AEA SPECIAL EDUCATION PROCEDURES by HC1202291234

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									AEA SPECIAL
EDUCATION
PROCEDURES
Behavior and Discipline
     Sector Day
   November 2009
Behavior Concerns:
Definition
        Any current or potential child/youth
      behaviors that impede student learning
      and require support within or outside of
         the general education classroom

  Including the following health concerns
     Social
     Emotional
     Behavioral
     Mental
PLAAFP
               Remember!

The IEP team must address the behavior of
           all eligible individuals.
Prevention is the Key!
Positive Behavior Interventions and Supports
p. 159-160
   Core Instruction (sufficient for 80% of students)

   Supplemental Instruction (necessary for 15% of
    students)


   Intensive Instruction (the remaining 5% of
    students)


Do you know where PBIS training has occurred/is
  occurring?
Functional Behavioral Assessment
         the function of a student’s
 Identify
 behaviors



 Provide information leading to
 effective interventions and needed
 supports
FBA: Purpose
     Allows educators to better understand

    Skill deficits (academic and behavioral)
    Performance deficits (academic and behavioral)
    Student preferences
    Reinforcement that is maintaining appropriate
     and/or challenging behavior
      * Also needed for students who come under disciplinary
        actions
When to conduct an FBA
     When behavior(s) impede learning and
    therefore require support in or out of the
          general education classroom

        Includes the following concerns:
                     Social


                       Emotional

                       Behavioral

                   Mental Health
An FBA … MAY, SHOULD, MUST
   May be conducted for any student who has a behavior
    concern in order to understand the purpose/function of the
    behavior and develop an effective support plan
             Students in general education
             Students receiving an intervention
             Students being considered for special education

   Should be conducted for any eligible student with a
    behavior concern in order to develop a behavioral goal
    and BIP

   MUST be conducted for any eligible student who faces
    certain disciplinary actions that would result in removal
             For more than 10 consecutive school days
             For more than 10 school days of separate incidents
              that constitute a pattern
Thinking functionally



   Identifying the underlying purpose or
    function of why a student is exhibiting
              a specific behavior
FBA: Three Components
   Descriptive Assessment
    (Indirect and Direct Assessment)

   Data Analysis



   Hypothesis Statement
Descriptive Assessment: Indirect and Direct
   Indirect: Gather information indirectly via
    Record reviews
    Semi-standardized checklists
    Interviews


   Direct: Gather information via observation
    Anecdotal records of observations
    ABC
    Frequency counts
    Preference assessments
FBA: Data Analysis
Review descriptive assessment to determine

     Presence of skill and/or performance deficit

     Patterns of behavior from individual sources

     Convergence of data from various sources that
      lead to Hypothesis Development
Skill Deficit vs. Performance Deficit:
Based on an analysis of available date . . .
   Is it that the student cannot use the
    appropriate behavior instead of the
    behavior of concern (SKILL DEFICIT)



   Is it that the student does not use the
    appropriate behavior instead of the
    behavior of concern (PERFORMANCE
    DEFICIT)
And, further . . .
   Collect sufficient data to allow for patterns
    of behavior to emerge across data sources
    and to allow for hypothesis development

   Lack of data convergence may point to the
    need for Experimental Analysis
            (Manual p. 163)

The FBA process is dynamic, fluid, on-going
FBA PROCEDURES: 11 Steps ( p.164-165 )
1.  Obtain parental consent if appropriate
2. Clarify the behavior of concern
3. Identify student strengths
4. Summarize existing indirect assessments
5. Determine if new information is needed
6. Conduct additional descriptive assessments
7. Analyze descriptive assessment data
8. Generate a hypothesis statement
9. Complete the state FBA Summary Form
10. Provide results to parents
11. Use FBA results
Behavior Intervention Plan (BIP)

      A written specific, purposeful and
 organized plan which describes behavioral
   interventions and supports and other
   strategies that will be implemented to
    address goals for a student’s social,
  emotional, and behavioral development
BIP’s : Four Essential Questions
1.   Who should be involved in developing a BIP?
     (p. 166)

2.   When should a BIP be implemented? (p. 166)

3.   Before development of a BIP, what should be
     considered? (p. 167)

4.   What items do I need to develop a BIP? (p. 167)
Answers
1.   The IEP team determines who the appropriate personnel are.
     Must include an LEA rep, the parents and other relevant
     members

