Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

MI Fed. Law Discipline

No description
by

Brooke Harris

on 22 April 2010

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of MI Fed. Law Discipline


School personnel under this section may remove a child with a
disability who violates a code of student conduct from his or her
current placement to an appropriate interim alternative educational
setting, another setting, or suspension,
for not more than 10 consecutive school days During any subsequent days of removal the public agency must provide the following services* :
Continue to receive educational services, 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
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.
*may be provided in an interim alternative educational setting For disciplinary changes in placement that would exceed 10 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, 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.
Manifestation Determiniation Review (MDR) must be held whenever a district proposes a change of placement and it must occur within 10 school days. Because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child’s IEP Team must review all relevant information in the student’s file
including the child’s IEP
any teacher observations
any relevant information provided by the parents
to determine—
If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability
If the conduct in question was the direct result of the LEA’s failure to implement the IEP.
Manifestation determination State guidelines for disciplining students with disabilities The IEP Team must:
Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred
Implement a behavioral intervention plan for the child
If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior
Return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.
Determination that behavior was a manifestation Special circumstances_

School personnel may remove a student to an interim
alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child—
(1) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA;
(2) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or
(3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA.
___________________________________________________________________

MICHIGAN MANDATORY EXPULSION
If a student:
Possesses a weapon (firearm, dirk. dagger, stiletto,, iron bar, knife with a blade over three inches, pocket knife opened by a mechanical device brass knuckles, any weapon which will or is designed or may readily converted to expel a projectile by the action of an explosive, the frame or received of any such weapon, any firearm muffler or firearm silencer or any destructive device)
Commits arson in a school bulding or on school grounds
Commits criminal sexual conduct in a school building or on school grounds

the school board, shall expel the pupil from the district permanently

*the district must then follow procedures for a change of placement to ensure FAPE
Determination of Setting:
The child’s IEP Team determines the interim alternative educational setting for services under IDEA
If a student commits a crime that requires law enforcement to get involved,
the student can be charged. Their school records, such as IEP and teacher
observations, can and should be sent to the court to be considered in
their sentencing. CHANGE of Placement:

Occurs if—
The removal is for more than 10 consecutive school days
The child has been subjected to a series of removals that constitute a pattern
Because the series of removals total more than 10 school days in a school year
Because the child’s behavior is substantially similar to the child’s behavior in previous
incidents that resulted in the series of removals
Because of such additional factors 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.
Federal Law vs. Michigan Law Actually, there are not many differences between the two But, here are regulations specific to Michigan:
Federal regulations use the term "removal" while most districts
in Michigan use the terms "suspension" and expulsion"
LEAs must develop and implement a code of student conduct
and enforce the provisions of that code regarding misconduct
Under MI law, if a teacher has good reason to believe that a student's
conduct in a class or activity constitutes conduct for which the student may
be suspended, the tsudent may be suspended up to 1 full day of school-
SNAP SUPSENSION Michigan Laws are noted by the following two ways:
R340 with the following numbers indicating the subsection
MCL §380 with the following numbers indicating the subsection LEA: Local Educational Agencies
FBA: Functional Behavior Assessment
BIP: Behavior Intervention Plan
IAES: Interim Alternative Educational Placements Provisions of FAPE/IAES:
Continue to receive educational services so as to enable the student to continue to participate in the general education curriculum
Progress toward meeting goals set out in the student's IEP
Receive a FBA/BIP
Must continue to be invidivualized
SCENARIO 1: Student is involved in a fight. District suspends for 3 consecutive days.
There are no previous removals. The district provides general education protections
Since no previous removals exist, the student completes disciplinary removals of 3 days and returns to previous placement. SCENARIO 2: Student is involved in a fight. District suspends for more than
10 consecutive days. There are no previous removals.
District Must:
Provide general education protections
Count Previous removals if any exist
Hold a MDR within 10 school days of the decision

MDR decides yes:
Student returns to previous placement
Initiates a FBA/BIP
Takes steps to rmedy any deficiencies in the implementation of the current IEP

MDR decides no:
Uses general discipline proecedures and provide educational services on the 11th day in an alternative setting
Setting/services are determined by the IEP team
Inititate an FBA/BIP or review existing ones SCENARIO 3 Student is involved in a fight. Student already has 2 removals for
6 cumulative days. District suspends for 6 days. District must:
Provide general education protections
Count the number of days student has been suspended
Plan for 11th day services
determine if the three removals establish a pattern

Yes, there is a pattern:
Conduct an MDR within 10 school days of a decision to change placement
Provide FAPE for the 11th day

No, there is not a pattern:
No MDR
general education discipline
Provide FAPE on 11th day SCENARIO 4 Student is found with illegal drugs at school. District suspends for 90 days. District must:
Provide general education protections
Invoke procedures specific to students with a disability
School personnel determine a change of placement to an IAES
District convenes an IEP team meeting to determine the appropriate setting for the IAES for 45 days
Conduct an MDR within 10 days of 1st day of decision to change the placement

MDR yes:
Initiate or review FBA/BIP
District may decide the student returns to the placement prior to the 45 days or the student may remain in the IAES for the remainder of the 45 school days

MDR no:
Initiate/ review FBA/BIP
Student may remain in IAES for up to 45 school days
May impose discipline for as long as they would for a student without disabilities
District must provide services for the length of the discipline removal that goes beyond the 45 school days


Full transcript