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August 2009

Principal’s Guide to DCPS Code of Student Discipline Final Version 1

District of Columbia Public Schools | August 2009 Page 2 of 41

Principal’s Guide to the DCPS Code of Student Discipline

Student Discipline Code Overview ...................................................................... 4

Philosophy and approach to student behavior and discipline ............................................................... 5

Chapter 25 overview ............................................................................................................................ 7

How to use this guide .......................................................................................................................... 8

School‐Wide Expectations ................................................................................... 9

How to set school‐wide expectations for school culture and student behavior .................................. 10 Introduction .......................................................................................................................................... 10 General roles for implementing school culture ................................................................................... 10 Preparing for teacher orientation ........................................................................................................ 11 First day/week of school ...................................................................................................................... 12 Throughout the year ............................................................................................................................ 13

School‐wide strategies to promote positive behavior ......................................................................... 14 Potential school‐wide strategies .......................................................................................................... 14 Supports from the Office of Youth Engagement .................................................................................. 14

A word about dress codes .................................................................................................................. 15

How to invest families ....................................................................................................................... 16

In‐School Disciplinary Procedures (Tiers 1‐3) ..................................................... 17

Strategies and expectations inside the classroom .............................................................................. 18 Setting up the classroom ...................................................................................................................... 18 Working with students to meet expectations ...................................................................................... 18

From the classroom to the office ........................................................................................................ 19

Documentation ................................................................................................................................. 20

In‐school behavior interventions ........................................................................................................ 21 On‐site suspension information ........................................................................................................... 22

Off‐site suspension and expulsion procedures (Tiers 4‐5).................................. 23

Handling persistent misbehavior and serious incidents ...................................................................... 24 Introduction .......................................................................................................................................... 24 Suspension/expulsion definitions ........................................................................................................ 25 In the moment ...................................................................................................................................... 25 Suspension/expulsion conference ....................................................................................................... 26 Approval process for suspension/expulsion ........................................................................................ 27 Appeals and Hearing ............................................................................................................................ 28 Communication with families ............................................................................................................... 29 Welcoming the student back to school ................................................................................................ 30



Supporting students with disabilities ................................................................ 31

Supporing students with disabilities ................................................................................................... 32

Functional behavior assessment ........................................................................................................ 32

Behavior intervention plan ................................................................................................................ 35

Manifestation meeting ...................................................................................................................... 37

Resources ........................................................................................................ 40

NOTE: Appendix with all required and sample forms is a separate document.



Student Discipline Code Overview



Philosophy and Approach to Student Behavior and Discipline

As schools begin to work with the new Student Discipline Code, they will create school and classroom rules to guide student behavior. To help school staff do this, we have written a set of guidelines: DCPS Philosophy and Approach to Student Behavior and Discipline (see below). This document describes the things that are most important to the DCPS community as we strive to provide a safe and effective learning environment for all students. The document is divided into four sections (full text on next page). Here is a summary:

1. Intentional School Culture – All people in schools will help create a positive, welcoming, safe, and productive learning environment. We will not simply post rules and punish students; we will be thoughtful about how we develop systems and procedures in schools, so that both students and adults are expected to show respect to each other, and are allowed to feel respected in return.

2. Comprehensive Student Support – We recognize that some students need help to behave the way we expect them to behave. School staff will attempt to correct misbehavior first by making sure students are aware of what they are supposed to be doing, then by calming situations down before they get out of control, and finally by giving consequences. We will give extra support to students who repeat misbehavior.

3. Instructional Approach to Behavior and Discipline – It is our responsibility to tell students clearly how we expect them to behave (“What are the rules?”). We must then teach students how to meet those expectations (“How am I supposed to behave in school?”). Before discipline situations become serious, we will work with students to calm down anger, talk through disagreements, and avoid problems. Finally, when students break the rules, we must give consequences that fit the misbehavior and allow the student to learn from the mistake (“What happens if I break a rule?”).

4. Consistent, Progressive Discipline Responses that Minimize Disruption of Instructional Time – The entire school community must work together to support positive behavior, and the community must recognize that students of different ages need to have support and structure that matches their age. Overall, we must be respectful of individuals, take into account the needs of the whole community, and always keep our attention on the primary goal – to enable students to learn as well and as much as possible



Philosophy and Approach to Student Behavior and Discipline Intentional school culture Every school and classroom cultivates a welcoming, positive, safe, orderly, and healthy environment that

is student‐centered, developmentally appropriate, and supports teaching and learning. All people in schools actively build positive community, fostering academic, behavioral, and

social/emotional growth. School communities ensure the physical and emotional safety of every individual. School‐wide procedures and classroom instruction are structured to support positive student behavior. Comprehensive student support Students and families are connected to support services necessary to engage students in school. All school staff will work collaboratively to provide comprehensive support for students’ academic and

social/emotional needs. Staff will use re‐direction, de‐escalation, mediation, conflict resolution, and other non‐disciplinary

interventions to correct misbehavior. Staff provides targeted support to students who have difficulty meeting behavior expectations, especially

students returning from suspension. Instructional approach to behavior and discipline School staff communicates and models clear, high expectations for appropriate behavior for every

person in the community. School staff provides explicit and intentional instruction, structures, and supports to help students learn

how to meet these expectations, including social and emotional skills to empower them to make good choices about their behavior.

School staff provides a range of disciplinary responses that hold students accountable when they do not meet expectations.

School staff works with students to correct misbehavior and prevent occurrences by re‐teaching behavior expectations.

School staff enables and encourages students to reflect on their actions, learn from mistakes, and restore relationships that have been negatively impacted.

Consistent, progressive discipline responses that minimize disruption of instructional time School‐wide discipline policies and procedures are developed in collaboration with students, teachers,

and families; each school has expectations and rules for student behavior that are aligned to district‐wide expectations. Teachers’ classroom rules and expectations reflect school‐wide expectations.

Discipline policies are developmentally‐appropriate, equitable, and consistently enforced school wide. In general, disciplinary responses progress from less severe to more severe until the behavior improves. Disciplinary responses respect individuals, balance the interests of the school community, and minimize

disruption of academic instruction. Responses must be logical, consistent, and instructive. Intervention and remediation strategies are used along with disciplinary responses. Student discipline data is systematically analyzed to inform policies and practices.



Chapter 25 Overview

Chapter 25 As you probably know, education policy and procedures in the District of Columbia is regulated by Title V of the DC Municipal Regulations (DCMR). Student behavior and discipline is addressed in Chapter 25 of Title V. Through an intensive review and revision process that included multiple opportunities for DCPS staff, families, students and community members to contribute, we updated this chapter to reflect the values and mission of DCPS and its community of stakeholders. This revised Chapter 25 will provide a common framework for everyone in DC Public Schools that aligns with the Philosophy and Approach to Student Discipline and the Teaching and Learning Framework. In addition, members of the individual school communities will be empowered to articulate a unique, positive culture. The discipline code is organized into tiers, which are in the Chapter 25 Behavior Chart (see Appendix).

