Rethinking Discipline Special Education Considerations EXPLORING TOPICS RELATED

Rethinking Discipline: Special Education Considerations EXPLORING TOPICS RELATED TO EQUITY IN GRADUATION SUCCESS KEFI ANDERSEN – OSPI GRADUATION EQUITY PROGRAM SUPERVISOR SCOTT RAUB – OSPI SPECIAL EDUCATION PARENT & COMMUNITY LIAISON

Superintendent Reykdal’s K-12 Education Vision “The goal of our education system is to prepare all of our students for postsecondary aspirations, careers, and life. ” 11/22/2020 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 2

Measures of Success • Increase four- and five-year high school graduation rates • Increase enrollment and completion rates and decrease remediation rates in post-secondary training and education Measuring Success Performance Indicators We must help students: • • Enter kindergarten with expected skills in all six areas identified by the Washington Kindergarten Inventory of Developing Skills (Wa. KIDS). Meet standard on the 3 rd-, 8 th-, and 11 th-grade statewide English language arts (ELA) and math assessments, and the 8 th-grade statewide science assessment. Grow toward proficiency in ELA and math, as determined by Student Growth Percentiles, in 4 th and 6 th grades. Enroll in Algebra I/Integrated Math I by the end of 8 th or 9 th grade and earn high school credit. Enroll in college-level courses and earn dual credit. Take the SAT and ACT and earn college-ready scores. Access financial aid for post-secondary learning. We must help students avoid: • • • 9 th-grade course failure. Suspensions and expulsions. Chronic absenteeism. 3

Questions & Polling What are you most interested in learning about today? A. Discipline Themes B. Building the system C. Practical advice for implementing a systems change D. Resources to support my discipline work E. New legislative rules F. Other Question | CC 0 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 4

Today’s Topic • Reviewing special education considerations for student discipline and implementing Multi-Tiered Systems of Support (MTSS) OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 http: //k 12. wa. us/MTSS/default. aspx 5

Themes for Supporting Positive Behavior Restorative Practices Define, teach and recognize behavior expectations ACES Trauma Informed Multi-tiered framework: for programmatic response to barriers Proactive, positive, personalized outreach Monitor data frequently to catch kids early Positive School Climate: Parents are key partners and students are engaged Positive Behavior Lower Suspensions and Disciplinary Referrals Strategic Community Partnerships OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 6

Common Misconceptions Multi-Tiered Systems of Support (MTSS) using positive behavioral interventions and supports (PBIS) are not a substitute for Specially Designed Instruction (SDI) or special education related services. School districts have an affirmative duty to locate, identify, and evaluate students who may be in need of special education services (i. e. , “child find”). OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 7

Battle Ground Example 11/22/2020 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 8

Eligibility for Special Education Students determined eligible for special education services must meet all three of the following criteria: ◦ The student must have a disability or disabilities. ◦ The student's disability/disabilities adversely affect educational performance. ◦ The student’s unique needs cannot be addressed through education in general education classes alone – with or without individual accommodations and requires specially designed instruction (SDI). Parents, school personnel, school district staff, or other persons with knowledge about a student may make a referral requesting that the student be evaluated to determine eligibility for special education. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 9

Specially Designed Instruction Specially designed instruction is a set of organized and planned instructional activities which adapt, as appropriate, the content, methodology, or delivery of instruction to address the unique needs that result from a student’s disability. (WAC 392 -172 A-01175) OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 10

Special education’s role OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 11

Special Education may also include… ◦ Related Services ◦ Supplementary Aids and Services ◦ Accommodations and Modifications MTSS/PBIS teams and buildings should be aware of students eligible for special education who need accommodations or modifications within the general education setting in order to participate. RTI or other general education interventions are not a substitute for specially designed instruction and should not be used to delay a referral and possible evaluation for special education services. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 12

Questions & Polling Does a student have to be identified with an emotional/behavioral disability in order to receive SDI for behavior? A. Yes B. No Question | CC 0 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 13