2.   A BIP may be implemented when behaviors impede learning
     and therefore require support in or outside the general
     education classroom. (Refer to the “May” and “Must” of the
     FBA process)

3.   The BIP must contain a clear, measurable definition of the
     target behavior

4.   Items needed to develop a BIP
        Most current FBA summary
        The hypothesized function
        The exact wording of the behavior of concern from the FBA
        Baseline data
        Behavior goal indicated on the IEP if applicable
12 Steps for Developing a BIP
1.  Convene the team to develop the BIP
2. Review the results of the most current FBA summary
3. Determine alternative or replacement behavior
4. Develop preventative strategies
5. Develop teaching strategies
6. Develop response strategies
7. Develop safety plan
8. Develop monitoring plan
9. Provide results to parents
10. Inform all responsible parties
11. Implement the Behavioral Intervention Plan
12. Monitor the efficacy of the BIP
Manifestation Determination
Discipline for students with IEPs may be
different than for other students when:

 •   An IEP or BIP has provisions for
     responding to a student’s behavior that
     are different than the code of conduct

 •   A disciplinary action constitutes a
     change in placement
Disciplinary Removals
   Expulsion



   In-School Suspension



   Out-of-School Suspension
Expulsion
 The result of school board action resulting
 in the removal of a student from the rolls
 of a district (unless a student has an IEP
 and requires continuing services) for
 disciplinary reasons.
In-School Suspension
 An Administrative removal of a student
 from regular classes or activities for
 disciplinary reasons to a setting where the
 student continues to remain under
 supervision of school personnel
Not Considered Removals if
All three criteria are met . . .

The student will be able to appropriately participate in the general
     education curriculum.
The student will be able to receive the services specified in the
     student’s IEP.
The student will be able to participate with students without
     disabilities to the extent provided in the student’s current
     placement.

NOTE REGARDING IN-SCHOOL SUSPENSION: The criteria of
   “able to participate with students without disabilities” is met if
   the in-school suspension is available to students with and
   without disabilities. The in-school suspension is then
   considered the general education environment.
Out-of-School Suspension
   An administrative removal of a student
    from regular classes or activities for
    disciplinary reasons to another setting
    (e.g. home/behavior center).

   If the removal is for more than 10 days,
    school board action is required.
IDEA Disciplinary Procedures
Apply When:

A removal of a student constitutes a change
   in placement, which occurs when the
   student is removed:

o   More than 10 consecutive days

o   More than 10 school days for separate
    incidents of behavior that constitute a
    pattern
Determining that removal of a child
constitutes a pattern is based on . . .
A series of removals of more than 10 school days in a year

The behavior that caused the removal is substantially
    similar to the behavior that caused previous removals

Additional factors such as the length, time, and proximity
    of the series of removals

Schools determine whether a series of removals
   constitutes a change in placement; however,
   parents can challenge this determination through
   a due process and court review
Parental Notice of Disciplinary
Change in Placement

1.   Notify the child’s parents of this decision

2.   Give the parents a copy of the
     procedural safeguards notice
If Removals are Not a Pattern
If student is removed for more than
10 days but removals do not constitute
change in placement (no pattern), school
officials (consult at least 1 teacher)
determine what services are needed, if
any, to enable student to participate in
general education curriculum.
10 Day Rules Apply
1.   If the removal is more than 10 consecutive
     days, then a manifestation determination must
     be conducted.
2.   If the removal is more than 10 cumulative days
     that constitute a pattern, then a manifestation
     determination must be conducted.
3.   If the removal is more than 10 cumulative days
     and does not constitute a pattern, then the
     same disciplinary procedure used for all
     students may be applied; however, some IEP
     services as outlined by the school must be
     provided.
4.   If the removal is 10 cumulative days or less,
     then the same disciplinary procedures used for
     all students may be applied.
Students who have disabilities with behavioral concerns
and/or facing disciplinary action for any number of days


 1.   Conduct an FBA
 2.   Design a BIP
 3.   Determine placement for free appropriate
      public education (FAPE) and appropriate
      services to enable the student to continue
      to participate in general education and
      progress toward meeting IEP goals
 4.   Design PBIS
      Discipline: Special Circumstances
            that Allow Removal
1.   Carries/possesses a weapon to or on school
     premises, as well as to or at school functions
2.   Possesses, uses, sells, or solicits the sale of a
     controlled substance or illegal drugs on school
     premises or at a school function Note: Alcohol and
     tobacco violations of a school’s code of conduct are
     not “special circumstances”
3.   Inflicted serious bodily injury upon another person
     while at school, on school premises, or at a school
     function

Serious Bodily Injury:
     a substantial risk of death
     extreme physical pain
     protracted and obvious disfigurement
     protracted loss or impairment of the function a
      bodily member, organ, or mental faculty
Interim Alternative Education Settings
Are To Provide
   Educational services that enable the child
    to participate in the general education
    curriculum and progress toward meeting
    their IEP goals

   As appropriate, a FBA and BIP that
    addresses the behavior(s) of concern
When Special Circumstances DO Apply,
the LEA:
1.   MAY remove a student to an interim alternative
     education setting for no more than 45 school
     days regardless of the outcome of a
     manifestation determination.
2.   Must notify the parents of the decision to
     remove and provide parents the procedural
     safeguards notice on the date the decision is
     made.
3.   Must conduct a manifestation determination.
4.   Must continue to provide FAPE.
5.   May conduct or review an FBA for guidance
     when the student returns to his/her original
     placement.
       When Special Circumstances
            Do Not Apply
The LEA must consider the length of time the student has
    been removed and consider the following:


Will the current proposed action result in removal for more
      than 10 days (including prior removals?)


If the proposed removal is less than 10 days or the
     behavior does not constitute a pattern, no IEP
     meeting is necessary.

BUT . . .
If the removal is more than 10 days, or the
removal constitutes a pattern, then the LEA must:


1.   Provide notice to the parents and inform IEP team
     members of the meeting and its purpose.

2.   Make certain that all relevant information is
     available. This may include information from:
     the student’s file, student’s IEP, teacher
     interviews, direct observation, progress
     monitoring, evaluation summary, FBA summary.
Manifestation Determinations
   Procedure to determine if the behavior that
    precipitated removal that constitutes a change in
    placement is a manifestation of the student’s
    disabilities.

   A determination should be made as to whether
    the behavior is an integral feature of the
    student’s disability.
When?


 A manifestation determination must be
 conducted within 10 school days of a
 decision to change a child’s placement for
 violating a student code of conduct
Manifestation Determinations:
When?
    Must be completed when a student with
    disabilities faces disciplinary actions that
    would result in removal of a student for:

    more than 10 consecutive days

    any removal for up to 45 school days because
       of a special circumstance

    more than 10 school days for separate incidents
      of behavior that constitute a pattern
Manifestation Determination: Procedures
Steps 1, 2, 3
 Review the file within 10 days of a decision to make a
   change in placement due to a code of conduct
   violation to determine if the violation was a
   manifestation of the student’s disability
 Provide notice to parents and inform parents of the
   meeting and its purpose
 Gather all relevant information:
   Indirect and direct assessment information
   Progress monitoring or evaluation information
   FBA summary
   Student’s IEP
   Teacher observations
   Relevant information provided by parents
Step 4
Answer two questions:

Was the behavior caused by or have any direct
 and substantial relationship to the student’s
 disability?



Was the behavior caused by the LEA’s failure to
 implement the IEP?
Step 5 Complete the determination depending
on the answers to the two questions
YES to either question   Indicates the behavior was a
                           manifestation of the
                           student’s disability



YES to question two      The LEA must take immediate
                           steps to correct those
                           deficiencies


NO to both questions     Behavior is not a
                           manifestation of the
                           student’s disability
Step 6: If yes to either question

Conduct an FBA or review the existing FBA

Determine placement
 Return the student to the placement
     which he/she was removed
 Review and revise the IEP to reflect changes
     in services, supports or placement
Step 7: If “No” to both questions

Implement disciplinary action

Determine interim alternative educational
 setting

Conduct an FBA to design or modify an
 existing BIP
Step 8: Determine IAES
(Interim Alternative Educational Setting)
Under special circumstances and when a behavior is
  not a manifestation of a student’s disability, the
  student may be removed to an IAES.

•   The IEP team determines the IAES.

•   Student continues to receive instruction
    according to the IEP.

•   “Stay put” is the IAES unless parents and school
    agree otherwise.
Step 9: IAES – Timing and Placement
Circumstances under which a student may be
  placed in a IAES more than once or more than 45
  days in one school year

One incident in the fall
  e.g. student brings a weapon to school

Followed by another incident in the spring
  e.g. student is using illegal drugs
Step 10: Results


Progress reports on IEP goals and the status
     of the student’s behavior should be
      provided to parents as part of the
                 IEP process
Questions/ Comments

								
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