LGA officials realize that when disciplining student’s with disabilities, the student’s IEP and/or Section 504 plans preempt the schools regular disciplinary code if suspension, expulsion or changes or placement are used. In such situations the proper body to address discipline is the IEP team.
School-Wide Discipline Policies
Students with disabilities attending LGA are subject to LGA regular policies and procedures, however, general discipline policies must be changed when applied to students in special education when the LGA behavior policy:
• Deprives a student of special education and related services (i.e. suspension is longer than 5 consecutive days or the student has had 10 cumulative days of suspension)
• Triggers the procedural safeguards of IDEA (e.g. student’s placement is changed without corresponding change in the IEP or change is made without notice)
• Interferes with a student’s IEP, Proactive Behavior Management Plan (PBMP) or Section 504 accommodation plan.
If a student’s IEP team determines that:
a) the student will be subject to LGA regular disciplinary policy and;
b) the policy does not violate the requirement of IDEA, the team may use the student’s IEP (adaptation section) and /or PBMP to affirm that the student will be subject to LGA regular discipline policies and procedures (include a copy of the school’s discipline policy along with the IEP or PBMP). A parent’s signed consent or implied consent to the IEP will indicate support of using the LGA regular discipline policy.
If the IEP team decides that a student will be subject to an alternative discipline plan, the plan must be included in the IEP (adaptation section) and /or PBMP. Similarly if a student has a 504 plan, the alternative plan should be detailed.
IDEA and Discipline
Three major points underline IDEA 2004
1) The law emphasizes the use of positive behavioral interventions, supports, and services for students with disabilities who exhibit problematic and/or maladaptive behaviors that interfere with the student’s ability to learn or to be ready to learn. The purpose of positive programming is to teach appropriate behaviors that increase the likelihood of a student’s success in school and post-school life, rather than merely use punishment-based programming to eliminate inappropriate behavior. Positive proactive procedures must be included in the student’s IEP when appropriate.
2) LGA regular disciplinary procedures can be used with students with IEP’s when the procedures:
a) are used with nondisabled students and students with disabilities.
b) do not result in a unilateral change in the student’s placement ( e.g. 10 cumulative days of suspension, changes in educational placement without benefit of the IEP team, expulsion without due process)
c) do not result in the cessation of educational services.
3) Discipline should be addressed through the IEP process. The IEP team must:
a) address problem behavior and discipline in the IEP process
b) follow behavioral plans and disciplinary procedures as identified in the IEP
c) seek solutions (with parents) such as alternative school placements rather than moving toward or seeking school expulsion.
Addressing Problem Behavior in the IEP Process
Idea requires that if a student with a disability exhibits problem behaviors that impede the child’s learning or the learning of others, the IEP team shall consider strategies including positive behavioral interventions and support to address the behavior. Problem behaviors should be addressed in the following manner.
1) When a student exhibits problematic behavior, the IEP team must determine if the behavior impedes his or her learning or other student’s learning.
2) If the team decides that the problem behavior does interfere with the student’s learning, the IEP team must conduct an assessment of the behavior (e.g. a Functional Behavioral Assessment)
3) The IEP team must develop a plan based on the information gained from the assessment that reduces the problem behaviors and increases socially acceptable behaviors.
4) In developing the plan to reduce problem behaviors and promote socially appropriate behaviors, the student’s “Present Levels of Performance” section of the IEP must reflect information specific to the student’s problematic behaviors. The behaviors of concern may be addressed through measurable goals and objectives, through special education and related services, through accommodations/ modifications to the educational environment or through all of these
If the IEP team fails to address a student’s problem behavior in the IEP, the failure would deprive the student of Free Appropriate Public Education
Considerations in providing a full continuum of services on site at LGA
Assets Challenges Options
Skilled staff Limited space More one on one staff
Small staff to student ratios Small children centrally located in building Volunteers (concern re: their training with extremely challenged students)
Flexible curriculum Liability More Sped staff trained with EBD licensure
Flexible grouping Resources to safely move students Train more staff in Positive Behavioral strategies
Structured and predictable environments
(calm and emotionally safe) Tools for exclusionary time outs and as indicated in some student’s IEP plans New site/more room/better equipped?
Specialized Services Staff properly suited and trained to do restraints Sara Moeller will be trained in CPI to be a trainer
Strong Mission & Vision Professional Training time: ASD, behavior management, and positive behavioral supports Regularly scheduled speakers for parent/staff training
Partner with St. Thomas to establish a cohort at LGA
Future directed Over-worked behavioral team Ability to refer out if recommended by IEP team and all options to keep students and staff emotionally and physically safe have been exhausted.
Strong parent involvement
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ADOPTED BY THE BOARD ON: December 16th, 2008
REVISED BY THE BOARD ON:
