Prep Charter School will prepare each of its students to enter and excel in a rigorous 4-year college or university.

The SWCP ValuesWe have five core values: Excellence, Respect, Perseverance, Caring, and Joy. These values set very high standards for both students and teachers. We call our values our “Laws of Success.”

o EXCELLENCE – Work hard to learn as much as we can.

o RESPECT – Find a peaceful solution. On problems take a stand.

o PERSEVERANCE – Believe in ourselves. Never stop trying.

o CARING – Show love and kindness ‘til we’re all flying.

o JOY – Have fun! Be curious! Celebrate our best!

We will “grade” ourselves during the school year, asking staff, students and parents to evaluate our school culture. We think it’s important for everyone – especially parents – to know the kind of school atmosphere we try to create so everyone can be involved.

Recognition Systems / Awards: We teach, practice and discuss our values every day. During Community and Morning Meetings, students learn about the values and have opportunities to recognize others for showing character through “Shout Outs.” Teachers reinforce the values during academic instruction and when teaching behavior. Students will have an opportunity to receive recognition from teachers or other school staff for showing strong character or exemplifying our school values. These scholars will be recognized and rewarded during our weekly Community Celebrations in front of the entire student body. Parents are ALWAYS welcome to join us for these assemblies.

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AttendanceGeneralFor students to achieve, they must be at school every day. By Louisiana law, timely, regular attendance is required. SWCP Parents/Guardians must ensure that children are in school, as outlined in the Promise of Excellence.

All absences (Excused and Unexcused) are still counted as absences. By law, any day a child misses school is an absence, even for illness or a death in the family. A doctor’s note, while important to document the reason for an absence, does not remove an absence. Doctors’ excuses are required for students to make up work missed due to absence. Doctors’ notes are considered if a student fails to meet attendance requirements for promotion.

Suspensions Are Considered Absences: If a student is absent from school due to suspension, the days will be treated the same as an absence.

Tardiness and Early Check-out: Tardiness and early check-out to and from school impacts a student’s attendance rate. For every five times a student is tardy, s/he will be counted absent. Time missed due to tardiness or check-out is tracked. Students who are habitually tardy or checked out early will receive consequences accordingly and will be contacted by school staff.

Wellness visits and other appointments should not be scheduled during school hours. In the rare case that a student has a medical appointment when school is in session, s/he should not be absent for the entire school day, and a doctor’s note should be given to the school.

Tracking Attendance: SWCP will take attendance daily and keep records of all student absences. If a student misses school, we will contact the student’s parent/guardian by telephone, writing, or in person. School officials will conference with parents/guardians when attendance issues become excessive, taking action as per Louisiana law.

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Consequences for Absences# of

AbsencesRewards / Consequences

0 Students, Parent/Guardian recognized for excellent attendance

1 Parent / Guardian contacted by the school. Student/Parent / Guardian recognized for good attendance

3

One or more of the following will occur: Written notification of attendance status is issued Parent meets with school staff member regarding attendance and/or

creates a plan to reduce absences Home visit from school officials

7

School Counselor formally documents multiple absences Parent/Guardian is notified Parent/Guardian is reported to FINS (Families in Need of Services) Record is placed in child’s permanent file Parent/Guardian attends mandatory meeting for possible retention

10 Student exceeds legal attendance limits and will not be promoted to

the next grade Report filed with Orleans Parish Court with possible fines/community

service

Seven Absences in a Year: The State Board of Education requires any elementary school student in Louisiana to be present for a minimum of 166 school days. SWCP has 173 instructional days in the 2012-2013 school year. Therefore, a student cannot miss more than 7 days of school if s/he expects to pass the attendance requirements set by the state.

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Arrival and TardinessGetting to school on time is a key to each child’s success – at school and in life. At SWCP, the learning begins from the moment students walk in the door. Late students miss academics, and tardiness in general is a bad habit. One of the most common reasons people lose their jobs is tardiness.

Students arriving after 7:45 A.M. are considered tardy. Students are not considered tardy if their school bus arrives after 7:45 A.M.

No breakfast will be served to students who arrive after 8:55A.M. Early drop-offs. Students may be dropped off as early as 7:20 A.M. No

students are allowed in the building, nor is there a chaperone for students before 7:20 A.M.

Consequences for Tardiness - The following is a description of the consequences for tardiness:- When cumulative tardies add up to four hours of missed

instructional time, the student will be counted absent for one day and the absence will be recorded as such in the student’s attendance record.

- Consequences for absences due to tardies are applied accordingly.

Students/Families will be recognized and rewarded monthly for timely attendance.

Dismissal Early Dismissal: Early pickups are disruptive to the learning

environment. SWCP will not release students prior to 3:55pm (1:55pm on Wednesdays) unless the school has been notified by phone or writing by 1:00 P.M. that day.

