This seminar is designed for special needs directors, principals, school social workers, guidance counselors, teachers, case managers, social workers, superintendents, psychologists and attorneys.
School administrators, special education administrators and teachers, and anyone who represents school districts or students with special needs and their parents should attend this seminar on Discipline of Students with Special Needs. The discipline of students with special needs is governed by a complex set of federal and state laws and regulations that impose numerous legal requirements on school districts. These requirements apply both at the time disciplinary action is called for and before disciplinary action becomes necessary.
Participants attending this seminar will develop a better understanding of the current laws that pertain to discipline of students with special needs, what these laws require, the steps that must be followed to ensure legal compliance, and the pitfalls that can get in the way of achieving legal compliance when disciplining a student with special needs.
9:00 a.m. - 10:00 a.m.
I. IDEA And Section 504 Overview
A. Who Is A Child With A Disability?
2. Section 504
B. What Are The Similarities And Differences Between Section 504 And The IDEA?
1. Discipline Procedures?
C. An Overview Of The Reauthorization Of The IDEA?
10:00 a.m. - 11:00 a.m.
II. Disciplining Students With Special Needs
Under The IDEA
A. Overview Of Elements Of Discipline Process For Students With Special Needs Under The IDEA
1. SELPA Local Plan For Behavioral Intervention
2. IEP/Behavior Intervention Plan For Student
3. Behavior By Student That Qualifies For Disciplinary Action Under State Or District Laws, Regulations, Or Policies
4. Functional Behavior Assessment
5. IEP Team Meeting
6. Manifestation Determination
7. Development Or Modification Of Behavioral Intervention Plan, Or
8. Offer Of Interim Alternative Educational Setting/Placement
9. Expedited Due Process Hearing
10. Stay-Put And Honig v. Doe Injunction
B. Change In California Law To Follow Federal Law
C. Honig v. Doe Restraining Order – What Is It And Current Status Of Action Since Change In California Law, Plus Other Law Available To School Districts With Respect To Dangerous Students With Special Needs
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:15 p.m.
III. Privacy Issues In Special Education: A
1. Brief Overview
a. What Is An Educational Record?
b. How Do FERPA And Idea Work Together?
c. What Role Does FERPA Play In The Transmission Of Students With Disabilities’ Student Disciplinary Records?
B. HIPAA: Health Insurance Portability And Accountability Act
1. Brief Overview
2. How HIPAA Plays A Role In Student Records And Educational Placement Of Students With Disabilities
3. Whether The Transmission Of Student’s With Disabilities’ Student Disciplinary Records May Be Covered Under HIPAA
C. State Law And The Transmission Of Student Records I.E. Disciplinary Records
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
IV. Behavioral Intervention And Support
Plans – SELPA Local Plan And Student’s
A. Required Provisions In SELPA Local Plan
B. Rules For Developing Behavioral Intervention And Support Plans For Individual Students
C. What Actions Are Allowed
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 3:30 p.m.
V. When Behavioral Intervention And
Support Plans Fail Or Have Not Been
A. Suspension – What Is Allowed And For How Long
B. Expulsion – What Must Be Done
1. IEP Team Meeting
2. Functional Behavioral Assessment
3. Manifestation Determination
4. Behavioral Intervention Plan – Develop Or Modify, Or
5. Offer Of Interim Alternative Educational Setting/Placement
6. Expedited Due Process Hearing, If Parents Do Not Agree
7. Stay-Put Or Honig v. Doe Injunction
3:30 p.m. - 4:15 p.m.
VI. Conflict Resolution
A. An Analysis Of Possible Mistakes To Avoid For Professionals And Parents Involved In Special Education
1. A Brief Review Of Individual Liability: Goleta Union Elementary Sch. Dist. v. Ordway
2. Administrative Remedies: Behavior Policies As A Preventative Measure
4:15 p.m. - 4:30 p.m.
VII. Questions And Answers