Tier 1: Behaviors which are insubordinate or disrupt the academic environment. Results in classroom level responses that may be elevated to administrative responses as necessary.

Tier 2: Behaviors which cause disruption to academic environment, damage to school property or minor harm to self or others. Responses include classroom based, school‐based and administrative disciplinary responses.

Tier 3: Behaviors which cause significant disruption to academic environment or cause harm to self/others. In addition to lesser responses, discipline may include on‐site or off‐site suspension.

Tier 4: Behaviors that cause disruption to school operation, destroy school property or cause significant harm to self or others. Responses include off‐site suspension.

Tier 5: contains behaviors that are illegal, cause significant disruption or cause substantial harm to self or others. Responses include off‐site suspension or expulsion.

Chapter 25 must be enforced by school authorities in all of the following situations:

When student is on school grounds When student is participating in a DCPS sponsored school function, on or off school grounds When the student is on transportation provided by DCPS When the student is participating in before‐ or after‐school programs When a student behavior that occurs off school grounds or outside regular school hours results

in significant disruption to school environment



How to use this guide The purpose of this guide is to provide principals with guidance on how to effectively work with staff to manage student behavior that falls within Tiers 1, 2 and 3, and to ensure alignment across the district for behaviors that may lead to suspension or expulsion (Tiers 4 and 5). Note: While we expect principals to be completely comfortable with the legal language in Chapter 25, we have highlighted key legal responsibilities for the principal in the blue boxes, like the one below.

Finally, throughout the document, you may see a light bulb next to a particular section; this highlights suggestions from the Office of Youth Engagement that are not required under Chapter 25.

Key Legal Point Required information from Chapter 25 would be here.



School‐wide expectations for school culture and student behavior



How to set school‐wide expectations

Introduction Principals set the stage for positive school culture at the beginning of school and lead staff to support it throughout the year. Some features of this kind of intentional, positive school culture are: Every school and classroom cultivates a welcoming, positive, safe, orderly, and healthy environment

that is student‐centered, developmentally appropriate, and supports teaching and learning. All people in the school actively build positive community, fostering academic, behavioral, and

social/emotional growth. The school community ensures the physical and emotional safety of every individual. School procedures and classroom instruction are structured to support positive student behavior.

General roles in implementing the discipline code Principals will be able to:

Support teachers in Teaching and Learning Framework Plan and make decisions on the following: ‐ Which alternative consequences will be employed before out‐of‐school suspension. ‐ Which behaviors principals will allow to be referred to office. ‐ How exactly referrals get from the classroom to the office. ‐ Which strategies (non‐disciplinary and disciplinary) that principals expect to have seen

before a behavior is referred to the office. Plan for, demonstrate, and support staff in executing positive interactions with students: ‐ Communicate clear behavior expectations. ‐ Determine logical, appropriate consequences for misbehavior. ‐ Establish respectful relationships. ‐ Diagnose root causes of misbehavior.

Manage overall school discipline systems. Teachers will be able to:

Articulate district‐wide general philosophy and approach to student behavior and discipline. Articulate a set of clear, classroom‐level student expectations. Use a uniform set of non‐disciplinary strategies to address non‐office referable behaviors (e.g., reflection, redirection, de‐escalation).

Use a uniform set of disciplinary responses to address non‐office referable behaviors (e.g., phone calls home, detentions, etc.).

Consistently document strategies and interventions used to address behaviors (e.g., student passports, behavior charts, phone logs, etc.).

Teachers are essential to successfully implementing Tier 1 and Tier 2 behavior consequences and therefore must be fully engaged and trained in the implementation. To enable teacher to be successful classroom managers, principals must articulate clear expectations, give examples, structure support for teachers as they implement and listen to feedback



Preparing for teacher orientation Review this guide and Chapter 25 thoroughly. Determine who on your staff will:

o Respond to emergencies o Handle students who are sent to the office o Enter and maintain data o Be responsible for suspension and expulsion processes (Who can sign on your behalf?

Who can hold suspension/expulsion conference with students?) Develop school‐level protocols for Tiers 1‐3

o What information do you want to be collected before you have a student in your office? o What steps will you require of teachers before a student can be sent to the office? How

many times of repeat behavior can occur before a referral? o What behaviors can be referred to the office? o How is that information going to be collected and documented for your records?

Will you use a school‐wide log? Individual classroom log? What specific info do you want to collect? Track? Monitor? Establish goals to improve?

Determine what strategies will be in place to reinforce positive behaviors within the school. Define/re‐affirm school motto which can guide positive behaviors within the school.

o Utilize the school mascot to embody characteristics expected in your student body o Find phrases or sayings that reinforce behaviors that would positively affect your

community (i.e. Be safe. Be responsible. Be respectful.) Establish student leadership activities Establish consistent morning meetings in homeroom or community forums Consider a book study with the staff (ex: Tools for Teaching by Fred Jones) Plan a staff meeting with an agenda that ensures teacher understand clearly roles and

responsibilities under Chapter 25 as well as how they will be supported (See sample agenda in Appendix).



First Day/Week of School Principal’s Goal:

Ensure that all students, staff, and family members are aware of policies relating to positive school culture and student behavior.

Ensure that expectations and consequences for behavior are clearly established throughout school, including the expectation of compliance of all members of the school community.

Encouraged steps to assist with goal:

School‐wide communication: o Post school expectations and consequences throughout school, including classrooms

and hallways. o Use flyers or announcements to emphasize specific policies or expectations. o Be consistent around school policies from the beginning of the year. o Provide everyone with opportunities to give feedback or ask questions about policies. o Create a team of staff, students and families who become “experts” on school culture

and discipline issues, including implementation of Chapter 25. Communication with Teachers and Staff:

o Ensure all staff members participate in an orientation and/or have opportunities to meet with administration in small groups to discuss new policies (see previous section).

o Ensure staff members assist with orientations for students that address school culture. Communication with Students:

o Have administration welcome each student as they enter the school. o Hold school‐wide/grade level orientations to welcome students and introduce Chapter

25 policies as well as school culture activities. Communication with Families:

o Have administration available during arrival and dismissal times to greet families. o Create a document which highlights your goals for the school, including positive school

culture and behavior management policies. o Include Chapter 25 in any family orientations and help families understand the value

added by their understanding and support of district policies. o See section on family integration for more ideas regarding communication with families.

Key Legal Point To build and maintain a safe environment conducive to learning, DCPS shall provide students, families, and staff with clear expectations and rules for appropriate school behavior (§B2500.1).



Throughout the Year Principal’s Goals:

Fully implement Chapter 25 in a way that creates a strong, positive, and consistent environment for safe and effective learning.