Late Dismissal: Parents must pick up students on time. Teachers plan after school and cannot chaperone students when parents fail to arrive on time. When parents fail to pick up their children on time, children will be taken to the District 6 Police Station.

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Discipline and CultureAt SWCP the learning environment is sacred. We do whatever it takes to make sure every child is safe (physically, emotionally, and intellectually) and can learn without disruptions. We have very high expectations for behavior, and we “sweat the small stuff” to maintain a focused learning environment.

Teachers and staff model and teach the SWCP Values and Laws of Success. We give students “Shout Outs” for excellent conduct, and students may earn recognition for consistent, exceptional behavior and work ethic.

Parents/Guardians with concerns about Discipline and Culture should contact students’ teachers directly, Angela Lockley, Dean of Students and Families at 504-256-2778 or Anthony King, Assistant Dean at 504-444-9965.

School-wide Discipline SystemSWCP Elementary School-wide Discipline System is a Responsive Classroom approach based upon the SWCP Values/Laws of Success. Students are taught to be responsible for their behaviors according to the following responsibility system:

D - Democracy – Green level Making positive choices without external motivators; self-governance

that benefits the whole communityC - Compliance and Cooperation – Yellow level

Making positive choices with external motivators; civilityB - Bossing, Bullying, Blurting out – Orange Level

Making choices that violate the class/school norms and expectations and have the potential to harm self or others

A - Anarchy – Red level Making choices that severely violate the class/school norms and are

likely harm self, others or community

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Students begin at the “C - Compliance” level every day. They move up or down in the system based on their behavior. When students reach the “B- Bossing/ Bullying” or Orange level, they must recognize and change their behavior or they will soon move to the “A-Anarchy” or Red level. Recognition is given for behavior at the Democracy or Compliance levels. Consequences are issued for behavior at the Bossing/Bullying or Anarchy levels.

ConsequencesLogical consequences connect directly to the kind of misbehavior shown and can be classified in the following manner:Loss of Privilege – When a student’s behavior shows a lack of appreciation for the importance of education, s/he may be restricted from participating in recess, choice activities or extracurricular events.

Reparations – Students who hurt or cause damage to someone or something will be expected to repair the damage done. Depending on the severity of the behavior, reparations may include something as simple as an apology or something as significant as a work day to repair damaged property.

Time out – Students may be given a time out in class or be directed to another classroom to cool down and refocus. For repeated or more serious misbehaviors, they may be referred to Skills Center (SC) by the teacher. In SC, students will reflect on their behavior as it relates to our community rules. Skill Center staff, through guided learning, will work with students to develop appropriate social skills that promote positive behavior. Once a student is referred to SC, a parent will be called and asked to provide additional support whenever a child is sent out of the classroom.

After School Detention/In School Suspension – When students repeatedly misbehave despite teacher and school interventions or if behaviors significantly violate the school expectations, he/she may be assigned an In-School Suspension (ISS) or an After School Detention (ASD). Parents must provide transportation for ASD students.

Suspensions and Expulsions – For extremely serious behaviors, including repeated minor behaviors, students can be suspended or expelled as per Louisiana State Law. Fighting always results in out of school suspensions. When students return from suspension, they will conference with appropriate school staff before returning to class.

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Bullying Policy________________________________________________________The Bullying Prevention Act of 2012, House Bill 407, prohibits any fear inducing, threatening or abusive gestures or written, verbal or physical act in public elementary and secondary schools. This bill affects the livelihood and well-being of students all over the state of Louisiana.

It seems that too often in our culture, bullying is trivialized. Bullying is not “character building.” It is isolating, intimidating, and hurts children, sometimes to the point where the victim of bullying will take his or her own life after enduring verbal taunting and physical abuse day after day.

“Bullying” is conduct that meets the following criteria:

is reasonably perceived as being dehumanizing, intimidating, hostile, humiliating, threatening, or otherwise likely to evoke fear of physical harm or emotional distress;

is directed at one or more scholars; is conveyed through physical, verbal, technological or emotional means; substantially interferes with educational opportunities, benefits, or

programs of one or more scholars; and adversely affects the ability of a scholar to participate in or benefit from

our school’s educational program or activity by placing the scholar in reasonable fear of physical harm or by causing emotional distress.

The scope of this policy includes the prohibition of every form of bullying, harassment, and cyber-bullying/harassment, whether in the classroom, on school premises, immediately adjacent to school premises, when a student is traveling to or from school, or at a school sponsored event, whether or not held on school premises. Bullying or harassment, including cyber-

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bullying, that is not initiated as a location defined above is covered by this policy if the incident results in a potentially material or substantial disruption of the school environment for one or more scholar and/or the orderly day-to-day operations of our school.

