Attendance: Deb Cheney, Holly Dixon, Marilyn Likins, Margaret Lubke, Ann Miller, Davalee Miller, Dan Morgan, Sharon Neyme, Rob O'Neill, Sam Ray, Ken Reavis, Mae Taylor-Sweeten

• Make a list of terms that need to be used consistently in draft regulations
• Subject Index to Federal Regulations
• List of behavioral interventions to use in disciplining students for school building administrators
• Summarize our recommended changes of the P.L. 105-17 in bullet form with references.

P.L. 105-17 Draft regulations

1. Ann Miller shared a graphic that she uses with School Personnel:
2. The Task Force recommends to OSEP the need to use consistent terms throughout the draft regulations. Such terms include:

1. Sam Ray requested that a more helpful index to the federal regulations be developed. He also indicated that it would be helpful if school building administrators were provided with an easy to use list of options to use in disciplining students.
2. Ken Reavis recommended that school personnel focus on maintaining a Prudent, Person, Posture when disciplining students.
3. Some discussion was held regarding the implications of 300.346(a)(2) (Development, review, and revision of IEP):

 

(2) Consideration of special factors. The IEP team also shall--

(i) In the case of a child whose behavior impedes his or her

learning or that of others, consider, if appropriate, strategies,

including positive behavioral interventions, strategies, and supports

to address that behavior;

 

4. Concern was expressed in regard to Note #1 attached to 300.520 (Authority of school personnel) which seems to change the meaning of the section itself in terms of whether suspension days are cumulative or not.

 

Note 1: Removing a child with disabilities from the child's

current educational placement for not more than 10 school days does

not constitute a change of placement under the Part B regulation. A

series of removals from a child's current educational placement in a

school year each of which is less than 10 school days but cumulate

to more than 10 school days in a school year may constitute a change

in placement, if, in any given case, factors such as the length of

each removal, the total amount of time that the child is removed,

and the proximity of the removals to one another, lead to the

conclusion that the child has been excluded from the current

placement to such an extent that there has been a change of

placement.

 

5. Rob O'Neill indicated that he felt districts will need clarification regarding the requirement in 300.529 (Referral to and action by law enforcement and judicial authorities):

 

(a) Nothing in this part prohibits an agency from reporting a crime

committed by a child with a disability to appropriate authorities or to

prevent State law enforcement and judicial authorities from exercising

their responsibilities with regard to the application of Federal and

State law to crimes committed by a child with a disability.

(b) An agency reporting a crime committed by a child with a

disability shall ensure that copies of the special education and

disciplinary records of the child are transmitted for consideration by

the appropriate authorities to whom it reports the crime.

 

(Authority: 20 U.S.C. 1415(k)(9))

 

6. In regard to the Discipline section of the Utah User's Manual . Dan Morgan clarified that the document would include guidelines but would not be mandatory.
7. Concern was expressed regarding the "reduced paperwork" goal of P.L.. 105-17 and the fact that in many ways it seems that the amount of paperwork has infact been increased.
8. A brief discussion was held in regard to the content of the Utah Rules. Many people are interested in just adopting the federal regulations. This topic will be discussed at the Planning Committee meeting tomorrow.
9. Revising the LRBI manual was discussed. It appears that most people think we should keep LRBI as a part of the Utah Rules.
10. Ken Reavis suggested that we summarize our recommended changes of the P.L. 105-17 in bullet form with references.

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