Publish and reinforce clear and consistent expectations for the school community. Establish a sustainable system for documentation of student incidents, interventions and family

contact. Encouraged steps to assist with goals:

BE VISIBLE. Your community needs you! Continue to reinforce high expectations and adherence to Chapter 25. Change takes time. Ensure your School Culture Team is functioning effectively, including finding ways to incorporate

Chapter 25 into community events. Ensure the Student Support Team is functioning effectively and is able to develop supports for

students who struggle with behavior. Analyze data to determine how school systems are working and to guide next steps to improve

them. Create materials that remind students, teachers and visitors about your school rules and culture. Create systems of recognition for teachers, staff and students, including ways to celebrate

successes. Conduct a school‐wide survey to assess the implementation, efficacy and consistency of the

policy. Hold an assembly (or series of assemblies) that addresses behaviors in Tiers 1, 2, and 3. Employ

student skits/interaction. Utilize student leadership groups to invest students in this process. Have regular communication with security staff so that they are sending the same message.



School‐wide strategies to promote positive behavior

Schools all over the district, as well as all over the nation, have successful models for addressing student discipline and school culture. As Chapter 25 becomes the new expectation for standard disciplinary responses, the following serve as initial recommendations for programs supported by the Office of Youth Engagement to positively affect school climate. Beyond creating a positive school climate, schools should develop ways to provide comprehensive student support so that:

Students and families are connected to support services to engage students, including staff members working collaboratively to address students’ academic and social/emotional needs.

Staff members use re‐direction, de‐escalation, mediation, conflict resolution, and other non‐disciplinary interventions to correct misbehavior.

Staff members provide targeted support to students who have difficulty meeting behavior expectations, especially students returning from suspension.

Some potential school‐wide strategies The following programs are currently implemented in various DCPS schools. Your school culture specialist will be able to help determine whether any of these are potentially good fits for your school. Many schools also develop their own systems—the goal here is to create a system that works for your community.

Advisory: builds relationships among members of the school community as well as enables opportunities for students to build social‐emotional skills

Incentive System: schools may consider various in‐school reward systems such as giving students school “dollars” for positive behavior

PBIS‐ Positive Behavior Intervention Supports: Responsive Classroom Second Step Therapeutic Crisis Intervention (TCI)

Supports from the Office of Youth Engagement School Culture Specialists: Collaborate with instructional superintendents and school leaders to make data‐based decisions about interventions that are necessary to improve outcomes for students and schools, as well as serve as resources for the universal, targeted and individual strategies such as the ones listed below:

Bullying Workshops Department of Mental Health Programs Freshman Bridge Program Peer Mediation Workshops and Trainings School Culture Teams

Student Support Teams: Will be supported by guidance from the Director of Targeted Student Support to ensure that students who have particular academic, behavioral or personal issues receive targeted supports, based upon data, which allow student to be academically successful. ** Specific guidance about Student Support Teams is forthcoming from OYE.



A word about dress codes

While dress codes or uniform policies are addressed under separate procedures in Chapter 24, they are considered disciplinary issues. It is expected that principals will be familiar with Chapter 24; below are important points regarding the creation of and the enforcement of dress codes or uniform policies. Creation of dress codes or uniform policies:

Dress codes/uniform policies must be created with input from parents and students. The majority of parents must approve the dress code/uniform policy. Mechanisms to accommodate families requiring financial assistance to obtain a uniform must be

created (students cannot be disciplined for noncompliance if they require financial assistance). The instructional superintendent must approve dress code before it is publicized and put into

effect. The principal must create a uniform bank from which students can borrow clothing when

noncompliant with dress code. The dress code must:

o take into consideration religious expression (i.e. head covering). o accommodate students wearing nationally recognized youth organizations (i.e. Boy

Scouts) or military organizations (i.e. JROTC) on regular meeting days. o shall not prevent a student from wearing a button, armband, etc (as guaranteed under

First Amendment) unless item is related to gang activity. Enforcement of dress code or uniform policy Violation of a dress code policy is listed in Chapter 25 as a Tier 1 infraction as seen in the behavior chart in the Appendix. . However, the approved consequences for this infraction are found in Chapter 24, §B2408.16. The following bullets provide a summary of those consequences.

Parents will be called when student is not compliant and asked to bring appropriate clothing to school.

If parent is not able to be reached within first two hours of school, student will be issued clothing from uniform bank with directions to return it clean the next day.

Students are not allowed to receive out of school suspension or be otherwise barred from attending school for violation of the policy.

A fourth offense can result in on‐site, short term suspension, at the discretion of the principal. If a student violates the dress code more than four times, a behavioral contract may be written

in which the consequences of not fulfilling the dress code can result in the student’s transfer to a more appropriate setting. Any such transfer must gain final approval from the Chancellor.

.



How to invest families

Ways for principals to invest families: Set a strong expectation for family contact with staff members

o Create a system to hold teachers accountable for contact (see Sample Contact Log in Appendix).

o Create standard forms for family contact that emphasize positive assets of students as well as areas for improvement

o Ask teachers to communicate with families about discipline issues in classroom before sending a student to the office

o Work with staff members on list of steps suggested below to identify processes that work for your school community

Create opportunities for face‐to‐face contact with family members o Conduct Community Walks in the neighborhood at the beginning of the year o Hold a Family Night event in September (include food and childcare)

Create alignment between community and school o Conduct a neighborhood survey of community touch points (community centers,

churches, etc) and needs o Share Chapter 25 information at different local mainstays (recreation centers, libraries,

Girls and Boys Clubs, etc.) and encourage alignment. o Know your feeder schools and attend their events so that families and students know

you and can start to understand your goals around student discipline before arriving at your school.

Maintain up‐to‐date parent/guardian contact information; identify who is responsible for collecting and entering information

Ways for teachers to invest families Early steps:

o Determine the best methods of communication with your families (phone calls, e‐mail, notes, etc) and document these methods with the sample Contact Log in the Appendix as way to record communication.

o Contact family members early to establish positive communication before difficulties arise.

o Use Back‐to‐School Night as an opportunity to communicate your expectations for yourself, your students and their families as well as to find out their own expectations for their child’s education

Ongoing steps: o Be sure to contact family members to reinforce positive behavior, as well as for

disciplinary incidents o Continuously update family contact information as well as communicate with families

regarding best ways to reach them o Send student behavior contract (sample in Appendix) home for guardians to sign o Use Family‐Teacher conferences to reinforces behavior issues and strengths



In‐School Discipline Procedures (Tiers 1‐3)



Strategies and expectations inside the classroom

Setting up the classroom to encourage positive behavior management Within the Teaching and Learning Framework is an expectation that teachers will create a positive culture within their classroom. This cultivates a safe and effective learning environment. Principals can assist with this by working with teachers to think about behavior like a regular academic lesson:

Set high expectations for behavior in classroom, which reflect school‐wide expectations Communicate these expectations clearly and invest students and families Actively teach students how they are expected to behave Correct mistakes by re‐teaching, coaching and supporting students; including encouraging

students to reflect on their actions, learn from mistakes and restore relationships that have been negatively impacted

Provide a range of disciplinary responses that hold students accountable See Appendix for examples of classroom rules and consequences.

