Preston County Board of Education
Policy 3-10-7 - Special Education,
Discipline
7.1. Policy Statement:
Each public agency shall:
1) protect the rights of an eligible student with a disability whenever removal from the educational placement is considered as a disciplinary action;
2) proactively design and implement positive behavioral interventions, strategies and supports to address behaviors that interfere with learning; and
3) provide instruction to assist the student to access and progress in the general curriculum and meet the goals in the student's IEP.
Specific methods for implementing these requirements shall be stated in each public agency's
policies and procedures.
7.1.1. Authority of school personnel for removals of not mor
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- Utilize procedures as defined for regular education students for suspensions of
not more than 10 school days at a time.
- Utilize procedures delineated in Section 7.1.2 to determine if the additional
removal constitutes a change of placement.
- Administer all additional suspension (of not more than 10 school days) for the
same duration as for non-disabled students.
Documentation
Written parent notice, disciplinary referral form, WVEIS
c. School personnel, in consultation with the student's special education teacher, determine the
extent to which services are necessary to enable the student to appropriately progress in the
general curriculum and appropriately advance toward achieving the goals set out in the student's
IEP when removals accumulate to more than 10 school days in a school year and are not a
change of placement.
The onsite administrator, designee or IEP team chair, the first day of each suspension beyond 10
cumulative days in a school year, shall
d. Within 10 business days of the first time the student is removed from school for more than 10
cumulative school days in a school year; the public agency shall:
A. convene an IEP meeting to develop an assessment plan if the student has not previously had a functional behavioral assessment and behavior intervention plan;
Within 10 business days of the first removal beyond 10 cumulative school days in a school year, the onsite administrator, designee or IEP team chair shall convene an IEP team meeting to develop a functional behavior assessment plan using the following process:
- Review historical data to include previous disciplinary actions, anecdotal records
and current educational performance;
- Identify behavioral concerns;
-- Determine if additional data/assessment is necessary; (If no additional data/assessments are needed, proceed with the steps specified in 7.1.1.d.B.
-- Determine the time involved in obtaining additional data/assessment and reconvening the IEP team;
-- Obtain parental consent if additional assessments are needed;
-- Determine the student's placement status during the data collection/assessment process; and
-- Document the team's decisions.
Documentation
Notice of EC/IEP team meeting, meeting notes, reevaluation determination plan, notice of evaluation/reevaluation, IEP
and
B. reconvene an IEP meeting when the functional behavior assessment is completed to develop interventions that address the removal behavior;
The CASE, onsite administrator, or designee, or IEP team chair, as scheduled in 7.1.1.d.A, shall convene an IEP team meeting to develop a behavior intervention plan, using the following process:
- Review the data collected and/or assessment results obtained from actions taken
in Section 7.1.1.d.A of these procedures.
- Identify the instructional and/or environmental accommodations and/or
modifications needed.
- Document, in a behavior intervention plan, the identified positive supports,
strategies, interventions and their method of implementation to address the
behavioral concerns.
Documentation
Notice of IEP team meeting, behavior intervention plan, meeting notes, evaluation results
C. if the student already has a behavior intervention plan, convene an IEP meeting to review the plan and its implementation, and modify the plan and its implementation as necessary to address the removal behavior.
Within 10 business days of the first removal beyond 10 cumulative school days in a school year, the CASE, onsite administrator, or designee or IEP team chair shall convene
an IEP team to review the existing behavior intervention plan using the following steps:
- Review the student's progress and the implementation of positive supports,
strategies and interventions previously developed and any historical assessment or
data addressing the identified behaviors:
- Determine if modifications are necessary to the existing behavior intervention
plan or to its implementation.
- Document the decisions made by the IEP team.
Documentation
Notice if IEP team meeting, behavior intervention plan, meeting notes, evaluation results
e. When the student receives further suspensions for up to 10 school days at a time, the IEP team
members shall individually review the behavior intervention plan and its implementation to
determine if modifications are necessary. If one or more of the team members believe that
modifications are needed, the team shall meet to modify the plan and its implementation, to the
extent the team determines necessary.
In response to each subsequent suspension, the onsite administrator or designee, shall, within 10
business days of the removal document team members' decisions and, if modifications are
necessary, convene an IEP team meeting and conduct a review as specified in Section 7.1.1.d.C
of these procedures.
Documentation
Notice of IEP team meeting, meeting notes, revised behavior intervention plan, documentation
of team members decisions
7.1.2. Change of Placement.
a. A change of placement from the current educational placement occurs if:
A. the removal is for more than 10 consecutive school days (including removal to an interim alternative educational setting); or
B. the removals are administered in a series that constitutes a pattern because they accumulate to more than 10 school days in a school year, and because of factors such as the length of each removal, the total amount of time the student has been removed and the proximity of removals to one another.