In accordance with the law, we have the right to implement procedures that ensure both appropriate consequences and remedial responses to a scholar who commits, initiates, or participates in bullying of any kind. We have zero tolerance for bullying; therefore, school administrators will take necessary course of actions as well as ensure fairness and impartiality for all involved.

We believe that standards for scholar’s behavior must be set through interactions among scholars, parents and guardians, staff, and community members producing an atmosphere that encourages scholars to grow in self-discipline and their ability to respect the rights of others. The development of this atmosphere requires respect for self and others as well as for the community property on the part of students, staff, parents, and community members.

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Discipline Policy and Procedures for Students with Disabilities is found on pages 16 – 22.

School UniformsDressing appropriately is the first rule a student learns at SWCP. We are very strict about uniforms because we expect every child to follow every rule completely. There are several reasons we believe uniforms are important.

Uniforms unite us as a community. When you look at the SWCP Elementary shirts, it is a powerful visual statement of our community. Students make a commitment that when they put on the SWCP uniform; they are agreeing to live up to the school’s values.

Uniforms reduce distractions and clothing competition. Often students spend more time discussing and evaluating what others are wearing or not wearing than they spend focusing on learning. Wearing uniforms eliminates this distraction.

Uniforms look professional. Students look neat when they arrive to school with shirts tucked into their khaki pants. The students come mentally prepared for school and “dressed for work.”

Uniform Free DaysOn certain occasions, students may earn the privilege of free dress. When these days occur, it will always be communicated via the weekly school newsletter. Students who elect to participate in free dress must meet respectable and professional dress code norms that align with the basic expectations in the uniform dress code. Violations of dress code on dress down days will be determined by the administrative staff, and parents will be notified.

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Dress CodeStudents must dress in the complete uniform every day. Logical consequences will be issued to students who fail to comply with the dress code on a consistent basis.

SHIRTS: Official SWCP Elementary polo shirt in navy blue or green with SWCP stitching. Undershirts must be short-sleeved white and be hidden under the SWCP shirt.

SWEATERS: Dark green button-down SWCP sweater purchased from Foley Uniforms. Shirts

must be tucked in underneath sweaters. PANTS/SHORTS/SKORTS:

Plain dress khaki or navy blue pants, knee-length shorts or knee-length skorts only. No extra stitching, labels or markings (no Dickies labels, cell phone pockets, etc.). Pants must fit the hips snugly. No skirts are allowed.

BELT: Plain dark brown or black belt only. Belts are part of the uniform and must be

worn every day. No fancy buckles or markings are allowed.SHOES and SOCKS:

Closed-toed, plain dark brown or black. Solid color (no white trim, markings or decorations). No “Chucks,” boots, or ballerina shoes. Plain white, black, brown or khaki socks.

JACKETS/OUTERWEAR Coats are allowed during cold weather and hung up when students arrive. Uniform sweaters are the only outerwear allowed to be worn in the building.

JEWELRY/TATTOOS: Simple watches are permitted, but no bracelets or necklaces. Girls may wear small stud earrings - no hoops or drops. Boys may not wear

earrings of any kind. Tattoos must be covered; temporary tattoos are not allowed.

HEADWEAR / HAIRSTYLE: No hats, head scarves, “do rag”, etc. Headwear for religious purposes only. Modest head bands and navy blue, green, gold, white, black, brown, or tan

ribbons/beads for girls are allowed (limit 3). No hair tattoos, hair carvings or Mohawks. Dreadlocks must not cover the face.

MAKE-UP No make-up of any kind or distracting nail polish is permitted.

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CommunicationSWCP expects parents to be partners in the education of their children. If there is a concern, we want to hear about it. We promise to treat you and your concern with respect, and we insist parents do the same. SWCP will not tolerate disrespect toward any SWCP staff, teachers or administrators.

Parents must update the school of any contact changes that occur during the year. The safety of your child depends on having accurate information.

In order to be effective partners, we will communicate in the following ways:

Phone Calls: Teachers have cell phones to communicate with parents about students’ progress. Teacher phone numbers are provided to all parents/ guardians. Please call/text teachers between 5-8 P.M. to discuss any concerns. Similarly, teachers will regularly contact parents by phone to solve problems. Parents/guardians may use the following contacts for non-classroom concerns:

General School Information – SWCP Hotline – 504-522-0100o Openings/Closings, Request transportation change, Uniforms,

Calendar Bus Routes/Late Bus Info – Hammond Transportation – 504-662-0261 Discipline Concerns – Angela Lockley, Dean of Students/Families – 504-

256-2778 Family/Social Concerns – Holly Wherry, School Counselor – 504-390-8767 All other concerns – Heidi Campbell, School Principal – 504-654-9291

Meetings: Face-to-face meetings may be requested by the school or the parent/guardian to address certain problems. Parents/Guardians are expected to attend any requested meetings by school officials.

