Chapter 8.2: Code of Conduct Violations: Short Term Removals - Not a Change of Placement

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    SPP 4:
    Rates of suspension/expulsion:
    A: Percent of districts identified by the State as having a significant discrepancy in the rate of suspensions and expulsions of children with disabilities for greater than 10 days in a school year; and
    B: Percent of districts identified by the State as having a significant discrepancy in the rates of suspensions and expulsions of greater than 10 days in a school year of children with disabilities by race and ethnicity. (20.U.S.C. 1416 (a)(3)(A); 1412(a)(22)) (Significant discrepancies in discipline rates are those in which the rates of suspensions and expulsions for children with disabilities exceed those for typical children by at least one percent.)

    Intent:

    To ensure that a child with a disability will receive appropriate educational services if removed from school for a code of conduct violations for more than 10 cumulative school days in a school year.

    Timelines:

    • Notify parents: Not later than the day the decision is made to suspend a child.
    • Determine and provide services: Beginning on the 11th cumulative day of removal in a school year.
    • If necessary, review and modify existing behavior intervention plan (BIP).
    • If necessary, conduct a functional behavior assessment (FBA) and develop a BIP.

    REQUIREMENT

    3301-51-05
    (K) Conflict resolution
    (20) Authority of school personnel
    (b) General

    (i) School personnel under this rule may remove a child with a disability who violates a code of student conduct from the child's current placement to an appropriate interim alternative setting, another setting , or suspension for not more that ten consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than ten consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under paragraph (K)(26) of this rule.

    (ii) After a child with a disability has been removed from the child’s current placement for ten school days in the same school year, during any subsequent days of removal the school district must provide services to the extent required under paragraph (K)(20)(d) of this rule.

    (c) Additional authority
    For disciplinary changes in placement that would exceed ten consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability pursuant to paragraph (K)(20)(e) of this rule, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in paragraph (K)(20)(d) of this rule.

    ORC 3313.66 Suspension, expulsion or permanent exclusion – removal from curricular or extracurricular activities.

    (A) Except as provided under division (B)(2) of this section, the superintendent of schools of a city, exempted village, or local school district, or the principal of a public school may suspend a child from school for not more than ten school days. The board of education of a city, exempted village, or local school district may adopt a policy granting assistant principals and other administrators the authority to suspend a child from school for a period of time as specified in the policy of the board of education, not to exceed ten school days. If at the time a suspension is imposed there are fewer than ten school days remaining in the school year in which the incident that gives rise to the suspension takes place, the superintendent may apply any remaining part or all of the period of the suspension to the following school year. Except in the case of a child given an in-school suspension, no child shall be suspended unless prior to the suspension such superintendent or principal does both of the following:

    (1) Gives the child written notice of the intention to suspend the child and the reasons for the intended suspension and, if the proposed suspension is based on a violation listed in division (A) of section 3313.662 of the Revised Code and if the pupil is sixteen years of age or older, include in the notice a statement that the superintendent may seek to permanently exclude the child if the child is convicted of or adjudicated a delinquent child for that violation;
    (2) Provides the child an opportunity to appear at an informal hearing before the principal, assistant principal, superintendent, or superintendent’s designee and challenge the reason for the intended suspension or otherwise to explain the child’s actions.

    GUIDANCE

    Child with a disability who violates a code of student conduct

    The school district follows the standard disciplinary procedures that are applicable to all children:

    • Give the child written notice of the intention to suspend and reasons for suspension; and
    • Provide the child an opportunity to appear at an informal hearing.

    Give the child’s special education and disciplinary records to the person making the decision about the disciplinary action.

    • The superintendent designates this person. The designee may be the superintendent, building principal or other administrative personnel.
    • Applicable records include the child’s current IEP; evaluation team report (ETR); behavior intervention plan (BIP) if applicable; functional behavior assessment (FBA) if applicable; office disciplinary reports and a reporting of the total number of days of removal.
    • Consider all relevant information regarding the child’s behavior, including any information in the child’s IEP. Review the child’s previous behaviors to determine whether the behaviors taken cumulatively are substantially similar. Make each decision on a case-by-case basis.

    The [discipline] requirements do not permit using repeated disciplinary removals of ten school days or less as a means of avoiding the change of placement options (Federal Register, August 14, 2006 pg. 46715).

    Services are NOT required to be provided during the first ten cumulative days in a school year unless children without disabilities are provided services.

    Short term removals of not more than 10 cumulative school days in a school year may be used for children with disabilities without the provision of services unless children without disabilities are provided services.

    In-school suspensions/alternative in-school settings
    Removing a child from his or her assigned classroom for inappropriate behavior may constitute a removal. In-school suspensions are not counted if the child:

    • Is given the opportunity to continue to make appropriate progress in the general curriculum; and
    • Continues to receive the services designated on the IEP.

    However, if a child is removed from his or her current setting for part of a school day and is NOT afforded the above benefits, the partial removals count toward the 10 cumulative school days. Any partial day of removal counts as a full day for the purposes of the cumulative ten-day rule.

