Chapter14 Discipline

8/17/2019 Chapter14 Discipline

1/51

1

Disciplining Studentswith Disabilities

Yell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed


2/51

2

DE" and Discipline$ "ll children deser#e sa%e, well&disciplinedschools ' orderly learning en#iron(ents

$ Educators need the tools to pre#ent(isconduct ' discipline proble(s

$ )he law see*s a balanced approach

between need %or sa%e schools ' pro#isiono% a +"PE$ EPS with beha#ior inter#ention strategies

can decrease discipline proble(sYell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed


3/51

3

Congressional ntent$ )o help schools respond appropriately

when students with disabilities e hibitserious (isconduct

$ )o help EP tea(s to appropriately addressproble( beha#iors through the EP process - "ssess(ent

- .oals - Special education ser#ices and generaleducation (odi%ications

- Progress (onitoringYell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed


4/51

4

)hree a or Points in DE"$ DE" 1 3 e(phasi4es positi#e beha#ioral

inter#entions ' supports

$ School o%%icials (ay discipline studentswith disabilities in the sa(e (anner as theydisciplined nondisabled students, with a%ew e e(ptions

$ Discipline should be addressed through theEP process



5/51

5

Procedural Requirements :

Knowing what the law requiresand fulfilling those requirements



6/51

6

E a(ples o% Procedural5iolations

$ Suspending a student without pro#iding notice$ Suspending a student with disabilities in e cess

o% 0 consecuti#e school days$ Suspending a student inde%initely or serially$ Changing a student7s place(ent without using the

procedural (echanis(s o% the DE"

$ +ailing to conduct a (ani%estation deter(inationa%ter suspending a student %or 0 consecuti#edays or changing place(ent

$ +ailing to conduct a +8" or de#elop a 8 PYell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed


7/517

Substantive Requirements :

Developing an educational program that confers meaningful

educational benefit



8/518

E a(ples o% Substanti#e5iolations

$ +ailing to address beha#ior in the EP$ Conducting an +8" that does not

address the %unction o% beha#ior $ De#eloping a beha#ior inter#ention planthat is entirely reacti#e 9i!e!, crises(anage(ent plan:

$ +ailing to pro#ide +"PE duringsuspension, e pulsion, or in an "ES



9/519

a or "reas o%

E(phasis: DE" e(phasi4es the use o% positive beha#ioralinter#entions and supports %or students with

disabilities who e hibit proble( beha#ior 2: School o%%icials (ay discipline students with

disabilities in the sa(e (anner as theydiscipline nondisabled students with a %ewe ceptions 9i!e!, suspension ' e pulsion:

;: Discipline should be addressed through the EPprocess



10/51

10

Disciplining Students

$ In Loco Parentis - English co((on law

- Discipline$ ondiscri(inatory discipline Yell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed


11/51

11

School&wide Discipline

$ School&wide rulesClear

Co((unicated$ School&wide conse=uences


12/51

12

DE" ' School&wide

Discipline$ Students with disabilities are sub ect to

school&wide discipline procedures$ E ceptions - ?hen procedures depri#e students o% their

special education ser#ices - )rigger the procedural sa%eguards o% the DE" - nter%eres with a student7s EP, 8 P, or Section

@0A plan



13/51

13

EPs and School Discipline

$ % the EP deter(ines thatB - )he student will be sub ect to the school&wide

discipline policy, and - )he policy does not #iolate DE" 1 3

$ )he tea( (ay use the EP to a%%ir( that astudent will be sub ect to school&widediscipline practices



14/51

14

Due Process


15/51

15

>ondiscri(inatory Discipline

$ "ll students with disabilities are co#ered bySection @0A

$ Section @0A prohibits discri(ination - )he une=ual treat(ent o% persons with

disabilities based solely on the basis o% their

disability$ Schools (ust not #iolate Section @0A when

disciplining students with disabilitiesYell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed


16/51

16

5iolations o% Section @0A

$ sing discipline procedures with students with disabilitiesthat are not used with nondisabled students

$sing discipline procedures with students with disabilitiesthat are (ore harsh than those used with nondisabled

students$ Suspending 9long&ter(:, e pelling, or changing place(ent

o% a student with disabilities %or (isconduct that is related to the his or her disability

$ sing disciplinary procedures that are prohibited in astudent7s EP or @0A plan



17/51

17

Ensuring Co(pliance

$ ?hen appropriate, use the sa(e disciplineprocedures %or all students$ nclude discipline policy in EP or @0A plan

$ Conduct (ani%estation deter(inations toassess relationship

$ "ll school o%%icials ' teachers (ustunderstand the contents o% EPs and @0Aplans