Progress Reports are sent home between grading periods. Progress Reports communicate student progress before the end of the marking period.

Home Visits: From time to time SWCP staff will visit the homes/families of our students. We do this to increase communication and better serve your children and family needs.

Report Card Conferences: Four times a year, parents must come to the school for Report Card Conferences with their child’s teachers. Parents receive a written

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Report Card at this conference. Report Card conferences are REQUIRED as WE DO NOT SEND REPORT CARDS HOME WITH STUDENTS.

Parent/Guardian Visits – SWCP has an open door policy to encourage parents to come to the school and visit the classrooms. All visitors must check in at the office for a visitor’s badge before going to classrooms in order to keep our school safe.

HomeworkHomework is an important part of learning and teaches students the importance of responsibility, managing time, developing study habits, and staying with a task until it is done. Homework will be assigned daily at SWCP Elementary and must be completed each night.

If a student’s homework is incomplete, then s/he may be assigned silent lunch to complete the homework or a related assignment. Parents/ Guardians will receive a phone call if a child has missed several assignments.

Grading ScaleA = 90% - 100% mastery of subject matterB = 80% – 89% mastery of subject matterC = 70% - 79% mastery of subject matterD = 65% - 69% mastery of subject matterF = 0%-64% mastery of subject matter

Promotion to the Next GradeSWCP students must earn promotion to the next grade by showing mastery of grade-level knowledge and skills. Promotion will be based on attendance, grades, test scores, developmental readiness and other measures. Timely, regular attendance is required for promotion.

Sometimes a child may be Placed in the next grade without mastering all expectations. If so, a hearing is conducted with the School Building Leveling Committee to consider all factors.

Students with IEPs will be promoted to the next grade based on successful completion of the IEP goals. Students with IEPs must meet attendance requirements for promotion.

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Electronic DevicesNo cell phones, radios, beepers, CD players, toys, Game Boys, play cards, PSPs, cameras, games or other electronic devices are allowed at school or on the bus.

These items will be confiscated by school officials. Parents may reclaim item(s) from the Dean’s office. SWCP is not responsible for the loss of any item a child brings to school in violation of this policy.

Parent InvolvementA solid partnership between home and school is critical to student success. SWCP Parents are asked to be as involved as possible through volunteer opportunities. This includes celebration, field trips, and helping out in classrooms. Additionally, there are many ways to get involved through events sponsored by the Parent Teacher Committee.

Nursing Services & MedicationNursing services are available on campus in compliance with state regulations. Parents/Guardians should have a doctor or health center look into any recurring health problem a child is having.

The law requires SWCP collect completed health forms/files for every student. The health form documents the vaccinations that a child has received to date. Vaccinations will be arranged throughout the school year.

If your child requires medication during school hours, please contact the school’s Nurse to request a Medical Administration Form (or MAF). By law, medication cannot be administered to your child until your child’s physician has completed the form. This requirement pertains to all medicine, including Aspirin, Tylenol, and other over-the-counter medicines. DO NOT SEND ANY MEDICINE TO SCHOOL WITH YOUR CHILD.

The school will keep a detailed log of all medicines administered on campus.

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School Bus TransportationSWCP provides transportation for any student living more than a mile from school. However, we believe the right to free transportation is dependent on a student’s behavior while waiting for and/or riding the school bus.

Be early! Children should be at the bus stop at least 10 minutes before their stop time.

Children Ages 8 and under must be accompanied by a parent/guardian when getting on and off the school bus. When parents/guardians are not present at stops to receive young children, bus drivers will take them to the nearest police station.

Poor Bus Behavior – Students must remain in their seats, talk quietly, and follow all directions given by the bus driver. Students who behave poorly on the bus compromise the safety of themselves and others. Poor bus behavior may result in suspension or termination of transportation services. If your child is suspended from the bus, it will be your responsibility to arrange for alternative transportation.

In an Emergency, call the school – If there is an emergency that requires a change in your child’s transportation plans, please call the school immediately to make arrangements. The school does not accept transportation change requests by telephone after 1:00 PM EXCEPT in the case of an emergency.

Parents/Guardians with concerns about transportation should contact:

Angela Lockley Anthony King Elementary School Dean Assistant Dean 504-256-2778 504-444-9965

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School Lunch Program Breakfast and lunch are served at SWCP. All parents/guardians must complete and submit a lunch application form. The form is used to determine the level of assistance that a child will receive. Families who qualify for partial assistance only and families who are not eligible for assistance may be billed monthly for the cost of each lunch. The school’s Business Manager will review the costs and set up a payment plan, if needed.

Parents may send lunch to school. If you send lunch to school with your child, we ask that you send nutritious foods, such as a sandwich, fruit, vegetable, apple juice, etc. No junk food (gum, donuts, honey buns, noodles, soda, chips, candy, etc.) is allowed. Unhealthy food and drink items will be confiscated.

