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Special Ed 101
Legal Responsibilities of Educators
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<blockquote data-quote="Sheila" data-source="post: 124195" data-attributes="member: 23"><p><em>Tex. El Paso Indep. School District</em> (8)</p><p><strong>Facts:</strong> Eighteen-year-old student had ADD, learning disability and speech impairment. Parents made unilateral private school placement because of dissatisfaction with student's IEP.</p><p><strong>Ruling:</strong> For the school district, because:</p><p>(1) IEP was crafted with parental involvement, provided goals, and objectives, and used proper assessment methods;</p><p>(2) District's academic assessments met Rowley standard and yielded reliable information;</p><p>(3) Officer rejected parents' contentions that the IEP's goals and objectives were required to contain all or most of the grade-level objectives for every essential element, rather the IDEA does not require the IEP to be a detailed instructional plan, but rather must provide only general direction;</p><p>(4) District not required to adopt parent's preferred methodology for teaching;</p><p>(5) Evidence established student had some benefit from District placement; and</p><p>(6) In addition to using adequate assessment instruments, the District considered input from student's mother and teachers concerning her academic progress and therefore did not use any sole criteria to measure student's program.</p><p><strong>Note:</strong> This decision is consistent with a long line of cases giving District's discretion to use particular methodologies or personnel, as long as choices are "reasonably calculated to provide educational benefit."</p><p> </p><p style="text-align: center"><strong>Return to Table of Contents</strong></p><p></p><p><strong>IV. Disciplinary Options Under the IDEA</strong></p><p><strong>A. Understanding the Key Rules</strong></p><p>The disciplinary options available to educators are curtailed to some extent by the IDEA. The philosophy behind this curtailment is that educationally disabled students should not be disciplined for wrong acts that are a manifestation of their educational disability, and that they should receive a FAPE even if subject to long-term suspension or expulsion. You should be aware of the following rules:</p><p><strong>Rule: </strong>The "Ten School Day" rule</p><p>A student with a disability may be suspended or moved to an alternative setting for up to 10 school days, (as with a nondisabled student), without convening an IEP team to determine whether the misconduct was related to the student's disabilities. This is based on the concept that a suspension, or series of suspensions, totaling less than 10 school days, does not constitute a change in placement. The school need not provide services during such a "short-term" suspension or removal, unless services would be provided to a non-disabled student during such suspension or removal. (9)</p><p><strong>Rule: </strong>The "Cumulative Suspension" rule</p><p>If a student is subjected to a series of removals that constitutes a pattern because they amount to more than 10 days in a school year, and/or because of the length of each removal, the total amount of time removed, and the proximity of the removals to each other, then the student will be considered to have been subjected to a change in placement. A change in placement requires the school to continue to provide services necessary for the student to progress in the curriculum and to advance toward achieving the goals of the student's IEP. (10)</p><p><strong>Rule:</strong> Changes in placement never occur without "Manifestation Determinations, FBA's and BIP's"</p><p>In any suspension of more than ten school days, or removal that constitutes a change in placement, the school must:</p><p>(a) no later than the date on which the decision to take the suspension or removal action is made, notify the parents of the decision and provide a procedural safeguards notice;</p><p>(b) immediately, if possible, but in no case later than 10 school days after the date on which the decision to take the suspension or removal action is made, conduct an IEP team meeting for the purpose of determining whether there is a relationship between the student's disability and behavior (<strong>manifestation determination</strong>);</p><p>(c) within 10 business days of removing the child, convene the IEP team to conduct a <strong>"functional behavioral assessment"</strong>, if it has not already done so;</p><p>(d) the IEP team must then meet to develop or revise and implement a <strong>"behavioral intervention plan"</strong> to address the behavior that caused the suspension. (11)</p><p><strong>Rule:</strong> "Drugs and Weapons"</p><p>A disabled student may be removed to an appropriate alternative educational setting for the same amount of time that a non-disabled child would be removed, but for not more than 45 days, if the removal is for possession or use of a drug or weapon. That student must still receive a FAPE.</p></blockquote><p></p>
[QUOTE="Sheila, post: 124195, member: 23"] [I]Tex. El Paso Indep. School District[/I] (8) [B]Facts:[/B] Eighteen-year-old student had ADD, learning disability and speech impairment. Parents made unilateral private school placement because of dissatisfaction with student's IEP. [B]Ruling:[/B] For the school district, because: (1) IEP was crafted with parental involvement, provided goals, and objectives, and used proper assessment methods; (2) District's academic assessments met Rowley standard and yielded reliable information; (3) Officer rejected parents' contentions that the IEP's goals and objectives were required to contain all or most of the grade-level objectives for every essential element, rather the IDEA does not require the IEP to be a detailed instructional plan, but rather must provide only general direction; (4) District not required to adopt parent's preferred methodology for teaching; (5) Evidence established student had some benefit from District placement; and (6) In addition to using adequate assessment instruments, the District considered input from student's mother and teachers concerning her academic progress and therefore did not use any sole criteria to measure student's program. [B]Note:[/B] This decision is consistent with a long line of cases giving District's discretion to use particular methodologies or personnel, as long as choices are "reasonably calculated to provide educational benefit." [CENTER][B]Return to Table of Contents[/B][/CENTER] [B]IV. Disciplinary Options Under the IDEA A. Understanding the Key Rules[/B] The disciplinary options available to educators are curtailed to some extent by the IDEA. The philosophy behind this curtailment is that educationally disabled students should not be disciplined for wrong acts that are a manifestation of their educational disability, and that they should receive a FAPE even if subject to long-term suspension or expulsion. You should be aware of the following rules: [B]Rule: [/B]The "Ten School Day" rule A student with a disability may be suspended or moved to an alternative setting for up to 10 school days, (as with a nondisabled student), without convening an IEP team to determine whether the misconduct was related to the student's disabilities. This is based on the concept that a suspension, or series of suspensions, totaling less than 10 school days, does not constitute a change in placement. The school need not provide services during such a "short-term" suspension or removal, unless services would be provided to a non-disabled student during such suspension or removal. (9) [B]Rule: [/B]The "Cumulative Suspension" rule If a student is subjected to a series of removals that constitutes a pattern because they amount to more than 10 days in a school year, and/or because of the length of each removal, the total amount of time removed, and the proximity of the removals to each other, then the student will be considered to have been subjected to a change in placement. A change in placement requires the school to continue to provide services necessary for the student to progress in the curriculum and to advance toward achieving the goals of the student's IEP. (10) [B]Rule:[/B] Changes in placement never occur without "Manifestation Determinations, FBA's and BIP's" In any suspension of more than ten school days, or removal that constitutes a change in placement, the school must: (a) no later than the date on which the decision to take the suspension or removal action is made, notify the parents of the decision and provide a procedural safeguards notice; (b) immediately, if possible, but in no case later than 10 school days after the date on which the decision to take the suspension or removal action is made, conduct an IEP team meeting for the purpose of determining whether there is a relationship between the student's disability and behavior ([B]manifestation determination[/B]); (c) within 10 business days of removing the child, convene the IEP team to conduct a [B]"functional behavioral assessment"[/B], if it has not already done so; (d) the IEP team must then meet to develop or revise and implement a [B]"behavioral intervention plan"[/B] to address the behavior that caused the suspension. (11) [B]Rule:[/B] "Drugs and Weapons" A disabled student may be removed to an appropriate alternative educational setting for the same amount of time that a non-disabled child would be removed, but for not more than 45 days, if the removal is for possession or use of a drug or weapon. That student must still receive a FAPE. [/QUOTE]
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