Working with students to meet expectations Principals should work with staff members to ensure that they are implementing appropriate classroom strategies to minimize behavior distractions to maximize instructional time. In addition, principals should work with teachers to ensure that different strategies are used for Tiers 1‐3 behaviors before referral to office. (Principals should clarify their expectations when compiling discipline procedures before orientation.) While the Teaching and Learning Framework Guide addresses this issue, some strategies include:

Change proximity to student Differentiate learning Disarm power struggles Have students write reflections Move and pace around classroom Rearrange the classroom / environment Refer student to Student Support Team State Clear Consequences/ Limit Setting State Clear Expectations Use mild and private redirections Use Positive reinforcement

Misbehaviors in Tiers 1 and 2 are expected to be handled in the classroom by the teacher, potentially with assistance from an administrator. For the range of specific consequences, please refer to the chart, “Disciplinary Responses to Student Behavior” in the Appendix.



From the classroom to the office

To be clear, principals will determine the number and kinds of interventions that teachers must attempt before referring a student to the office. For instance, the principal may ask teacher to call home, hold a conference with the student and serve an after‐school detention before asking administration to intervene. The major aim of this part of the policy is to provide ample opportunities for teachers to correct student behavior at the classroom level so as to maximize instruction. Principals need to be clear about their expectations for: How teachers can gauge when to escalate to the office

o Example: Teacher can refer to office when s/he has tried 3+ strategies for a particular behavior and student is disrupting learning environment for other students

What specific documentation the principal/designated discipline person will require and how saved. o Example: Discipline Referral Form and/or any physical evidence (papers, etc).

What is the procedure for sending a student to the office o Example: If non‐safety concern, student should be given Discipline Referral Form and asked

to report to office; teacher calls office to confirm arrival of student within 5 minutes of leaving classroom. If there is a safety concern, teacher notifies security team who escorts student to the office.

What behaviors the principal does want referred to the office, vs. which teachers must handle o Example 1: For all Tier 1 and Tier 2 behaviors, principal does not want referral to office

unless persistent behavior (3+ incidents) has continued and student has not responded to interventions.

o Example 2: For all Tier 1 and Tier 2 behaviors, teacher should refer to Student Support Team when behaviors have not responded to 3+ interventions.

Procedures for accessing referral forms and how paperwork will be handled o Example: All teachers will receive copies of referral forms at the beginning of the year and

extra copies will be available in main office. In addition, all forms will be given to person responsible for maintaining discipline data.

o See Appendix for suggested Discipline Referral Form How a feedback loop will occur so that teacher can be informed regarding their referral

o Example: Within 24 hours of referral, teachers will receive written or verbal update of status

Key Legal Point Principals are required to have written procedures for removing a student from the classroom available for review in the office. These procedures should consider the expectations and examples above.



Documentation

Documentation of in‐school disciplinary actions can help principals to: Understand trends and larger culture issues within the school community. Ensure students receive necessary supports and/or disciplinary actions.

Sample Student Discipline File Contents:

All referral forms from teacher or staff Any documentation of concerns regarding student (ex: photos of graffiti, etc) Completed witness statements Completed suspension/expulsion forms, including copies of any necessary authorizations from

instructional superintendents and Office of Youth Engagement Copies of all written communication to parent/guardian

Key Legal Point

Principals are required to maintain student records of disciplinary actions that are kept separate from official record and are maintained at school until student moves to next educational level (§B2503.5). Students and parents/guardians have the right to see this file as requested.



In‐school behavior interventions

Within Chapter 25, there is a section that describes suggested options for prevention, intervention and remediation. For start of school, principals should:

Review the list of approved interventions to determine which already exist within the school. Ensure school community understands which strategies will be used in this year. Consider strategies that they would like to implement and inform their instructional

superintendent or the Office of Youth Engagement regarding ways to build capacity for those strategies within their school.

Key Legal Point

Options for intervention listed in DCMR (§B2500.6): Anger Management Attendance Intervention Plans Behavior Intervention Plans

Behavior Log/Behavior Progress Reports Behavior Redirection Community Conference Conflict Resolution Crime Awareness/Prevention Program Diverse Instructional Strategies In‐School Program Restructuring (Schedule Change) Individual or Group Counseling Intervention by Guidance Counselor or Mental Health Professional Mediation, including Teacher/Student Mediation and Multi‐Party Dispute Resolution Mentoring Parent/Guardian Conference Parent Observation of Student Positive Feedback for Appropriate Behavior Positive Behavior Supports Problem‐Solving Conferences Referral to Community‐based Organizations Referral to Substance Abuse Counseling Service Other appropriate intervention strategies as approved by Instructional Superintendent



On‐site suspension suggested guidelines

Principals are encouraged to consider on‐site suspension as an alternative disciplinary action. This section will provide suggestions about on‐site suspension procedures. See additional information in Resources section, including articles which served as sources for the following information.

What is on‐site suspension? A short‐term placement of a student in a setting within the school, including contract rooms, in

which the student does work for the classes that are missed and develops a plan to avoid future disciplinary action.

Why should we have an on‐site suspension program? Students are not deprived of an educational experience and can continue to receive academic

support while they are excluded from class and school activities. On‐site suspensions can reduce out of school suspensions and reduce dropout rate, as well as

improve attendance, academic achievement and positive school culture. Students can receive counseling/other programming designed to help them change their

inappropriate behaviors as well as have a “cooling‐off” period if a conflict is involved.

What are essential components of on‐site suspension programs? A clear statement of purpose supported by all members of the school community. A clear set of expectations for students as well as policies and procedures for implementation. Program allows students to complete class work, including daily assignments provided by teacher

and a way for completed assignments to be returned to teacher. A counseling or skill‐development component delivered by someone with the appropriate expertise. Other provisions can include parent involvement, monitoring of student progress upon returning to

classroom and/or an evaluation component that uses data (referral reason, length of stay, recidivism rate, etc) to determine success of program.

Adequate resources and funding (i.e., environment, instructional materials, staff with fulltime teaching /or counseling certification) is a necessity. Staffing with existing teachers is effective but the primary need is the ability to work well with all groups.

Provide students with opportunities to reflect: What behavior caused your on‐site suspension? What were you thinking or feeling at the time? What did you want to happen? Did you get what you wanted? What did it cost you? What alternative(s) could you choose next time?

Potential on‐site suspension classroom rules: Students must sit in their assigned seats. Students must be prepared to study and stay on task for the total time assigned to the program. Students will be responsible for keeping the room clean and will not chew gum or eat candy. Students will turn in completed assignments daily. Students will be required to follow the school’s dress code.

Key Legal Point Principals must notify parents in writing when students are given an on‐site suspension, and must follow all procedures for Off‐Site, Short Term Suspensions, as outlined in next section.



Off‐site suspension and expulsion procedures (Tiers 3‐5)



Handling persistent misbehavior or a serious incident

Introduction Suspension is a serious decision. When students miss school, they easily fall behind. As a district, we are moving away from out‐of‐school suspension as a consequence. Throughout this year, you are urged to use this consequence sparingly. Nevertheless, there are situations in which suspension is the most appropriate consequence, and situations in which suspension is a required consequence (behaviors in Tiers 4 and 5). In these cases, you must ensure that the procedures below are followed completely. ** See checklist in Appendix **

NOTE: For students with disabilities, schools must follow procedures outlined in the students with disabilities section, specifically the manifestation meeting.