    Transportation as a related service on the IEP
    If transportation is included as a related service on the child’s IEP and transportation is not being provided due to disciplinary removal(s), the child’s IEP is no longer being implemented and the total number of days missed in instruction must be counted in the cumulative 10 days of removal.

    If the child is transported to his or her special services or programs by other means (e.g., school reimbursement transportation by parents or relative, or by taxi, van or contracted services paid for by the school), then the day(s) would not count towards the cumulative 10-day total.

    Transportation not as a related service on the IEP
    If the child is removed from regular transportation, i.e., transportation is NOT listed as a related service on the child's IEP, and services are interrupted because the child is not able to attend school, this may be a denial of a free appropriate public education (FAPE). The district does not count those days toward the 10 cumulative days of removal. The child's IEP team will need to determine if the child is being denied FAPE and if they can take appropriate stemps to ensure that the child is provided FAPE.

    Districts should consider whether the behavior on the bus is similar to behavior in a classroom that is addressed in an IEP and whether the child’s behavior on the bus should be addressed in the IEP or a BIP for the child (Federal Register, August 14, 2006 pg. 46715).

    REQUIREMENT

    3301-51-05
    (K) Conflict resolution
    (20) Authority of school personnel
    (d) Services

    (iv) After a child with a disability has been removed from the child’s current placement for ten school days in the same school year, if the current removal is for not more than ten consecutive school days and is not a change of placement, school personnel, in consultation with one of the child’s teachers, determine the extent to which services are needed, as provided in rule 3301-51-02 of the Administrative Code, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.

    3301-51-05
    (K) Conflict resolution
    (20) Authority of school personnel
    (a) Case-by-case determination

    School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement consistent with the disciplinary provisions of IDEA, is appropriate for a child with a disability who violates a code of student conduct.

    3301-51-05
    (K) Conflict resolution
    (20) Authority of school personnel
    (d) Services

    (i) A child with a disability who is removed from the child’s current placement pursuant to paragraphs (K)(20)(C) or (K)(20)(g) of this rule must:

    (a) Continue to receive educational services, as provided in rule 3301-51-02 of the Administrative Code, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and
    (b) Receive as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

    GUIDANCE

    Additional short-term removals beyond 10 cumulative schools days

    • Any removal or series of removals of more than 10 cumulative school days in the same school year, or a series of removals that suggest a pattern and are considered to be a change in placement, require the school district to provide services to enable the child to continue to participate in the general curriculum, although in another setting, and to make progress toward meeting the goals set out in the child's IEP.
    • In order to ensure FAPE, school personnel consult with one of the child’s teachers who is knowledgeable of his or her IEP, or the IEP team, to determine services. Services must begin on the 11thcumulative day of removal in a school year.
    • Services must be provided to enable the child to continue to make progress in the general curriculum and to progress toward meeting the goals on his or her IEP.

    To determine that these additional removals constitute a change of placement:

    • School personnel must decide if additional removals constitute a change of placement. Is this additional removal appropriate?
    • School district personnel review the child’s previous behaviors to determine whether the behaviors taken cumulatively are substantially similar. This decision is made on a case-by-case basis. Relevant information is considered regarding the child’s behavior, including the child’s IEP. To make this decision, school personnel take into consideration the following questions:
      • Have factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another been considered?
      • Were the behaviors resulting in the initial 10 days of removal related to the child’s disability?
      • Were a functional behavior assessment (FBA) and behavior intervention plan (BIP) conducted and in place?
      • If the child's behavior impedes his or her learning or the learning of others, are there behavioral goals in the child's IEP?
      • If so, was the IEP implemented?
      • Are the code of conduct violations substantially similar? Do they constitute a pattern?
      • Has a review of discipline referrals for the past and present school years been conducted to identify any similarities?

    Case-by-case determination

    School personnel also consider any unique circumstances which could include factors such as:

    • The child's disciplinary history;
    • The child's ability to understand consequences;
    • The child's expression of remorse; and
    • Supports provided or not provided the child with a disability before the violation of a code of conduct.

    If it is determined that the short term removal IS a change of placement, refer to Discipline - 8.3 Change of Placement.

    If it is determined that the short term removal IS NOT a change of placement, continue reading this section.

    Services

    • Any removal or series of removals of more than 10 cumulative school days in the same school year, or a series of removals that suggest a pattern and are considered to be a change in placement, require the school district to provide services to enable the child to continue to participate in the general curriculum, although in another setting, and to make progress toward meeting the goals set out in the child's IEP.
    • In order to ensure FAPE, school personnel consult with one of the child's teachers who is knowledgeable of his or her IEP, or the IEP team, to determine services.
    • Services begin on the 11th cumulative day of removal in a school year.
    • Services must be provided to enable the child to continue to make progress in the general curriculum and progress toward meeting the goals on his or her IEP.

    Functional behavior assessment (FBA)/behavior intervention plan (BIP)
    Short term removals from school may indicate the need for an FBA as well as behavioral intervention services and modifications to address the behavior, so that it does not recur.

     

Last Modified: 7/10/2013 1:14:33 PM