18/51

18

Proble( 8eha#ior ' the EP

% a student7s beha#ior negati#ely

a%%ects his or her learning or thelearning o% others, the EP tea(shall consider strategies including

positi#e beha#ioral inter#entions,strategies, and supports toaddress that beha#ior 9 DE" 20 !S!C! A A9d:9;:98:9 :



19/51

19

?hat Does )his eanF

$ (pedes is de%ined by the EP tea($ Congress created a pre%erence %or

- Proacti#e progra((ing - Positi#e inter#entions - Proble(&sol#ing

$ EP tea(s (ust de#elop proacti#eprogra(s that teach appropriate beha#ior,not si(ply reduce inappropriate beha#ior



20/51

20

?hat 8eha#iorsF

$ 8ased on litigation we can in%erBDisrupti#e beha#ior that inter%eres withteaching ' learning>onco(pliance

"buse o% propertyPhysical ' #erbal abuse

"ggression



21/51

21

)he 8eha#ioral EP

$ " beha#ioral EP is no di%%erent than any other EP - t includes a beha#ioral co(ponent

$ )here is no power in the EP process to re=uire thatparents do anything

- )he DE" is about what school districts, not parents, (ustdo$ )he EP should identi%y a discipline hierarchy '

beha#ior (anage(ent procedures that (ay be used

$ )he beha#ioral EP (ust be proacti#e and %ocusedon s*ill building



22/51

22

"ddressing Proble( 8eha#ior

: ?hen a student engages in proble(beha#ior, deter(ine i% the beha#ior i(pedes

his/her learning or the learning o% others2: % yes, conduct an assess(ent o% thebeha#ior

;: De#elop a plan based on the assess(ent,that reduces proble( beha#ior ' increasessocially acceptable beha#iors



23/51

23

"ddressing Proble( 8eha#ior

"ssess(ent 9+8":$Present Ge#els o% "cade(ic "chie#e(ent ' +unctional Per%or(ance

De#elop the EP$.oals

$Special education based on peer&re#iewed research$Supple(entary ser#ices ' Progra( (odi%ications

$Progress&(onitoring



24/51

24

+unctional 8eha#ioral

"ssess(ent• A set of assessment procedures used to identify

the purpose (or function ) of problem behavior– Because problem behavior is typically purposeful,

we cannot change it successfully in the long runwithout trying to discover what the purpose (orfunction) of the behavior is

– The goal of FBA is to gather information aboutfactors that reliably predict and maintain problembehavior



25/51

25

+8"s ' Suspension

i% the local educational agency did not conduct a%unctional beha#ioral assess(ent and i(ple(ent

a beha#ior inter#ention plan !!!be%ore the beha#iorthat resulted in the suspension!!!the agency shallcon#ene 9the EP tea(: to de#elop anassess(ent plan to address that beha#iorH or i%the child already has a beha#ioral inter#entionplan, the EP tea( shall re#iew the plan and(odi%y it, as necessary 9 DE" "(end(ents, A @

9*:9 :98:9i&ii::!



26/51

26

?hen is an +8"


27/51

27

8eha#ior nter#ention Plan8ased on an +8"Plan (ust includeB

8eha#ioral Supports ' Positi#e beha#ioralinter#entions)he 8 P is not ust a discipline plan, although adiscipline plan (ay be included 9i!e!, crises(anage(ent:

% not in EP, the plan (ust be written within 0days o% disciplinary action 9suspension:)he pri(ary purpose o% the 8 P is to teachappropriate replace(ent beha#iors



28/51

28

" 8 P ust "nswer the+ollowingB

$ ?hat is the %unction o% the beha#iorF$ ?hat is the inappropriate beha#ior to be reducedF$ ?hat will happen when the inappropriate beha#ior

is e hibitedF$ ?hat is the appropriate replace(ent beha#ior to

be taughtF

$ ?hat will happen when the correct beha#ior ise hibitedF$ Iow will *now when the plan is wor*ing

9Progress&(onitoring:Yell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed


29/51

29

DisciplinaryProcedures



30/51

30

Discipline$ nless a disciplinary in%raction is the

direct result o% a child7s disabilities 9i!e!,caused by or has a direct andsubstantial relationship to, or is a directrelationship o% a school7s %ailure toi(ple(ent an EP:, the child will be

disciplined in the sa(e (anner as anondisabled child!