Persistent Misbehavior Referral Form Investigate prior interventions

Serious Incident Ensure safe environment Complete Referral form Investigate and document incident

Student Conference (§2505.3, §2505.4): Held before any action taken Follows format in Suspension/Expulsion conference section below Decision made and documented, including educational plan Student remains in classroom or other educational setting until approval occurs

Parent/Guardian Contact (§2505.6) Verbal contact with parent/guardian Written documentation within one school day

Documentation (§2503.5) Referral forms, witness statements and conference record placed in student

discipline file Suspension/Expulsion Form submitted for notification or approval and printed for

student discipline file

Approval & Release of Student (§2504.13, §2504.14, §2505.7, §2505.8, §2505.9) If short‐term suspension, no approval required if first or second within semester If medium/long term suspension or expulsion, Authorization Form routed to

instructional superintendent or Office of Youth Engagement for approval or modification

Upon approval, student is released per age reqs and parent/guardian contact



Suspension/expulsion definitions When considering disciplinary actions for students which lead to a student being removed from a school, principals have the following options:

Short term off‐site suspension: Student removed from school for 1‐5 school days (secondary students)

or 1‐3 school days (elementary students); not permissible for unexcused tardiness or absence

Medium term off‐site suspension: Student removed from school for 6‐10 school days; not permissible

for unexcused tardiness or absence

Long term off‐site suspension: Student removed from school for 11‐90 school days; not permissible for

unexcused tardiness or absence

Expulsion: the denial of the right of a student to attend any DCPS school or program, including all classes

and school activities, except DCPS Alternative Educational Settings, for one calendar year

Key Legal Point Students cannot be involuntary transferred as a disciplinary response. However, voluntary transfers for safety are an option and will need to be approved by Instructional Superintendent. Regulations regarding involuntary transfers are found in Chapter 21.

In the moment When a student behavior appears to require a suspension or expulsion, principal or designee needs to take action to ensure:

The student and rest of the school community are safe o If necessary to maintain a safe environment, remove students from situation at hand

The incident is investigated and documented o Gather witness statements pertaining to the incident and ask student(s) involved to

write statements (separate into different rooms, if possible) o Gather witness statements from adults who witnessed the incident (teachers, other

staff members). The student has the opportunity to present his/her version and understand consequences

o Begin conference procedures (see next section for a description of an effective conference).

Key Legal Point Principals must give a student a conference before the beginning of any proposed suspension or expulsion. (§B2505.3) If an emergency situation arises (fires, false alarms, high level of student tension, increasing number of fights/physical attacks, large number of abuses of property, or student poses real and immediate threat to health and safety of school community), conference must be held within 3 days (§B2504.4).



Suspension/expulsion conference The purpose of the suspension/expulsion conference is to ensure that principals fully understand the scope of the issue and to determine if a suspension or expulsion is necessary. In addition, the conference allows for students to have an opportunity to explain their version of events as well as to understand their rights, and the consequences of their actions. The following chart outlines the processes required by Chapter 25 for a suspension/expulsion conference:

Principals should consider the following questions:

Has this happened before? What interventions were tried prior to suspension/expulsion procedures? Was anyone hurt (emotionally or physically)? Was a manifestation meeting held? (Special Education only) What is the context of the incident? Has the student taken responsibility for the incident?

Key Legal Points Conference procedures (§B2505.4):

Principal or designee will: o Discuss the facts of the situation and state what rule was broken o Explain how these elements influenced the decision for disciplinary action. o Give summary of recommended disciplinary action

Students will have an opportunity to present his/her version of the facts or to explain the events or action upon which the alleged infraction is based.

Principal will consider all aspects of the situation and share his/her decision with the student. Principal will inform the adult, or minor student’s parent or guardian, of the right

o to examine the student’s records and any official report of the incident prior to the imposition of the proposed discipline

o to appeal pursuant to § 2505.14 (for short‐ or medium‐term suspensions) or to a hearing pursuant to § 2506 (for any suspension over 10 days).

Principal will give Notification of Disciplinary Action form to parent/guardian (now required for all schools; dispose of any prior versions).

If the principal or designee is recommending Long‐Term Suspension or Expulsion, the principal shall report his or her findings and recommendations in writing to the student and parent or guardian and the person designated by the Chancellor. The principal shall also inform the students and parent or guardian in writing of disciplinary hearing procedures, appeal rights, the intervention supports available to the student, and the requirements for readmission.



Approval processes for suspensions/expulsions Approval processes vary by the proposed length of suspension and a student’s history of suspensions within the academic semester. Principals or designee should be aware of the following points for authorization by Instructional Superintendents or the Office of Youth Engagement: Key Legal Point

On‐ and off‐site short‐term suspensions may be authorized by the principal or designee.

o Students with more than two previous suspensions within the current semester must have subsequent suspensions approved by an Instructional

Superintendent before they become final. All proposed medium‐ and long‐term suspensions (6 to 10 and 11 to 90 days, respectively) must

be approved by an Instructional Superintendent before they are final. All proposed expulsions must be approved by Deputy Chief of the Office of Youth Engagement

before they are final.

Required Suspension/Expulsion Form A new form is now required for suspensions and expulsion approvals; please use the one in the Appendix and dispose of any prior versions. Upon completion of a conference with the student to be suspended (on‐site or off‐site) or expelled, the Suspension/Expulsion Form must be completed (even if not required for approval) and signed by the principal or a designee. This form must then be faxed:

Short‐term suspensions for which approval is not required: Fax form within one school day of suspension authorization to school’s cluster office

Short‐term suspensions requiring approval, medium‐ or long‐term suspensions: Fax form immediately to school’s cluster office

Expulsion: Fax form immediately to both the cluster office (for notification) and to the deputy chief of the Office of Youth Engagement at 202‐442‐5523 (for approval).

Instructional Superintendents or the Deputy Chief of the Office of Youth Engagement will communicate approval of or modification of the proposed suspension or expulsion directly to the principal or his/her designee. Unless emergency conditions exist in the school, students for whom suspension or expulsion is proposed must remain in the school building until the proposed disciplinary action is approved, the school day ends or a parent/guardian arrives to take student home (age 14 and under) or approves student to leave on his/her own (over 14). Note: A copy of the Suspension/Expulsion Form, noting any modifications from the instructional superintendent or deputy chief of the Office of Youth Engagement, should be placed in the student’s discipline file.



Appeals and Hearings

Appeals Basic information about the appeal and hearing processes is communicated to families on the Notification of Disciplinary Action form (now required for all schools; dispose of any prior versions). Short‐term suspensions may be appealed directly to principals. The parent or guardian may make a request for appeal orally or in writing within two days of receiving a Notification of Disciplinary Action. Requests made orally should be put in writing by the school employee receiving the request. All appeals must be addressed through a conferences held by the principal or designee within one day of receiving the request. Generally, appeal conferences should include the following elements:

Review all relevant suspension documentation Listen to parent/guardian present his or her concerns Discuss and deliberate using the principles of progressive discipline

Principals should make a final decision within one day of the conference and complete the Notice of Appeal Decision letter. Copies of this letter should be sent to the parent/guardian, instructional superintendent and faxed to the Office of Youth Engagement at 202‐442‐5523. Medium‐term suspensions are appealed to the school’s Instructional Superintendent and follow a similar procedure. Again, conferences will be held within one day of the appeal and final decisions will be communicated to the principal, parent and Office of Youth Engagement.