School Calendar & ClosingsPlease see the SWCP School Calendar for the scheduled school days for the 2012-2013 school year. Please note that we do not follow the Recovery School District or New Orleans Public Schools calendars.

SWCP will only close school in cases of extreme weather conditions. In such situations, parents may listen to local radio and TV stations, call the school hotline at 504-522-0100, or call your child’s teacher for latest information.

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The school administration is responsible for all student records. We will discuss, explain, and/or make any records on file available to legal parents/ guardians. If a parent would like to examine a child’s record, the parent should submit a request in writing to school administrators. Within 10 days, the parent/guardian will be allowed to inspect the file and may request a copy of any information contained in the record. There are two different types of student records, which will be treated differently:

1. Directory Information: Directory Information is basic information about students, such as name, address, telephone number, date of birth, participation in activities, awards received, etc. This information may be made available to others for specific use without the consent of the parent/guardian. If a parent/guardian would not like such information released, he or she should submit a request in writing to the Principal.

2. Confidential Records: Confidential Records include grades, evaluations, disciplinary actions, and health records. Confidential records will not be made available to any non-school personnel without consent by the parent/guardian.

Legal Changes in student status (guardianship, legal residence, court orders, etc.) must be presented to the school in hard copy form. If you have issues or concerns about this policy, please contact the school counselor, Holly Wherry, at 504-390-8767.

Discipline Policy & Procedures for Students with Disabilities

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I. Overview of Procedural Safeguards A. General. Disciplinary actions give students with disabilities extra legal protections when the discipline constitutes a

change in placement. If a student violates the Student Code of Conduct, before consequences or punishment are imposed, the principal/designee must consider whether the student:

Has an IDEA or Section 504 disability; or Is a student who is “thought to have a disability.”

While all students may be disciplined, the placement of students with disabilities cannot be “changed” when the offense is directly related to his/her disability or when the IEP or Section 504 plan is not implemented, except in the case of emergency circumstances (drugs, weapons, significant bodily injury). See Section II for more information about emergency circumstances.

B. Determining Change in Placement. A change in placement is a legal term that applies to the situations described below. A student’s school suspension that occurred in a LA local education agency (LEA) during the same school year of transfer into another LA LEA “counts” and is added to any additional suspensions in the new school. 1. More than 10 Consecutive Days of Suspension, i.e., Expulsion

Any suspension that is for more than 10 consecutive days is considered to be a change in placement. 2A. More than 10 Total Days of Suspension in One School Year. Option 1

A series of suspensions with days that total more than 10 total school days in a school year is a change in placement.1 The special education chairperson, with assistance and documentation from the Administration/Disciplinarian, monitors the number of days each student has been suspended. Students with disabilities who have not reached this 10-day threshold may be suspended under the procedures that apply to all students.

2B. More than 10 Total Days of Suspension in One School Year. Option 2A series of suspensions with days that total more than 10 total school days in a school year may be a change in placement.2 The special education chairperson, with assistance and documentation from the Administration/Disciplinarian, monitors the number of days each student has been suspended. Students with disabilities who have not reached this 10-day threshold may be suspended under the procedures that apply to all students.

Factors for Determining Pattern of SuspensionsSubstantially Similar Behavior. Is the student’s behavior substantially similar to the behavior for which the student has previously been suspended? (Factors may include same type of behavior, same victim, same class, same day of the week or same time of day, etc.) If the answer is yes , continue with the following analysis:

Other Pattern Considerations. Consider such factors as: Length of each suspension, e.g., 1 day, 4 days, etc. Total cumulative days of suspensions, e.g., 11 days, 20 days, etc.Proximity of (time between) suspensions, e.g., 1 week apart, 2 months apart, etc.

A pattern is more likely to exist when the facts in each factor are more extreme, e.g., longer suspension lengths, more cumulative days of suspension and fewer days between each suspension. Also, consider whether the suspensions are: from the same class on a regular basis; on the same day of the week; at the same time of day; for the same activity; involving same staff or other students. Consistent Decision-Making. Determining whether a pattern exists is very subjective. Thus, school staff should consult with a Department of Education Representative (Office of Federal Programs Support) when considering this issue to ensure that factors are considered consistently across schools.

The Determining a Pattern of Suspensions Worksheet, Appendix A, should be used to document consideration of this issue whenever a student’s suspension has surpassed 10 cumulative days for

1 In-school suspension and suspension from the bus may constitute a suspension to the extent they impact implementation of a student’s IEP. See additional information on the next page.2 In-school suspension and suspension from the bus may constitute a suspension to the extent they do not impact implementation of a student’s IEP. See additional information on the next page.

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the year.