31/51

31

Short&ter( Disciplinary


32/51

32

Educational Ser#ices

$ ust be deter(ined by the EP tea( - % under 0 cu(ulati#e days, ser#ices can

be deter(ined by an ad(inistrator 'teacher

$ ust allow the student toB -


33/51

33

ultiple Short&ter(

Suspensions$ " series o% short&ter( suspensions %or di%%erent

incidents (ay be per(issible as long as they donot constitute a change in place(ent

$ EP tea( (ust decide when suspensions are aplace(ent change - Gength o% re(o#als

- )otal a(ount o% ti(e that the student isre(o#ed

- Pro i(ity o% re(o#als to one another


34/51

34

Gong&ter( Disciplinary


35/51

35

sing Short&ter( Suspensions$ De%ine beha#iors that will lead to SS$ nclude SS in student7s EP

$ se SS care%ully ' only in e(ergencies$ Jeep thorough records o% the a(ount o%

days o% suspension

$ )he %re=uency ' a(ount o% short&ter(suspensions, i% e cessi#e, (ay beindicati#e o% a de%ecti#e EP

$ Conduct a +8" and de#elop a 8 PYell / The Law and Special Education , Second EditionCopyright © 2006 by Pearson Education, nc! "ll rights reser#ed


36/51

36

Gong )er(


37/51

37

Dangerousness


38/51

38

ani%estation Deter(ination " (eeting to e#aluate the relationship between astudent7s disability and his or her (isconduct

" (ani%estation deter(ination is re=uired when adiscipline sanction could result in a change o% place(ent

)he re#iew (ust be conducted by the district, the parents,and rele#ant (e(bers o% the EP tea( deter(ines therelationship between disability and (isconduct

No relationship &Gong ter( suspension and e pulsionare a#ailableRelationship &Gong ter( suspension and e pulsion arenot a#ailable



39/51

39

Conducting the Deter(ination.ather rele#ant assess(ent data ' re#iew theincident


40/51

40

nteri( "lternati#e

Educational Setting 9 "ES:"ES place(ent i% re=uired when suspension is in

e cess o% 0 cu(ulati#e days or in the case o% aA@ school day re(o#al)he "ES is deter(ined by the EP tea(


41/51

41

GE" "ctions During


42/51

42

Stay&Put Pro#isionDuring the pendency o% due process proceedings,unless the parents and GE" agree otherwise, thestudent shall re(ain in the then current place(ent920 SC A @9 ::)he stay&put pro#ision is abrogated in situationswhere a student is (o#ed to an "ES %orweapons, drug o%%enses, or i% the student seriouslyin ures another student or by the order o% ahearing o%%icer )he parent is entitled to an e pedited hearing


P i % S d


43/51

43

Protections %or Students>ot Yet Eligible

$ "n GE" is dee(ed to ha#e *nowledge that a student is astudent with a disability i%, be%ore the beha#ior thatprecipitated the disciplinary action aB

- Parent e pressed concern in writing to an ad(inistratoror teacher - Parent had re=uested e#aluation o% the child - )eacher or other school or GE" personnel e pressed

concerns about a pattern o% beha#ior to ad(inistrator



44/51

44

Per(itted Procedures

MDisciplinar procedures usedroutinel with all students and in

the district!s discipline plan


45/51

45

E(ergency Procedures"Procedures underta#en to protect

students or sta$$

((ediate Suspension 9N 0 days:


46/51

46

n#ol#ing Gaw En%orce(ent$ School o%%icial7s can report students to law

en%orce(ent -

Procedural protections that apply to cri(esare go#erned by cri(inal law not the DE"

$ Gaw en%orce(ent o%%icials can obtain astudent7s records - ust con%or( to +E


47/51

47

Controlled Procedures

"Le%all sound i$ not abused or appliedin a discri&inator &anner

Seclusion/ solation )i(eoutn&School Suspension

ut&o%&School Suspension 9N 0 days:nteri( Setting 9N 0 days:



48/51

48

)i(e ut

$ State beha#iors that will lead to ti(e out$ De%ine ti(e out

- )ype

- Gength -


49/51

49

n&School Suspension$ State beha#iors that will lead to SS$ De%ine SS

- ?here

- ?ho will super#ise$ nclude SS in the EP$ Sta%% training$ Docu(ent the use o% SS$ Collect data to deter(ine e%%ecti#eness$ Do not abuse or use e cessi#ely



50/51

50

ut&o%&School Suspensions$ State beha#iors that will lead to SS$ De%ine SS$ nclude SS in the EP

$ Sta%% training$ Docu(ent the use o% SS$ Collect data to deter(ine e%%ecti#eness$

Do not abuse or use e cessi#ely$ Jeep trac* o% SS



51/51

Prohibited ProceduresMProcedures that unilaterally changeplace(ent, deny the child a +"PE, or

discri(inate based on a disabilitynilateral Change o% Place(ent

Serial or Gong&)er( SuspensionsE pulsions

Chapter14 Discipline

Documents

Transcript of Chapter14 Discipline