Note: A copy of the Notice of Appeal Decision (form now required for all schools; dispose of any prior versions) should be placed in the student’s discipline file for both short and medium term suspensions. Hearings Students receiving recommendations for long‐term suspensions or expulsions will automatically be contacted by the Office of Youth Engagement to schedule a hearing. Within four days of this notification, a hearing officer will hold a meeting to gather evidence and formulate a recommendation to the Instructional Superintendent (in the case of long‐term suspensions) or the deputy chief of the Office of Youth Engagement (in the case of expulsions). Final decisions will be rendered within one school day and principals will be notified in writing within two school days. More information on the hearing process is available through Hearing Coordinator in the Office of Youth Engagement at 202‐442‐5557. Note: Copies of all hearing correspondence related to a particular student should be kept in that student’s discipline file. Key Legal Point

In a hearing, the parent or guardian or adult student shall have the opportunity to present testimony and documentary evidence. In addition, they have a right to call witnesses, including any involved school official.



Communicating with Families Families should be engaged in their child’s behavior management. At several points throughout Chapter 25, school contact with the parent or guardian is required. Key Legal Point

Suspension conferences: Conferences may include a parent or guardian, witnesses and/or legal representatives (§ B2505.5). The presence of a parent or guardian is encouraged, but not required.

Releasing a student from school: No student may be dismissed from their school without sufficient contact with a parent or guardian. If a student is under the age of 14, he or she must be picked‐up by a parent or guardian to leave school grounds prior to the end of the school day. If a student is 14 years of age or older, school personnel must make verbal contact with the parent/guardian in order to dismiss the student prior to the end of the school day. Regardless of a student’s age, if his or her parent/guardian cannot be contacted, then he or she must remain at school until the end of the day.

Authorizing or proposing suspensions: No student may be suspended or expelled (including on‐site suspensions) without written notice to their parent or guardian. The required Notification of Disciplinary Action form includes the pertinent communications outlined in section B2505.6.

o The Notification must be sent to the parent or guardian no later than one school day after a suspension or expulsion is authorized or proposed. It must be emailed, sent by certified mail or hand‐delivered by mail with a signature receipt.

Parent appeals to short‐term suspensions: Upon considering appeals, principals must communicate their final decision to the parent or guardian (and copy the instructional superintendent and Office of Youth Engagement as explained in the previous section) using the Notice of Appeal Decision form.

Key Legal Point

All students returning from expulsion have the right to a returning conference to discuss educational goals and the appropriate placement. The Welcome Back Plan in the Appendix is required for all students returning from expulsion and should replace any previous forms for this purpose (also, highly recommended for all suspensions).



Welcoming the student back When students have been suspended, they often return to school with a variety of anxieties: how they will be welcomed back to school, whether they will be far behind academically or how other personal concerns may influence their return to school. Principals can ensure that students are able to quickly transition back into the school community by having a clear process for re‐entry for returning students. After a suspension Administrators can make the return after a suspension smooth by:

Inviting family members to attend a re‐entry meeting to discuss the student’s return o Discussion should include:

Clear statements about expectations for behavior moving forward, and consequences for repeat misbehavior.

Discussion about specific conflicts/difficulties and how school can support (peer mediation, conflict resolution, etc.)

A determination about student needs for internal/external support systems (both academic and behavioral). Principals should strongly consider an automatic referral to the Student Support Team for students returning from suspension.

Set behavioral/academic goals for student Completing the Welcome Back Plan found in the Appendix (suggested)

Working with teachers to ensure that: o Student understands what work needs to be done in each of his/her classes

(preferably done before meeting with family so that information can be shared) o Teachers understand that student will be returning and that they feel supported

in working with student on his/her return o Student will not be isolated or punished for past behavior

After an expulsion When a student returns from expulsion, the same welcoming and thoughtful re‐entry process should occur. However, under Chapter 25, there are key procedures outlined that principals need to follow, which are in the box below. Principals are required to use the Welcome Back Plan found in the Appendix and should give a copy to the parent/guardian and place a copy in student discipline file.

Key Legal Point Principal will hold a conference with student and student’s parent/guardian to determine appropriate school placement for the student (§B2509.1‐.3). The conversation will include:

Student’s activities while expelled Steps student will take to avoid subsequent disciplinary action Support required by student to avoid subsequent disciplinary action Any other pertinent circumstances



Supporting students with disabilities



Supporting students with disabilities Principals are encouraged to seek assistance from their special education coordinator or from the cluster special education supervisor when a student with disabilities is referred for administrative discipline.

When a special education student has behaviors that impede learning, that students IEP team should:

Describe the problem behavior on IEP or IEP Team Meeting Notes Develop a Behavior Intervention Plan (BIP) based on a Functional Behavior Analysis (FBA) Develop behavior IEP goal(s) & benchmarks Identify and provide supports & resources to implement the BIP

Functional Behavior Assessment What is a Functional Behavior Assessment? A Functional Behavior Assessment (FBA) is a process that:

a) identifies specific target behavior; b) the purpose of the behavior; and c) determines what factors maintain the behavior that is interfering with the student’s educational

progress. When to do a Functional Behavior Assessment? An FBA should be used for student with behavior or emotional problems that are interfering with their education progress or the progress of other students. The FBA can be a part of the SST process, be used to develop an Individualized Education Plan, or provide information for verification of a disability. However, any student who is exhibiting challenging behaviors that are not responding to typical school interventions may benefit from a functional assessment. Conducting a functional assessment before a behavior escalates into a disciplinary action allows both the teachers and parents to focus on positive outcomes and can help build positive relationships between the teacher and student and family.



What are the techniques for conducting the Functional Behavioral Assessment? Indirect or informant assessment relies heavily upon the use of structured interviews with students, teachers, and other adults who have direct responsibility for the students concerned. Individuals should structure the interview so that it yields information, such as:

a) In what settings do you observe the behavior? b) Are there any settings where the behavior does not occur? c) Who is present when the behavior occurs? d) What activities or interactions take place just prior to the behavior? e) What usually happens immediately after the behavior? f) Can you think of a more acceptable behavior that might replace this behavior?

Interviews with the student may be useful in identifying how he or she perceived the situation and what caused her or him to react or act in the way they did. Examples of questions that one may ask include:

a) What were you thinking just before you threw the textbook? b) How did the assignment make you feel? c) Can you tell me how Mr. Smith expects you to contribute to class lectures? d) When you have a “temper tantrum” in class, what usually happens afterward?