The IEP team shall
- Follow the steps specified in 7.1.2.b of these procedures, whenever any member
of the IEP team believes that a pattern of suspension has developed.
- Determine if a pattern has developed by monitoring all removals of the student
with disabilities through a database of disciplinary actions to ensure a change of
placement does not occur without following the process in Section 7.1.2.b of
these procedures.
- Determine if a pattern has developed by reviewing all past disciplinary actions,
their proximity to one another, the length and the reason for the disciplinary
action.
Documentation
WVEIS report, discipline referral forms, other appropriate data
b. Whenever a change of placement is being considered, Preston County Schools shall:
A. immediately provide the parent with written prior notice as specified in Section 8.1.1 of the decision to remove the student and the procedural safeguards notice;
The CASE, onsite administrator, designee, or IEP team chair shall provide such notice the same day as decision to remove.
Documentation
Notice of suspension, notice of IEP team meeting
and
B. immediately schedule an IEP meeting to be held within 10 business days of the change
of placement removal decision to determine the relationship between the student's disability and the behavior subject to the disciplinary action (manifestation determination) and to conduct the activities listed in Section 7.1.1(d).
The CASE, onsite administrator, designee, or IEP team chair shall provide such notice the same day as decision to remove.
Documentation
Notice if IEP team meeting
c. The IEP team, with parent agreement, may determine that a change in placement through the
IEP process rather than through these disciplinary procedures is needed. Students may receive a
change of placement through the IEP process for any time period determined appropriate by the
team, as long as the parent does not object.
Within 10 business days, unless waived, the CASE, onsite administrator, designee, or IEP team
chair shall convene an IEP team meeting as delineated in Section 5.1 of these procedures to
change the student's placement, when appropriate, in lieu of disciplinary actions.
Documentation
Notice of IEP team meeting, meeting notes, IEP
7.1.3. Manifestation Determination.
a. In making a manifestation determination, the IEP team shall:
A. consider all relevant information in terms of the behavior subject to the disciplinary action,
including:
(a) evaluation and diagnostic results, including information supplied by the parents;
(b) observations of the student; and
(c) the student's IEP and placement.
Within 10 school days following a student's removal, the IEP team chair shall
- Convene and IEP team meeting.
- Review the information specified in Section 7.1.3.a.A of these procedures.
Documentation
IEP, notice of IEP team meeting, evaluation results, parent information, other appropriate
information
B. determine that in relationship to the behavior subject to the disciplinary action:
(a) the IEP and placement were appropriate and the special education services, supplementary aids and services and behavior intervention strategies were provided consistent with the student's IEP and placement;
(b) the student's disability did not impair the student's ability to understand the impact and consequences of the behavior subject to disciplinary action; and
(c) the student's disability did not impair the student's ability to control the behavior subject to disciplinary action.
Within 10 school days following the student's removal, the IEP team shall complete the Manifestation Determination Documentation to determine the relationship of the behavior to the misconduct.
Documentation
Meeting notes, manifestation determination documentation.
b. If the IEP team determines that any of the standards in Section 7.1.3(a)(B) were not met, the
behavior must be considered to be a manifestation of the student's disability;
If the IEP team determines that the behavior is a manifestation of the disability, the student
cannot be suspended and the student's placement can only be changed via the IEP team process.
Documentation
IEP, meeting notes, behavior intervention plan, manifestation determination documentation
c. If the IEP team identifies deficiencies in the student's IEP or placement or in their
implementation, immediate steps must be taken to remedy those deficiencies;
The IEP team shall identify the area of deficiencies and document actions to be taken.
Documentation
IEP, meeting notes, behavior intervention plan, manifestation determination documentation
d. If the IEP team determines the behavior was not a manifestation of the student's disability:
A. the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner in which they would be applied to other students;
The superintendent, onsite administrator or designee shall administer disciplinary actions
consistent with WV Code §18A-5-1A.
Documentation
IEP, meeting notes, behavior intervention plan, manifestation determination documentation, disciplinary records
and
B. services must be provided to the extent necessary, as determined by the IEP team, to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the student's IEP.
The IEP team shall
- Review the IEP goals and objectives and current progress in all classes and
subject areas.
- Determine, based upon the review, what services, if any, are necessary to enable
the student to progress in the general curriculum and/or meet the IEP goals and
objectives.
- Revise the IEP, if necessary.
- Document the determination regarding the type, amount and location of services
to be provided.
