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Discipline

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Program Monitoring - Discipline


Discipline Review Process Timeline:

COMPLETION DATE

ACTION
August 1 Request discipline data run from Data Coordinator
August 15

Letter of notification to district(s) requesting verification of data and explanation of review process

August 15-September 15 Receive data verification information
September 15 Letter of notification for change in status if verification results yield no identification
September 30 DESE reviews analysis of identified district(s) data to determine specifics of onsite visit
October 15 Schedule on-site reviews
October-December 15 Actual on-site reviews
January 31 Finalize reports, forward to Director, Compliance for approval
February 28 Final reports to districts

 

Discipline Review Process (including section procedures):

The reauthorization of IDEA in 2004 required states to develop and submit a State Performance Plan (SPP) on December 2, 2005.  One SPP performance indicator requires states to conduct an annual review of suspension/expulsion data and to report the percent of districts with significant discrepancies in the suspension and expulsion rates of students with disabilities for greater than 10 days in a school year.

To meet the requirements of the SPP, the Division of Special Education (DSE) calculates the rates of discipline incidents for students with disabilities and non-disabled students using district-reported data on Screen 09 of Core Data.  For the purpose of this analysis, discipline incidents include any incident resulting in out of school suspension for more than 10 days as well as multiple short sessions summing to more than 10 days.  Multiple short sessions are counted as a single incident.  For each district with at least five discipline incidents for students with disabilities, the following ratio is calculated:

  • Discipline Incident Rate for Students with Disabilities (Number of incidents for students with disabilities / special education child count) to
  • Discipline Incident Rate for nondisabled Students (Number of incidents for nondisabled students / (enrollment – child count))

Across districts, a mean and standard deviation of the ratios are calculated.  Any ratio greater than the mean plus one standard deviation obtained for two consecutive years is considered a significant discrepancy.   

Using this method, the DSE analyzes all districts in the state during the fall.  The district is identified through the analysis described above as having a significant discrepancy for the discipline rates for students with disabilities when compared with the rate for all students.

A request is made to districts to verify that the data reported on Screen 09 over the specified school years is accurate and complete.  Should you have more specific questions regarding the data that used to identify your district, please contact the Mary Corey, Director, Data Coordination section at 573-751-8165. 

Upon verification of data, the DSE must conduct a review of your district’s policies, procedures, and practices that are used in suspensions and expulsions of students with disabilities for greater than 10 days in a school year.  The district review will include interviews with staff regarding the implementation of policies and practices, a limited student file review, and a collection and review of the district’s policies and procedures that impact suspension and expulsion rates. 

The entire process will consist of the following steps. 

Step 1:  After your verification of data is complete, the Team Leader for this review, a DSE staff person, will contact you to determine dates for the onsite review.  The Team Leader may request discipline policies, student handbooks and/or other items for review prior to the onsite visit, and will also discuss the student file review, interview process and expectations for staff participation. 

Step 2:  A two-person review team will visit your district for one day.  The onsite review will primarily consist of interviews and a limited file review.  Following the review, the team will develop a report of findings. 

Step 3:  DSE staff, in conjunction with the review team, will determine the need for corrective action plans where noncompliance is identified and/or improvement plans where there is need for improvement in processes and practices. The DSE will make the final decision regarding the appropriateness of the district’s policies, procedures and practices and will require corrective action plans and/or improvement plans as necessary. 

Step 4:  Targeted technical assistance will be available through the RPDC Consultants to districts who are required to have corrective action plans and/or improvement plans.  

As the actual district review will likely take place in [month], [year], the Team Leader for your review will contact you directly unless you notify us of an alternate staff member is designated as the main point of contact for this process. 

Discipline Review Report Format:

Summary Report:  Suspension/Expulsion Review

District Name:

County District Code:

Review Date:                                                                                                                                    

[short descriptive paragraph indicating the schools reviewed, number of student files reviewed at each school, file selection based upon identification criteria, and description of who and where district staff interviews were conducted]

Compliance Indicators:

  Short-term Suspensions

   

  Indicator

 Yes/No 

 Explanation 

  300.20 - School personnel may consider any unique circumstances on case-by-case basis when determining whether   a change of placement, consistent with other requirements of this section, is appropriate for a child with a disability:

  300.20.a. - Date on which the decision was made regarding the extent to which the services, if any, were required on     the 11th school day and thereafter and the location in which the services, if any, would be provided

  300.20.b. - Listing of the participants in the decision

  300.20.c. - Results of the decision

 N/A

 N/A

  Long-term Suspensions/Expulsions (Disciplinary Change of Placement

   

  300.30 - Child removed in excess of ten day

  300.30.a. - Documentation is present that the child was removed in excess of ten (10) school days cumulatively or         has been subjected to a series of removals that exceed ten (10) school days cumulatively and school personnel  have determined that those removals constitute a pattern of suspension.