3. Additional Considerations. The following considerations apply to in-school suspension; a suspension or removal for a portion of the school day; and for suspensions from transportation.

a. In-school Suspension. An in-school suspension will not be considered as a suspension for the above purposes as long as a student is given the opportunity to continue to: appropriately participate in the general curriculum; receive IEP specified services; and participate with nondisabled children to the extent (s)he would have in the current placement. Any in-school suspension that does not meet this standard must be considered as a suspension for purposes of these procedures.

b. Suspension/Removal for Portion of School Day. Students sent home from school in the morning because of misconduct is considered to have a full-day suspension. Students sent home in the afternoon is considered to have a half-day suspension. These conditions apply unless the student’s BIP specifically calls for the student to receive a shortened school day when certain behaviors are exhibited. 3

c. Bus Suspension. The following standards apply based on whether transportation is a related service on the IEP:

1) Bus Transportation Is IEP Service. When transportation is an IEP service, a student’s removal from the bus is considered to be a suspension unless transportation is provided in some other way. In this case, transportation has been determined to be necessary for the student to access educational services.

2) Bus Transportation Is Not IEP Service. When transportation is not an IEP service, the student’s removal from the bus is NOT considered to be a suspension. In this case the student/parent have the same obligations for the student to get to and from school as any nondisabled peers suspended from the bus. However, school officials should consider whether the bus behavior is similar to classroom behavior that IS addressed in an IEP and whether the bus behavior should be addressed in the IEP or through a BIP.

Monitoring Suspensions - Principals must have procedures in place to monitor and cumulatively total all suspensions for students with disabilities.

C. Determining Manifestation Determination & Services. 1. Manifestation Determination. Within 10 days of any decision resulting in a change of placement the LEA

representative, parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA representative) must meet and determine whether the student’s behavior is a manifestation of his/her disability using the Manifestation Determination form. The procedures below are used to make this determination. a. Making the Decision

1) Review Relevant Information. The team participants review all relevant information in the student’s file, including the IEP. If the IEP was not implemented, the team documents why it was not implemented and whether the failure to implement the IEP impacted the student's behavior.

2) Observe Behavior. The team also reviews documentation of staff observations regarding the student's behavior. This should include an analysis of the student’s behavior across settings and times throughout the school day.

3) Information from Parents. The team reviews any relevant information provided by the parents.4) Ask Two Questions to Determine Manifestation. The team must consider the two questions below to

determine if a student’s behavior was manifested by his/her disability.

3 Note: The Student Information System allows only the entry of suspension for a full day; half days are not permitted. Thus, there may be a difference between a student’s actual total number of suspension days and the total recorded on the System. The student’s “actual” full time equivalent days of suspension, however, are relevant to the application of these standards. Schools are strongly encouraged to enter suspension data in “real time.”

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a) Relationship of Behavior to Misconduct. Was the conduct caused by or directly and substantially related to the student’s disability? Consider whether the behavior in question has been consistent and/or has an attenuated association with the disability:

Consistent Behavior. Behavior that has been consistent across settings and across time may meet this standard. Attenuated Association. Behavior that is not an attenuated association, such as low self-esteem, to the disability would not have a direct and substantial relationship to the student’s disability.

b) IEP Implementation. Was the conduct a direct result of the school’s failure to follow the student’s IEP? If so, the principal must ensure that immediate steps are taken so that the identified deficiencies are remedied.

d. Behavior Is Manifestation of Disability. If the relevant members of the IEP team answers yes to either question, then the student’s behavior is a manifestation of his/her disability. In this case: 1) Return to Placement. Unless the IEP team agrees to a change of placement as part of the

modification of the BIP, the school must return the student to the placement from which (s)he was removed. Note: this provision does not apply to students involved with weapons, drugs or serious bodily injury. (See Section II.)

2) FBA & BIP. The IEP team must conduct or review a functional behavioral assessment (FBA) and create a behavior intervention plan (BIP) addressing ways that the school can help the student with the conduct at issue. If the student already has a BIP, it must be reviewed and modified to address how the school can better assist the student with the conduct at issue. Note: If the FBA requires a new assessment of student behavior, parental consent is required.

e. Behavior is NOT Manifestation of Disability1) Same Consequences. If the IEP team members agree that the student’s conduct was not a

manifestation of his/her disability, then the student may be subject to the same consequences as all students.4

2) Required Services. A student with a disability who is removed from his/her current placement must receive the following services beginning on the 11 th day of cumulative suspensions during the school year. The IEP team: a) Identifies Services. Identifies and documents educational services the students will receive to

enable the student to continue to participate in the general education curriculum, although in another setting (e.g., an interim alternative educational setting (IAES), etc.) and to progress toward meeting the goals set out in the student’s IEP; and

b) Develops/Reviews FBA/BIP. Provides, as appropriate, an FBA and BIP services and modifications, which are designed to address the behavior violation so that it does not recur.

c) Considers Need for More Restrictive Services. May convene and modify the student’s IEP. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the requirements of this section, is appropriate for a student with a disability who violates a code of student conduct.