Documentation
IEP, meeting notes
e. If Preston County Schools initiates disciplinary procedures applicable to all students, Preston County Schools shall transmit the special education and disciplinary records of the student for
consideration by the person or persons making the final determination regarding the removal.
Within 24 hours of the IEP team meeting, the onsite administrator or designee shall submit all
appropriate evaluation and diagnostic data, including information supplied by the parent,
observations of the student, the student's IEP, Behavior Intervention Plan, Manifestation
Determination documentation, disciplinary records and any other documentation reviewed in
Section 7.1.3.d. to the Superintendent of Preston County Schools.
Documentation
Manifestation determination documentation, administrative correspondence, student profile
7.1.4. Removal for Weapons and Drugs.
a. If a student with a disability carries a dangerous weapon or knowingly possesses or uses
illegal drugs or sells or solicits a controlled substance, an IEP team may change the student's
placement to an interim alternative educational setting (IAES) for not more than 45 days, as long
as such a placement is selected to:
A. enable the student to continue progress in the general curriculum;
B. enable the student to continue to receive those services and modifications including those in the current IEP that will enable the student to meet the goals in the IEP; and
C. include services and modifications to address the behavior for which the student has been removed which are designed to prevent the behavior from recurring.
The onsite administrator or designee shall
- Administer disciplinary actions consistent with WV Code §18A-5-1A.
The IEP team shall
- Review student data as delineated in Section 7.1.1.d., including the IEP, Behavior
Intervention Plan, and the results of supports, strategies and interventions.
- Determine and develop any additional services that are needed to prevent the
behavior from recurring.
- Select a site that will enable the student to meet the goals in the IEP and continue
to progress in the general curriculum.
- Document the services to be provided and the site at which they will be
implemented.
Documentation
IEP, IEP notice, meeting notes, prior notice of decisions, IAES checklist, administrative correspondence, other appropriate information.
b. A change of placement to an IAES invokes the procedures set forth in Sections 7.1.2 and
7.1.3.
7.1.5. Expedited Due Process Hearings and Student Status During Appeals.
a. A parent may request an expedited due process hearing if he or she disagrees with the
manifestation determination made in Section 7.1.3 or any decisions regarding placement in this
section.
A. if a parent challenges an IAES placement decision, the student remains in the IAES pending the hearing decision or until the expiration of the time period for the placement (up to 45 days), whichever comes first, unless the parent and Preston County Schools agree otherwise.
The parent shall submit a written request for an expedited hearing to the Superintendent of Preston County Schools and/or the WVDE.
Upon receipt of written request, the Superintendent shall, by the next business day, forward the request via FAX to the WVDE.
Documentation
Written request, FAX record
B. if the parent challenges a manifestation determination or change of placement decision (other than an IAES) in a case in which the student has been removed for more than 10
school days at a time, the student returns at the end of the 10 school day removal to the prior to
removal placement, pending the hearing decision, unless the parent and public agency agree
otherwise.
b. Preston County Schools may request an expedited due process hearing, if, during the
pendency of the expedited due process hearing to challenge a manifestation determination,
school personnel maintain it is dangerous for the student to be in or return to the placement prior
to removal placement.
A. the hearing officer shall determine whether the student may be placed in an IAES or in another setting for up to 45 days.
The Superintendent or designee shall submit a written request for an expedited hearing to
the WVDE.
Documentation
Written request
B. Preston County Schools may repeat the process of requesting an expedited due
process hearing to remove the student from school for up to 45 days, as necessary.
Prior to the end of a 45 day IAES placement, the Superintendent, designee, or CASE shall re-submit a written request for an expedited hearing to the WVDE.
Documentation
Written request
c. An expedited due process hearing request may be submitted in writing to Preston County
Schools or the WVDE. Requests submitted to Preston County Schools shall be submitted to the
WVDE by the next business day.
Documentation
Due process hearing request
d. Expedited hearings shall be conducted and a written decision issued within 45 days of receipt
of the hearing request by the WVDE, without exceptions or extensions.
e. Each party shall disclose to all other parties, at least two (2) business days prior to an
expedited hearing, all evidence that party intends to use at the hearing.
f. The decisions rendered through the expedited hearing process may be appealed through civil
action.