  300.30.b. Documentation is present that within ten (10) school days after any decision to change the placement of a child with a disability because of a violation of a code of student conduct, a manifestation determination was        conducted

 N/A

 N/A

  300.40 - Documentation is present that  the local educational agency, the parent, and relevant members of the IEP       team (as determined by the parent and the LEA):

  300.40.a - Reviewed all relevant information in the student’s file, including:

  300.40.a.(1) - The child’s IEP

  300.40.a.(2) - Any teacher observation

  300.40.a.(3) - Relevant information provided by the parents

  300.40 - Documentation is present that the local educational agency, the parent, and relevant members of the IEP         team (as determined by the parent and the LEA) made a determination of the following:

  300.40.b. - Whether the conduct in question was a manifestation of the child’s disability;

OR

  300.40.c. - Whether the conduct in question was the direct result of the LEA’s failure to implement the IEP.

 N/A

 N/A

  300.50 - Documentation is present that the local educational agency, the parent, and the relevant members of the IEP   team (as determined by the parent and the LEA:

  300.50.a - Found the conduct in questions was not a manifestation of the child’s disability:

AND

  300.50.b. - The conduct in question was not the direct result of the LEA’s failure to implement the IEP.

  Documentation is present that the IEP team:


  300.50.c. - Determined services that would enable the child to:

  300.50.c.(1) - Continue to receive educational services to continue to participate in the general education curriculum,     although in another setting.

  300.50.c.(2) - Progress toward meeting goals is set out in the IEP.

  300.50.c.(3) - Receive, as appropriate, a functional behavioral assessment (FBA) and behavior intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

  300.50.d. - Determined placement.

  300.50.e. - Provided the parent with Prior Written Notice for change of placement.

 N/A

 N/A

  300.60 - Documentation is present that the local educational agency, the parent, and relevant members of the IEP         team:

  300.60.a. - Found the conduct in question was a manifestation of the disability

OR

  300.60.b. - The conduct in question was the direct result of the LEA’s failure to implement the IEP.

  Documentation is present that the IEP team:

  300.60.c. - Conducted a Functional Behavioral Assessment (FBA), unless the LEA had conducted a FBA assessment   before the behavior that resulted in the change of placement occurred

AND

  300.60.d. - Implemented a Behavioral Intervention Plan (BIP) or if a BIP already has been developed, reviewed the BIP    and modified it as necessary to address the behavior.

  Documentation is present that the:

  300.60.e. - Agency returned the child to the placement from which the child was removed,

OR

  300.60.f. - The parent and the LEA agreed to a change of placement as part of the modifications to the Behavior             Intervention Plan (BIP).

 N/A

 

 

 

 

 

 N/A

 

 

 

 

 

Additional Information Gathered During the Review:

  • Are discipline procedures in place?
  • Are alternatives to out of school suspension (OSS) available and being used?
  • Are behavior goals, positive behavioral interventions, and supports considered and addressed by the IEP teams? 
  • What professional development have district staff participated in regarding classroom management, discipline, behavior management, and implementation of BIPs?
  • What supports and resources are provided by the district to address behavior needs? 

Summary of Findings 

Compliance:

Observations about district discipline policies, practices, and procedures that may impact compliance and district data in this area:

Improvement Plan:

Corrective Action Plan (CAP) for Suspension/Expulsion Review:

All non-compliance must be corrected within 12 months from the date of the district's monitoring report.

  1. Develop corrective action activities/strategies to address each indicator (related indicators are listed separately in report), indicating timelines for each activity.
     
  2. Within 30 days from the date of the report, districts must enter a plan for correction of identified noncompliance into the Improvement, Monitoring, Accountability, and Compliance System (IMACS).
     
  3. Upon receipt of this CAP document, DESE will review all activities and issue CAP activity approval. If additional CAP information is required, DESE will contact the district. All CAP communication will be through the IMACS.
     
  4. Upon approval of this CAP, district shall continue to work toward correction of none compliance.
     
  5. Once an activity has been completed, record the completed date in the appropriate field.
     
  6. Once the required evidence of correction becomes available, submit the evidence to DESE and record the date of submission in the appropriate field below.
     
  7. Based on evidence of correction, DESE will approve each indicator for compliance.
     
  8. Once all non-compliance is corrected, the district will be issued a final report notifying the district of the "All Clear" compliance status.