Discipline

Background Information and Definitions

  • Removal: Any time school personnel unilaterally removes a student from his/her placement, it is considered a “removal”. A student may be removed for up to 10 days before educational services must be provided. Educational services must be provided for the 11th cumulative day of removal and beyond.
    • Removal for part of a day counts as a day of removal unless it is part of the student' IEP or BIP.
    • Any removal is considered a suspension, and suspension procedures must be followed.
  • Removal/Suspension from the bus: If transportation is a related service in the student' IEP, and the student is suspended from the bus, the school must provide an alternate means of transportation for the student, or the days of suspension from the bus count as days of removal.
  • During the first 10 days of suspension (consecutive or cumulative) the school is not required to provide the student with educational services if it does not provide services to non-disabled students who have been suspended.
  • In-School Suspension (ISS) is not considered a removal IF the student has the opportunity to
    • Progress appropriately in the general curriculum,
    • Receive the special education services identified in the student' IEP, and
    • Participate with non-disabled students to the extent the student would have in the student' current placement
  • When a series of suspensions “constitutes a pattern” and additional factors: The principal'/designee' determination of whether a series of suspensions constitutes a pattern is based on the number of days removed, the similarity of the behavior/misconduct, and the frequency and proximity of removals, the suspension is considered a change of placement. The principal/designee may also consider other unique circumstances on a case-by-case basis to determine whether the change of placement is appropriate, including:
    • The students disciplinary history and ability to understand consequences,
    • The supports provided to the student prior to the behavior/misconduct, and
    • Other relevant factors
  • Manifestation Determination: If the student' behavior/misconduct is a manifestation of the student' disability, a change of placement cannot be imposed without parent consent. In making this determination, the CCC considers whether the students behavior/misconduct was:
    • Caused by or had a direct and substantial relationship to the student' disability, or
    • The direct result of the school' failure to implement the student' IEP.

Removing/Suspending a Student with a Disability

Beyond the first 10 days of removal/suspension:

  • When a student has been suspended for 10 cumulative days in a school year and engages in misconduct that will result in further suspension, and the principal/designee must immediately determine if the subsequent suspensions (11th cumulative day and beyond), combined with the previous ten (10) days suspension, constitutes a disciplinary change of placement. If a series of suspensions constitutes a pattern, the suspension is considered a disciplinary change of placement.
    • If the principal/designee determines the series of suspensions constitutes a change of placement, he/she must:
      • Contact the parent to notify them of change of placement,
      • Send the parent a copy of the Notice of Procedural Safeguards,
      • Convene the CCC and conduct a manifestation determination within ten (10) instructional days of the decision to suspend the student.
      • The public agency representative/designee must consult with at least one of the student' teachers to determine the services to be provided during the period of suspension that will allow student to continue to participate in the general education curriculum and to progress toward meeting IEP goals, and
      • The teacher of record must ensure that the services are provided to the student as determined by the public agency representative/designee and the teacher.
    • If the principal/designee determines that the suspension does not constitute a change of placement, he/she must follow the notice and procedural requirements of the Indiana statute on suspension. In addition:
      • The public agency representative/designee must consult with at least one of the student' teachers to determine the services to be provided during the period of suspension that will allow student to continue to participate in the general education curriculum and to progress toward meeting IEP goals, and
      • The teacher of record must ensure that the services are provided to the student as determined by the public agency representative/designee and the teacher.

Suspension with Recommendation for Expulsion:

  • When a student is suspended with a recommendation for expulsion, and the days of suspension do not exceed ten (10) cumulative days for the school year, the public agency representative/designee must convene a CCC meeting to conduct a manifestation determination within ten (10) instructional days of the date the decision is made to suspend/recommend expulsion of the student.
  • When a student is suspended with a recommendation for expulsion, and the days of suspension exceed ten (10) cumulative days for the school year, educational servicesmust be provided for the 11th cumulative day and beyond. The public agency representative/designee must convene a CCC meeting to conduct a manifestation determination within ten (10) instructional days of the date the decision is made to suspend/recommend expulsion of the student.


Manifestion Determination

 

  • The public agency representative/designee must convene the CCC to conduct a manifestation determination within 10 school days of the date that:
    • The student is suspended for more than ten (10) consecutive school days, or
    • The principal/designee determines that the series of suspensions totaling more than 10 cumulative school days constitutes a pattern.
  • The public agency representative/designee should follow the procedures in the “Case Conference Procedures” section of the manual for scheduling and convening the CCC (purpose = manifestation determination); the Special Education Director must be present at the manifestation determination conference.
  • The CCC conducts the manifestation determination by:
    • Reviewing all relevant information in the student' file, including the IEP, teacher observations, the most recent psychological evaluation, and any relevant information provided by the parent and
    • Answering the two key questions (511 IAC 7-44-5b) to determine if the student' behavior/misconduct is a manifestation of the student' disability.
  • If the CCC determines the behavior/misconduct is caused by or had a substantial relationship to the student' disability OR is a direct result of the school' failure to implement the student' IEP, the behavior/misconduct is considered a manifestation of the student' disability and the CCC must:
    • Conduct a a FBA and develop a BIP to address the student' behavior/misconduct OR
    • Review the previously developed BIP and modify it as necessary to address the student' behavior/misconduct
  • If the behavior/misconduct is a manifestation of the student' disability, discipline cannot be imposed, and the student must be returned to the student' previous placement unless the CCC agrees on a change of placement and revises the student' IEP. However, if the student has been placed in an interim alternative educational setting (IEAS) for weapons, drugs, or serious bodily injury, the student remains in IEAS for up to 45 instructional days.
  • If the CCC determines that the student' behavior/misconduct is NOT a manifestation of the student' disability:
    • The school may impose discipline in the same manner and for the same duration as it would for non-disabled students, and
    • The CCC must determine the appropriate services needed for the student to:
      • Continue to participate in the general education curriculum, although in another setting (Homebound Instruction on or off-campus)
      • Progress toward meeting the goals in the student' IEP and
      • Receive, as appropriate, the interventions, services, and modifications designed to prevent the behavior/misconduct from recurring.

REMINDER: A new psychoeducational evaluation is not required for a manifestation determination even if the current evaluation is more than a year old. If the CCC, as part of its consideration, determines that additional information is needed to determine the student' continued eligibility or need for services, the appropriate sections of Indiana IEP should be completed to initiate a reevaluation.


Interim Alternative Education Setting

 

  • The principal/designee may place a student in an interim alternative educational setting for up to 45 school days without regard to whether the behavior is determined to be a manifestation of the student' disability for weapon, drug offenses or for inflicting serious bodily injury.
  • The principal/designee must immediately notify the parent of the disciplinary change of placement and provide the parent with a copy of the Notice of Procedural Safeguards.
  • If the decision is made to place a student in an interim alternative education setting, the CCC must determine the services the student will need to continue to participate in the general education curriculum, progress toward meeting IEP goals, and as appropriate, receive behavioral interventions, services, and modifications to prevent the behavior/misconduct from recurring.

 

Student Not Yet Eligible-Expedited Initial Evaluation

 

  • If a parent requests an initial evaluation during the time a student is subjected to suspension or expulsion, the public agency representative/designee should follow the procedures in the “Initial Public School Referrals” section of the manual.
  • The evaluation must be conducted and the CCC convened within 20 school days after the public agency representative/designee receives the parent' written consent.
  • The evaluation report must be provided to the parent at the initial CCC meeting. It does not have to be provided at least five (5) instructional days prior to the CCC meeting.
  • The student remains subject to the disciplinary action during the evaluation process.
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