II. Weapons, Drugs or Serious Bodily Injury: Emergency Procedures In circumstances related to a student’s use of weapons, drugs or imposition of serious bodily injury, school officials may remove a student for 45 school days by following the procedures below.A. Criteria for Emergency Removal.

1. Weapons. A student carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the school’s jurisdiction.

A weapon is a device, instrument, material or substance animate or inanimate that is used for or is readily capable of causing death or serious bodily injury (excluding pocket knife with a blade of less than 2 ½ inches in length); firearms, including a starter gun; the frame or receiver

4 If a parent disagrees with the team’s decision that the behavior was not a manifestation of the student’s disability or with the interim alternative educational services or location, the parent may request an expedited due process hearing to challenge this finding. If the Hearing Officer agrees with the parent, the student will remain in the school where the offense was committed unless the parent and the school agree otherwise.

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of such a weapon; a muffler or silencer; any destructive device including any explosive incendiary or poison gas bombs, grenades, rockets, missiles and mines; does not include antique firearms.

2. Drugs. A student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the school’s jurisdiction;

A controlled substance is a drug or other substance in the Federal Code that does not include a substance legally used and possessed under the supervision of a licensed health-care professional.

Possession of alcohol and tobacco does not fall under “controlled substance.” Therefore, the principal cannot move a student to an IAES for possession of these items under this section. Instead, the removal is subject to the procedural safeguards applicable to other types of misconduct.

3. Serious Bodily Injury. A student inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the State or an LEA. 5

Serious bodily injury involves substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

B. Removal1. General. The school may immediately remove the student for up to 45 school days to an IAES. Because drugs,

weapons and serious bodily injury are so dangerous to a safe school climate, a school may remove a student under these circumstances for 45 school days regardless of whether the team believes that the behavior is a manifestation of the student’s disability. The 45 school days do not include those days the school is not in session, e.g., Spring Break. The IEP team may specify a removal for fewer days than the maximum 45 days.

C. Action during Removal. During the 45 school day period, the school must convene a meeting to determine whether the student’s behavior is a manifestation of his/her disability. (See Section I.C. above for more information about the manifestation determination process.) 1. Behavior IS Manifestation of Disability

a. FBA/BIP. As discussed above, the IEP team must conduct or review an FBA and create a BIP addressing ways that the school can help the student with the conduct at issue. If the student already has a BIP, it must be reviewed and modified to address how the school can better assist the student with the conduct at issue. Note: if the FBA requires a new assessment of student behavior, parental consent is required.

b. Reevaluation. The student may be referred for a reevaluation. c. More Intensive Services. The IEP team may meet to consider more intensive special education services

upon the expiration of the 45 day IAES or sooner.2. Behavior is NOT Manifestation of Disability

a. Disciplinary Hearing. If all team members determine that the conduct was not a manifestation of the student’s disability, then the 45 school day emergency placement may proceed to a disciplinary proceeding afforded to all students.

b. FBA/BIP. The student must receive, as appropriate, an FBA and BIP services and modifications, which are designed to address the behavior related to the disciplinary violation so that it does not recur.

III. Appeals A. Reasons for Requesting an Expedited Due process Hearing

1. Parent Disagreement. Parents who disagree with the appropriateness of the alternative placement or remedial disciplinary setting or services may request an expedited due process hearing.

2. School Considers Student to be Dangerous. If a school has documented reasons to believe that keeping the student in his/her current school is substantially likely to result in injury to the student or to others , the school should request an emergency hearing for the purpose of transferring the student to an IAES for up to 45 school days. Note: this standard is not as high as serious bodily injury; it does not allow for an immediate 45 school day removal.

B. Authority of Hearing Officer 1. A hearing officer may:

5 To comply with the law, a 45 school day emergency removal for serious bodily injury must be extremely serious, i.e., requiring medical treatment.

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a. Return the student to the placement from which the student was removed if the hearing officer determines that the removal did not comply with these procedures or that the student’s behavior was a manifestation of the student’s disability; or

b. Order a change of placement to an IAES for not more than 45 school days if maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

2. The school may repeat its request for an expedited hearing if it believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.

C. Expedited Due Process Hearing Procedures. 1. An expedited hearing must occur within 20 school days of the date the request is filed. The hearing officer

must make a determination within 10 school days after the hearing.2. Unless the parents and school personnel agree in writing to waive the resolution meeting or agree to mediate

the dispute: a. A resolution meeting must occur within seven days of receiving notice of the hearing request; andb. The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15

days of receipt of the hearing request.3. Evidence not disclosed to the other party three business days before the hearing is excluded, unless the

parties agree otherwise.Expedited due process hearing decisions are appealable to state or federal court.

