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Special Education Legal Requirements - Bibb County Schools

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Special Education Legal Requirements - Bibb County Schools Powered By Docstoc
					Legal and Compliance Issues
            January 9, 2012
 IEP   Implementation

 Discipline
   IEP must be implemented as written

   All components of the IEP MUST be
    implemented as written

   Behavior Intervention Plan is a component of
    the IEP and MUST be implemented as written

   Must have proof of implementation
    ◦ Scheduling, lesson plans, progress monitoring data,
      etc.
   Changes to the IEP can only occur through
    the IEP Team meeting process and/or IEP
    Amendment (only to be used on RARE
    occasions)

   NO exceptions to implementation

   No excuses accepted for failure to implement
Questions?
   District just received notification that we were
    non-compliant with IDEA in relation to the
    discipline of SWDs
    ◦ Risk Ratio for Bibb was higher than 3.0 for FY10
      and FY11
    ◦ Requires completion of District Self Assessment
      monitoring Protocol
    ◦ DOE review to determine of assessments, policies
      and procedures relative to the discipline of SWDs
   Expected to follow the Bibb County School
    District’s Code of Conduct unless otherwise
    specified in the IEP
   Proactive approaches rather reactive behavior
    management should be practiced
   Behavioral expectations should be taught,
    modeled, and monitored
   Behavioral problems exhibited by SWDs
    should be reviewed by the IEP team
    ◦ Functional Behavioral Assessment (FBA) conducted
    ◦ Behavior Intervention Plan (BIP) developed
   May be suspended for NO more than 10
    consecutive or cumulative days
   Services are NOT required for first 10 days of
    suspension
   If suspensions exceed 10 days (only in special
    circumstances involving weapons, drugs,
    inflicting serious bodily injury) services MUST be
    provided
   ISS suspensions may be considered a “cessation
    of services” if IEP services and participation in
    general curriculum DO NOT occur
   ISS suspensions may be considered a
    “cessation of services” if IEP services and
    participation in general curriculum DO NOT
    occur
   Bus suspensions may be considered a
    “cessation of services” if related service
    transportation is defined on student’s IEP
   Days 1-5 of Suspension

    ◦ Case Manager and other staff directly involved with
      the student convene immediately upon student’s
      return to review the incident and to address
      concerns regarding the student (may or may not be
      an IEP meeting but must be documented)
    ◦ Case Manager monitors OSS and ISS days of student
   Days 6-7 of Suspension

    ◦ Case Manager and other staff directly involved with
      the student convene immediately upon student’s
      return to review the incident and to address
      concerns regarding the student (may or may not be
      an IEP meeting but must be documented)
    ◦ Case Manager monitors OSS and ISS days of student
    ◦ IEP Team must convene to review current IEP
      including goals, services, BIP, etc.
   Days 8-10 of Suspension
    ◦ Case Manager and other staff directly involved with
      the student convene immediately upon student’s
      return to review the incident and to address
      concerns regarding the student (may or may not be
      an IEP meeting but must be documented)
    ◦ Case Manager monitors OSS and ISS days of student
    ◦ IEP Team must convene to review current IEP
      including goals, services, BIP, etc.
    ◦ Case Manager notifies Lead Teacher, Zone
      Coordinator
   Would be considered more than 10 days
    suspension so all previous information applies

   Requires a Manifestation Determination Review
    ◦ Was the behavior caused by or have a direct and
      substantial relationship to the student’s disability?
    ◦ Was the behavior a direct result of the system’s failure
      to implement the IEP?


   Does not terminate a student’s rights to receive
    Free Appropriate Public Education (FAPE)
   Two prong requirement for continuation of
    services:
    ◦ Continue to participate in the general curriculum
    ◦ Enable the student to progress toward meeting IEP
      goals


   IEP meeting must be convened within 3 days
    of the guilty verdict and assigned disposition
    set forth by Hearing Officer
Questions?

				
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