Individualized Education Program An Individualized Education Program (IEP) is a written statement for a student eligible for special education that describes the amount of time that a student will spend receiving special education, any related services your student will receive, and the academic/behavioral goals and expectations for the year. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 14

Individualized Education Program IEP teams must also consider special factors unique to a student eligible for special education: ◦ This discussion includes considering the use of positive behavioral interventions and supports, to address behavior, in the case of a student whose behavior impedes the student's learning or that of others. ◦ Any eligible student can receive SDI for behavior and/or have a Behavioral Intervention Plan (BIP) included in their IEP, regardless of their eligibility category, if determined necessary by the IEP team. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 15

WAC 392 -172 A-03105(3)(a) Each school district must ensure that a student’s IEP is accessible to each general education teacher, special education teacher, related service provider, and any other service provider who is responsible for its implementation. WAC 392 -172 A-03105(3)(a) OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 16

Battle Ground Example 11/22/2020 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 17

Behavioral Intervention Plan A behavioral intervention plan (BIP) is a plan incorporated into a student’s IEP if determined necessary by the IEP team. The BIP, at minimum, must describe: 1. The pattern of behavior(s) that impedes the student’s learning or the learning of others; 2. The instructional and/or environmental conditions or circumstances that contribute to the pattern of behavior(s) being addressed by the IEP team; OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 18

Behavioral Intervention Plan The BIP, at minimum, must describe: 3. The positive behavioral interventions and supports to: a) reduce the pattern of behavior(s) that impedes your student’s learning or the learning of others and increases the desired prosocial behaviors; and b) ensure that the consistency of the implementation of the positive behavioral interventions across all of the student’s school-sponsored instruction or activities; 4. The skills that will be taught to the student and monitored by the school district as alternatives to the pattern of challenging behavior(s) identified. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 19

Key Special Education Considerations Multi-Tiered Systems of Support (MTSS) using positive behavioral interventions and supports (PBIS) are not a substitute for Specially Designed Instruction (SDI) or special education related services. Students eligible for special education may have a BIP. School personnel may consider any unique circumstances on a case-by-case basis when determining whether disciplinary action is appropriate for a student eligible for special education services who violates a code of student conduct. 20

Questions & Polling Can a student eligible for special education be suspended/expelled for more than 10 days within a school year? A. Yes B. No C. Maybe Question | CC 0 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 21

Discipline: Two Processes to Consider GENERAL EDUCATION: General education discipline process, following the rules and procedures to address whether the student actually engaged in the misconduct, including any decisions about the length and type of removal. SPECIAL EDUCATION: Special education discipline rules and procedures to make decisions about whether a student will be removed from her/his current special education placement, and if so, the services that will be provided to the student. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 22

General Education Discipline Rule Making 23

Special Education Discipline Procedures School personnel may consider any unique circumstances on a case-by-case basis when determining whether disciplinary action is appropriate for a student eligible for special education services who violates a code of student conduct. Students eligible for special education, in general, may not be removed from their educational placement for more than 10 school days in a row or be subjected to a series of removals that total more than 10 school days in a year. Removals of 10 days or more are considered to be a change of placement. 24

Special Education Discipline Flowchart Special Education Decision Making Process 11/22/2020 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 25

Special Education Discipline Tips If a student eligible for special education is being suspended/expelled for 10 consecutive days or more, or has been removed for more than 10 days within a school year, then a Manifestation Determination meeting likely needs to occur. Consult your district special education office for guidance. ◦ Do not forget that days a student is removed for an emergency expulsion count towards the 10 -day limit for removals. ◦ Do not forget that sending a student home early from school or reducing a student’s school day (without IEP team authorization), is considered a suspension under state general education rules (WAC Chapter 392 -200). 26

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Contact Scott Raub 360 -725 -6075 scott. raub@k 12. wa. us OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 28

Creative Commons Images Used Except where otherwise noted, this work by the Office of Superintendent of Public Instruction is licensed under a Creative Commons 4. 0 International License. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 11/22/2020 29