D. Placement during Appeal of Discipline Decision1. Weapons, Drugs or Serious Bodily Injury. The student remains in the IAES pending the decision of the hearing

officer or until the expiration of the 45-day or code violation time period (if less than 45 school days), whichever occurs first, unless the parent and school personnel agree otherwise.

2. Behavior Not Manifested by the Student’s Disability. The student remains in the IAES pending the decision of the hearing officer or until the expiration of the 45-day or code violation time period (if less than 45 school days), whichever occurs first, unless the parent and school personnel agree otherwise.

3. Behavior Is Manifested by Student’s Disability but Belief Behavior is Substantially Likely to Cause Injury . The student remains in the placement (s)he was in at the time of the behavior in question unless the parent and school personnel agree otherwise.

IV. Students Without IEPs or Section 504 Plans “Deemed to Have a Disability” In some cases, a student without a disability will be deemed to have a disability. The criteria for making this determination and the applicable procedures relevant to such a finding are discussed below.A. Knowledge of suspected disability (Thought to be a student with a disability)

There are certain circumstances that would indicate a school had knowledge that a student might (or is thought to) have a disability prior to the violation of the disciplinary violation. The following three situations give rise to such legal evidence:1. Evaluation Requested. The parent requested an evaluation.2. Written Concern. The parent expressed concern in writing to the student’s teacher or school administration

about the student’s need for special education and related services3. Specific Concerns by Staff about Pattern of Behavior. The student’s teacher or other school staff told school

supervisory personnel of specific concerns about the student’s pattern of behavior. If any of the three factors above are present, then school officials consider disciplinary action as if the student has a disability.

B. NOT Deemed To Have Knowledge. This provision does not apply if: 1. Parent did not consent to an initial evaluation of the student 2. Parent refused special education and related services for the student or 3. The student was evaluated and was determined not to have disability.If any of these three circumstances exist, the student may be subjected to the same disciplinary measures applied to those without disabilities engaging in similar behaviors.The US Department of Education’s comments to the IDEA states: a public agency will not be considered to have a basis of knowledge merely because a child receives services under the coordinated, early intervening services of the IDEA law UNLESS a parent or teacher of a child receiving early intervening services expresses a concern, in writing, to appropriate agency personnel that the child may need special education and related services.

C. School Personnel Have No Knowledge and Parent Subsequently Requests an Evaluation

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If the parent requests an evaluation for a suspected disability after the student is sent to an IAES, the school must conduct an expedited evaluation at parental request. However, the student remains in placement, including an IAES, during the evaluation. If the student is found to have a disability, an IEP must be developed. The IEP team must then conduct a manifestation determination. If the behavior is manifested by the student’s disability, the team reconsiders the student’s placement in light of the new information

V. Referral to and Action by Law Enforcement and Judicial Authorities A. Reporting Crimes. Nothing in this part prohibits school personnel from reporting a crime committed by a student

with a disability to appropriate authorities or prevents State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a student with a disability.

B. Transmittal of Records. School personnel reporting a crime committed by a student with a disability must ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom the agency reports the crime. Records must be transmitted only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.

VI. Application of Section 504 and ADA Generally, students with disabilities eligible for services only under Section 504/ADA (i.e., need related and supplementary aids and services only) are entitled to the procedural safeguards specified in this section. An exception to this general rule applies to students with behavior that is not a manifestation of his/her disabilities. In this case, these students are entitled to those services normally available to nondisabled students who are suspended or removed pursuant to the school’s Code of Student Conduct.

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Appendix A. Determining Pattern of Suspensions WorksheetStudent Name _______________________________________ ID _____________________________

School ____________________________Disability___________ Grade _________ Date ___________

Determining if Pattern of Suspensions Exists For Students Suspended for More than 10 Cumulative School Days in School Year and NO Special Circumstances Apply (i.e., weapons, drugs or severe bodily injury)

Description of behavior related to disciplinary action:

Description of prior behavior:

Was behavior in question substantially similar to the student’s behavior in previous incidents?

___Yes ___No If “yes,” continue to determine if there’s a pattern. If “no” the behavior is not part of a pattern.

For all suspensions, attach dates of suspensions and number of days for each suspension & determine:

1. What is the cumulative number of days for all suspensions combined? ______ days

2. How many days of suspension were ordered for each separate incident?

3. What period of time separated each period of suspension? (days, weeks, months)

CONCLUSION: __ Pattern of Suspensions Exists __ NO Pattern of Suspensions Exists

Basis for Decision:

Individual Completing Review: _________________________ Title: ___________________

Consultation with: ___________________________________ Title: ___________________

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(INSERT SCHOOL CALENDAR)

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Documents

Our Mission:€¦ · Web view: If a student is absent from school due to suspension, the days will be treated the same as an absence. Tardiness and Early Check-out: Tardiness and