7.1.6. Authority of the Due Process Hearing Officer.
a. A hearing officer may order a change of placement to an IAES for not more than 45 days, if
the hearing officer in an expedited due process hearing:
A. determines that the public agency has demonstrated by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or to others;
B. considers the appropriateness of the student's current placement;
C. considers whether the public agency has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services; and
D. determines that the IAES that is proposed by school personnel who have consulted with the student's special education teacher:
(a) Is selected so as to enable the student to continue to progress in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the student's current IEP, that
will enable the student to meet the goals set out in the IEP; and
(b) Includes services and modifications to address the behavior subject to the disciplinary action that are designed to prevent the behavior from recurring.
b. In reviewing a manifestation determination decision, the hearing officer shall determine
whether the public agency has demonstrated that the student's behavior was not a manifestation
of the student's disability consistent with the requirements of Section 7.1.3.
c. In reviewing an IAES decision, the hearing officer shall apply the standards described in
Section 7.1.6(a).
7.1.7. Referral To and Action By Law Enforcement and Judicial Authorities.
a. Preston County Schools may report a crime committed by a student with a disability to appropriate
law enforcement and judicial authorities.
The Superintendent, onsite administrator, designee, or CASE shall investigate and report illegal
actions committed by a student with a disability in the same manner as specified for non-disabled students in WV Code §18A-5-1a.
b. Law enforcement and judicial authorities may exercise their responsibilities with regard to the
application of Federal and State law to crimes committed by a student with a disability.
c. Copies of the special education and disciplinary records shall be transmitted for consideration
by the appropriate authorities to whom it reports the crime to the extent permitted by the Family
Educational Rights and Privacy Act (FERPA) and WVDE Policy 4350: Procedures for the Collection,
Maintenance and Disclosure of Student Records.
The Superintendent, CASE, or designee shall request parental permission to release personally
identifiable information; and, if permission is not granted, seek legal counsel to determine the
specific records to be released and the process for releasing these records.
Documentation
Parental release form
7.1.8. Protections for Students Not Yet Determined Eligible.
a. A student may assert protections of this part if Preston County Schools had knowledge as defined in
A of this part that the student was a student with a disability before the behavior that precipitated
the disciplinary action occurred.
A. Preston County Schools shall be deemed to have knowledge if:
(a) the parent expressed concern in writing (or orally if parent does not write or has a disability preventing a written statement) to personnel of the appropriate public agency that the student is in need of special education and related services;
(b) the behavior or performance of the student demonstrates the need for special education and related services;
(c) the parent has requested an evaluation of the student for special education and related services; or
(d) the teacher of the student or other personnel of the public agency expressed concern about the behavior or performance of the student to the director of special education or to other personnel in accordance with the public
agency's child find or referral process.
Within 5 school days of student's misconduct, or when a parent or student with a disability requests protections under this part, the onsite administrator, CASE, or designee shall
- review the student's record to determine if any of the following have
occurred:
-- a written request for evaluation has been submitted to school personnel;
-- the SAT logs indicate a concern regarding the student's behavioral performance,
-- a written concern regarding the student's behavior has been expressed by the parent and or the teacher; and/or
--when a parent or student with a disability requests protections under this part
- Determine if an evaluation was conducted and the student was not
eligible.
- Process a referral in accordance with Section 2.1 and 3.1 of these
procedures to determine if the student is a student with a disability, if
prior action has not been taken and a behavioral concern was presented to
school personnel.
Documentation
Request for protection, parent correspondence other appropriate data
B. Preston County Schools would not be deemed to have knowledge if, as a result of receiving the information specified above, the public agency either:
(a) conducted an evaluation and determined the student was not a student with a disability; or
(b) determined that an evaluation was not necessary; and
(c) provided notice which meets the requirements of Section 8.1.1 to the parent of its determination.
Documentation
SAT referral, eligibility committee report, prior notice of decision not to evaluate
b. If a public agency does not have knowledge prior to taking disciplinary measures, the student
may be subjected to the same disciplinary measures as applied to non-disabled students who
engaged in comparable behaviors.
Documentation
Notice of disciplinary actions
c. If a request is made for a multidisciplinary evaluation during the time period in which the
student is subjected to disciplinary measures:
A. the evaluation must be conducted in an expedited manner; and
B. until the evaluation is completed, the student remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
The CASE or designee shall conduct an expedited evaluation and EC meeting in accordance with Sections 3.1 and 4.1 of these procedures.
Documentation
Evaluation reports, EC report, notice of EC/IEP team meeting
d. If the student is determined to be a student with a disability, taking into consideration
information from the evaluation conducted by Preston County Schools and information provided by
the parents, Preston County Schools shall provide special education and related services in accordance
with the provisions of this section and Section 6.1 of these regulations.
The CASE, designee, IEP chair, or onsite administrator shall convene an IEP team to develop a
complete IEP for the student if determined eligible.
Documentation
Notice of EC/IEP team meeting, IEP, parent information
LEGAL REFERENCE:
WV State Board of Education, Policy 2419
ADOPTED: Under review Summer 2000
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