DISCIPLINE

1
DISCIPLINEDUE PROCESS

• 2007 Changes to NYS Special Education Laws and
  Regulations

2
Discipline
3
Due Process Protections for ALL Students

• Suspension 5 school days or less
• - written notice and phone call
• - right to request an informal conference
• Suspension in excess of 5 consecutive school
  days
• - written notice
• - fair hearing with Superintendent
• - alternative education

4
Additional Protections for Students with
Disabilities

• (Suspended/Removed for more than 10 school days
  in a school year)
• Procedural Safeguards Notice to parent
• FAPE (Free Appropriate Public Education)
• Manifestation Determination
• Functional Behavior Assessment / Behavior
  Intervention Plan
• Expedited due process hearing
• Protections for students presumed to have a
  disability including expedited evaluations

5
Pattern of Removals

• Series of suspensions or removals that cumulate
  to more than 10 school days in a school year and
• Students behavior is substantially similar to
  students behavior in previous incidents that
  resulted in the series of removals
• Additional factors (length, total time, proximity
  of suspensions to one another)

6
Pattern of Removals (contd)

• - Determination on a case-by-case basis
• - Subject to due process challenge

7
Functional Behavioral AssessmentsBehavioral
Intervention Plans

• Whenever there is a manifestation determination
  (behavior is related to the students
  disability), CSE must
• Conduct an FBA
• Implement (or review and modify) a BIP).

8
Determining Services and Setting

• (Suspended/Removed for more than 10 school days
  in a school year)
• No disciplinary change in placement school
  personnel in consultation with the students
  teacher
• Disciplinary change in placement the CSE

9
Expedited Impartial Hearings

• No sufficiency challenge
• Resolution session within 7 days
• Resolution period ends at 15 days
• Impartial hearing within 20 school days of date
  complaint filed
• IHO decision within 10 school days after hearing
• No extensions

10
DUE PROCESS
11
Prior Written Notice

• Notice of recommendation
• Prior Written Notice must be on a form prescribed
  by the Commissioner, beginning on January 1, 2009

12
Meeting Notices

• Meeting notice must be on a form prescribed by
  the Commissioner, beginning January 1, 2009

13
Procedural Safeguards Notice

• To parent at least once a year, and upon
• initial referral or parental request for
  evaluation
• first filing of a due process complaint notice to
  request mediation or an impartial hearing
• request by the parent
• whenever there is a disciplinary change in
  placement
• receipt of first State complaint in a school year
  received from a parent
• vesid.nysed.gov/specialed/publications/policy/psgn
  807.pdf

14
Mediation

• Mediator no personal or professional interest
  that conflicts with objectivity
• Repeals that parent and district may be asked to
  sign a confidentiality pledge prior to mediation

15
Due Process Complaint Notice(Sufficiency
Challenge)

• Impartial hearing officer (IHO) must be notified
  within 15 days of receipt of the complaint notice
• No challenge during an expedited impartial
  hearing (discipline issues)

16
Resolution Process

• Steps to ensure parent participation
• Failure of parent to participate
• School may request IHO dismiss parent complaint
  at the conclusion of 30 days
• Parent may request IHO begin hearing if district
  fails to convene meeting within 15 days of
  receipt of complaint

17
Impartial Hearings

• School district request for hearing
• Hearing commences within 14 days after IHO is
  appointed

18
Impartial Hearings (contd)

• Parent request for hearing
• Hearing commences within 14 days after
• Parties waive resolution meeting or
• IHO notified resolution meeting held and no
  agreement reached or
• Expiration of 30 day period unless
• parties agree to continue mediation after 30 day
  resolution period, then hearing begins 14 days
  after either party withdraws from mediation.

19
State Complaint Procedures

• Information required in a complaint
• Party filing complaint must forward a copy to the
  district at same time sent to SED
• District must provide parent with copy of
  Procedural Safeguards Notice upon receipt of
  first State complaint in that school year.
• Timeline to resolve complaint may be extended if
  parties agree to mediation
• Alleged violation occurred within one year
• Remedy may include compensatory services

20
Pendency

• Child transitioning from early intervention (EI)
  to preschool
• District not required to provide EI services
• If found eligible, district must provide those
  services not in dispute between parent and
  district.

21
Surrogate Parents

• For unaccompanied homeless youth
• Appropriate staff of emergency shelters,
  transitional shelters, independent living
  programs and street outreach programs may be
  appointed as temporary surrogate parents until
  another surrogate can be appointed

22
Resources

• http//www.vesid.nysed.gov/specialed/publications/
  policy/psgn807.pdf
• http//www.regents.nysed.gov/2007Meetings/Septembe
  r2007/0907bra5.html
• http//www.vesid.nysed.gov/specialed/publications/
  policy/discipcover.htm
• http//www.vesid.nysed.gov/specialed/publications/
  policy/complaint.pdf