Commercially available student questionnaires, motivational scales, and checklists can also be used to structure indirect assessments of behavior. The school psychologist can be a valuable source of information regarding the feasibility of using these instruments. Direct assessment involves observing and recording situational factors surrounding a problem behavior (e.g., antecedent and consequent events). A member of the IEP team may observe the behavior in the setting that it is likely to occur, and record data using an Antecedent‐Behavior‐ Consequence (ABC) approach. (Appendix A shows two examples of an ABC recording sheet.) The observer also may choose to use a matrix or scatter plot to chart the relationship between specific instructional variables and student responses. (See Appendix B for examples). These techniques also will be useful in identifying possible environmental factors (e.g., seating arrangements), activities (e.g., independent work), or temporal factors (e.g., mornings) that may influence the behavior. These tools can be developed specifically to address the type of variable in question, and can be customized to analyze specific behaviors and situations (e.g., increments of 5 minutes, 30 minutes, 1 hour, or even a few days). Regardless of the tool, observations that occur consistently across time and situations, and that reflect both quantitative and qualitative measures of the behavior in question, are recommended. Data analysis. Once the team is satisfied that enough data have been collected, the next step is to compare and analyze the information. This analysis will help the team to determine whether or not there are any patterns associated with the behavior (e.g., whenever Trish does not get her way, she reacts by hitting someone). If patterns cannot be determined, the team should review and revise (as necessary) the functional behavioral assessment plan to identify other methods for assessing behavior.



Hypothesis statement. Drawing upon information that emerges from the analysis, school personnel can establish a hypothesis regarding the function of the behaviors in question. This hypothesis predicts the general conditions under which the behavior is most and least likely to occur (antecedents), as well as the probable consequences that serve to maintain it. For instance, should a teacher report that Lucia calls out during instruction, a functional behavioral assessment might reveal the function of the behavior is to gain attention (e.g., verbal approval of classmates), avoid instruction (e.g., difficult assignment), seek excitement (i.e., external stimulation), or both to gain attention and avoid a low‐interest subject. Hypothesis statement (continued) Only when the relevance of the behavior is known is it possible to speculate the true function of the behavior and establish an individual behavior intervention plan. In other words, before any plan is set in motion, the team needs to formulate a plausible explanation (hypothesis) for the student’s behavior. It is then desirable to manipulate various conditions to verify the assumptions made by the team regarding the function of the behavior. For instance, the team working with Lucia in the example above may hypothesize that during class discussions, Lucia calls out to get peer attention. Thus, the teacher might make accommodations in the environment to ensure that Lucia gets the peer attention she seeks as a consequence of appropriate, rather than inappropriate behaviors. If this manipulation changes Lucia’s behavior, the team can assume their hypothesis was correct; if Lucia’s behavior remains unchanged following the environmental manipulation, a new hypothesis needs to be formulated using data collected during the functional behavioral assessment.



Behavior Intervention Plan The Functional Behavior Assessment leads to the development of intervention plans to teach acceptable alternative behavior called the Behavior Intervention Plan. The resulting intervention plan focuses on teaching new behavior and social skills but usually also requires:

a) modification of the school or classroom environment and activities; b) adaptation of curriculum and instructional delivery; and c) changes in the teacher/student relationship that maintain the undesirable behavior.

When to do a Behavior Intervention Plan? When the cause of the behavior has been determined (based on the FBA) How do I develop and implement a Behavioral Intervention Plan? After collecting enough information to identify the function(s) of the student behavior, the IEP team must develop or revise a behavioral intervention plan. The plan should include positive strategies, program modifications, and the supplementary aids and supports required to address the behavior, as well as any staff supports or training that may be needed. Many teams develop an intervention plan that includes one or more of the following strategies or procedures:

a) Teach the student more acceptable behavior that serves the same function as the inappropriate behavior (e.g., ways to get peer attention through positive social initiations).

b) Modify the classroom setting events (e.g., physical arrangements of the classroom, management strategies, seating arrangements).

c) Modify the antecedent events (e.g., teacher instruction) and/or consequent events (e.g., precise praise, verbal/nonverbal feedback).

d) Modify the consequent events (e.g., precise praise, verbal and nonverbal feedback). e) Modify aspects of the curriculum and/or the instruction (e.g., multilevel instruction). f) Introduce a reinforcement‐based intervention (e.g., student contract).

For the majority of problem situations, there is more than one solution that can result in a positive outcome. Generally, a behavioral intervention plan includes steps to accomplish the following:

a) Deal with any recurrent episodes of the problem behavior. b) Teach the student appropriate ways to get what he or she wants. c) Ensure frequent opportunities for the student to engage in and be reinforced for demonstrating

acceptable behavior. In developing behavioral intervention plans, IEP teams should take into account gender, ethnic, cultural, and linguistic differences among students. Most authorities agree that it is usually ineffective and often unethical to use punishment as the only means of addressing student misconduct. With functional assessment, the emphasis is on teaching students new skills with which to become more effective and efficient learners. The success of an intervention plan rests on the student’s engaging in the appropriate behavior without continued



external support. Accordingly, teams may need to incorporate strategies to promote the maintenance, durability, and longevity of appropriate student behavior. One strategy is to structure positive peer interactions; another is to instruct the student to use self‐talk, self‐cueing, or self‐reinforcement. In some cases, supplemental aids and supports may be necessary to help the student to maintain the appropriate behavior. For example, the student may need to work with classmates to satisfy a need for peer attention in appropriate ways. Supports may also include curricular modifications to decrease a student’s avoidance of academic situations or instruction to increase the student’s verbal skills and ability to respond appropriately to stressful situations. How to evaluate fidelity in implementing the BIP? It is good practice for the IEP team to monitor the accuracy and consistency with which the intervention plan is implemented. To do so, the team might spell out the various components of the intervention plan, along with the individual(s) responsible for its implementation. Then, a checklist of steps or a script—a step‐by‐step description of the intervention and its application, can be developed for each person responsible for implementing the plan. How to evaluate the effectiveness of the BIP? A second evaluation procedure should be developed to evaluate changes in the behavior itself. Initial or baseline information can serve as a standard against which to judge any changes in behavior. When does the team modify the BIP? IDEA states that a behavioral intervention plan must be reviewed and revised whenever the IEP team feels that an adjustment is necessary. The circumstances that may warrant such a review include:

a) The student no longer exhibits problems in behavior, and the team terminates the plan. b) The situation has changed, and the plan no longer addresses the student’s needs. c) The IEP team determines during a manifestation determination review that the behavior

intervention strategies are inconsistent with the student’s IEP or placement. d) The original plan is not producing positive changes in the student’s behavior.



Manifestation Determination Reviews When a student with disabilities is being considered for suspension or expulsion AND if the proposed suspension/expulsion is either more than 10 days OR the cumulative number of days will be over 10 school days, they have the right for a manifestation meeting. Use the checklist below for manifestation meetings:

Timeline and participants for manifestation meeting: Meeting held on or before 10th day of suspension and/or if expulsion is recommended Inform and gather legal IEP team Forms necessary to complete manifestation meeting: IEP Manifestation Determination Review Parental Rights Signature page Addendum In preparation to answer manifestation questions bring the following to the meeting: IEP and confidential file Discipline record Current grades Attendance record Transcript Cum file After completion of the meeting: Original manifestation paperwork is placed in confidential file A copy of manifestation paperwork is given to parents/guardian If expulsion was recommended, the administrator in building will fax copy of manifestation

paperwork to Central Office Be sure signature page and addendum are completed and placed in confidential file

MANIFESTATION OF THE DISABILITY

Using the information gathered regarding the student’s specific misbehavior, IDEA 2004 asks the following two questions to determine if the student’s specific misbehavior is a manifestation of the student’s disability: Y N The behavior in question was caused by or had a direct and substantial relationship to the child’s

disability. The behavior in question is a result of the district’s failure to implement the student’s IEP.

If the answer to both of these questions is “NO” then the behavior is not a manifestation of the student’s disability. Relevant disciplinary procedures applicable to students without disabilities can be applied to the student in the same manner that they would be applied to a student without disabilities. However, services must be provided to the extent necessary to enable the student to adequately progress through the general curriculum and advance toward achieving the goals on the student’s IEP. If the answer to either of these questions is “YES,” then the behavior is a manifestation of the student’s



disability and the student returns to his then current placement (placement prior to the violation of the Code of Student Conduct), unless otherwise determined by the IEP team. When must a manifestation determination be conducted?

A student’s IEP team must conduct a manifestation determination meeting whenever it proposes to change the educational placement of a student with disabilities by removing the student from school for more than 10 days due to a violation of the school’s code of conduct. What is the timeframe for conducting this IEP meeting? The school must conduct the IEP meeting within 10 school days of the decision to change the student’s educational placement by removing the student from school for more than 10 days due to a violation of the school’s code of conduct. What must the IEP team review to determine whether the behavior is a manifestation of the child’s disability? The team must review all relevant information in the child’s file, including the IEP, teacher observations, and information from the parent, to determine if the conduct in question was caused by or had a direct and substantial relationship to the disability or whether it was the direct result of the school’s failure to implement the IEP.

When must a manifestation determination be conducted? A student’s IEP team must conduct a manifestation determination meeting whenever it proposes to change the educational placement of a student with disabilities by removing the student from school for more than 10 days due to a violation of the school’s code of conduct. What is the timeframe for conducting this IEP meeting? The school must conduct the IEP meeting within 10 school days of the decision to change the student’s educational placement by removing the student from school for more than 10 days due to a violation of the school’s code of conduct. What must the IEP team review to determine whether the behavior is a manifestation of the child’s disability? The team must review all relevant information in the child’s file, including the IEP, teacher observations, and information from the parent, to determine if the conduct in question was caused by or had a direct and substantial relationship to the disability or whether it was the direct result of the school’s failure to implement the IEP. What must the school do if the behavior was a manifestation of the disability? The school must conduct a functional behavioral assessment, unless the school had conducted one previous to the behavioral incident which resulted in the change in placement, and implement a behavior intervention plan. If the school already had a behavior intervention plan in place prior to the incident, it must review the plan and modify it as necessary to address the behavior. (The requirements for a functional behavioral assessment are in the following section.) Where will the student’s placement be if the behavior is a manifestation of the disability?



The student will be returned to the placement that was in effect prior to the removal unless the school and the parent agree otherwise. When may a school remove a student to an interim alternative educational setting for 45 school days without conducting a manifestation determination? There are three instances in which the school may remove a student for 45 school days without conducting a manifestation determination: 1) if a student carries a weapon to or possesses a weapon at school, on school premises or to or at a school function under the jurisdiction of the school; 2) if 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 jurisdiction of the school; 3) if a student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the school. What is the definition of “serious bodily injury?” Serious bodily injury means bodily injury which involves a 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, as defined in federal statute (18 USC 1365). When do we hold manifestations and who facilitates? Manifestation Determination Reviews are held on or before the 10th day of suspension. These meetings are held at the home school and are routinely managed by the IEP team and the building administration. Must the team provide written 10‐day notice of the manifestation meeting? No. IDEA final regulation was revised in 1998 to clarify that prior written notice is not required. Nonetheless, the school should advise parents that the review will be conducted, invite them to attend and provide written notification of parental rights. If a parent reports that they are bringing an attorney, the school team should alert the Assistant Director of Exceptional Student Services. How do I start the manifestation meeting and what is the goal of the process? It is always a good idea to begin with introductions followed by a brief explanation of what is the purpose of a Manifestation Determination Review meeting. The goal is to evaluate the relationship between a student’s disability and the reported act of misconduct. It is not an effective use of the meeting time to debate the incident that resulted in disciplinary action. Who needs to be part of the Manifestation Determination Review meeting? These meetings should be conducted by the legal IEP team and “other qualified personnel”. Other members mean those who are knowledgeable about how a child’s disability impacts the specific behavior in question or an understanding of the impact and consequences of behavior and/or persons knowledgeable about the child and his/her disability. What if the IEP team can not reach consensus at a manifestation? It is important for the team to reach consensus, however as with all IEP meetings, the school district is responsible for the final decision.



Resources



Resources

Books McCarney, Stephen B. and Kathy Cummins Wunderlich. , M.Ed., Pre‐Referral Intervention Manual (PRIM)‐Third Edition. Edited by Samm N. House Hawthorne Educational: 2006. Wong, Harry and Rosemary T. Wong. The first days of school: how to be an effective teacher. Mountain View, CA : Harry K. Wong Publications, c2001. More to come… Websites Maximizing Instructional Time through Positive Behavior Strategies:

• http://www.paec.org/teacher2teacher/max_instructional_time.html On‐site suspension information:

• http://www.cga.ct.gov/2001/rpt/olr/htm/2001‐r‐0014.htm • www.pbismaryland.org/SI2009/HCPSISS_PBIS_09.ppt • http://www.publications.villanova.edu/Concept/2004/Effective_Discipline.pdf • http://www.usu.edu/teachall/text/behavior/LRBIpdfs/In-School.pdf • http://www.tandl.leon.k12.fl.us/programme/Suspensions.html • http://www.advantagepress.com/newsletters/iss.asp

Positive school culture article: www.educationworld.com/a_admin/admin/admin275.shtml Positive Behavior Intervention System:

http://www.pbis.org/ http://www.pbis.org/evaluation/evaluation_tools.aspx (evaluation tools) http://www.pbssurveys.org/pages/Home.aspx (surveys)

Positive Behavior Supports Scoring Guide:

http://www.pbis.org/common/pbisresources/tools/Benchmarks_Scoring_Guide2005.pdf Second Step:

http://www.cfchildren.org/programs/ssp/overview/ School Culture Surveys:

http://www.vcu.edu/ttac/inclusive_practice/pdf/school_culture_survey.pdf http://www.communityschools.org/CCSDocuments/electronic%20workshop%20materials%20‐

%20Forum%2005/Nedra_Feeley/CSS.%20School%20Culture%20Survey.2‐7‐05.doc Student Support Teams: http://www.dcsig.org/supportteams.htm Therapeutic Crisis Intervention: http://rccp.cornell.edu/tcimainpage.html