Discipline Task Force Minutes

Friday, August 29, 1997

9:30 - 12:00 noon

Park City School District Office

Attendance: Margaret Lubke, Davale Saley Miller, Rob O'Neill, Ken Reavis, Holly Dixon, Deb Cheney, Sharon Neyme, Diane Dykman, Tom VanGorder, Ann Miller

Organizational Issues

Scheduled three meetings:

Next meeting will be held: Friday, September 12, 1997

12:00 - 2:30 p.m.

Weber School District Office

Contact: Ann Miller

(801) 476-7863

AGENDA

 

Future meetings scheduled:

Tuesday, September 23, 1997

10:00 a.m. - 1:00 p.m.

Park City School District Office

Tom Van Gorder

645-5600 ext 132

 

Friday October 3, 1997

10:00 a.m. - 1:00 p.m.

West Valley City Jr. High

3400 South 3450 West

Salt Lake City

Sharon Neyme, Principal

(801) 964-7630

Reference Materials used during this meeting:

Areas for Discipline Task Force to Address

Discussion

1. The task force wishes to add the following issues to the Areas for Discipline Task Force to Address: Defining the terms "full access to the general curriculum" and defining how a team would ensure that a behavior would "not re-occur"

As an over riding guideline, the task force interpreted the following section as meaning that --Services can never be ceased (italics and boldface type added below for emphasis):

SEC. 612. STATE <<NOTE: 20 USC 1412.>> ELIGIBILITY.

In General.--A State is eligible for assistance under this part for a fiscal year if the State demonstrates to the satisfaction of the Secretary that the State has in effect policies and procedures to ensure that it meets each of the following conditions:

Free appropriate public education.-

In general.--A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school.

3. Based on reading the following section of the statue the following conclusions were reached:

There are three types of violations:
    1. School code violations-behavioral conduct
    2. Safe School Violations (All districts have a safe school policy)
    3. Weapon(s) Violations

Sec. 615 (k) of PROCEDURAL SAFEGUARDS section:

(k) Placement in Alternative Educational Setting.-

(1) Authority of school personnel.-

School personnel under this section may order a change in the placement of a child with a disability-

 

      1. to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives would be applied to children without disabilities); and

        2.  

      2. to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 days if--

 

      1. the child carries a weapon to school or to a school function under the jurisdiction of a State or a local educational agency; or

        2.  

      2. the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of a State or local educational agency.

 

4. The task force decided to first discuss the first type of violation: School code violations.

5. The term "School Personnel" needs to be defined.

The definition of "LOCAL EDUCATIONAL AGENCY" as defined in Sec. 602. (15) was considered as well as the term "Representative of the LEA" as defined in Sec. 614. (d)(1)(B)(iv)

 

(iv) a representative of the local educational agency who--

 
      1. is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
      2. is knowledgeable about the general curriculum; and
      3. is knowledgeable about the availability of resources of the local educational agency;

This definition is changed from the old law.

The task force decided that "School Personnel" should be defined as "a school district or building administrator" because there was great concern regarding the need to limit who can suspend students or "order" placement changes.

6. The term "may order" was interpreted as meaning that the school personnel could unilaterally order a change in placement (for not more than 10 school days)-The IEP team doesn't have to hold an IEP meeting.

7. The definition of 10 days was discussed in terms of whether it should be 10 "cumulative" days or if a student could be suspended multiple times for 10 days. Most district policies allow the suspension of a student in regular education for 10 days multiple times. The task force felt that because of the provision in Sec. 615. (k)(1) (B) requiring the IEP team to meet, that we no longer need to define the 10 days as "cumulative".

 

(B) Either before or not later than 10 days after taking a disciplinary action described in subparagraph (A)--

 
      1. if the local educational agency did not conduct a functional behavioral assessment and implement a behavioral intervention plan for such child before the behavior that resulted in the suspension described in subparagraph (A), the agency shall convene an IEP meeting to develop an assessment plan to address that behavior; or

        2.  

      2. if the child already has a behavioral intervention plan, the IEP Team shall review the plan and modify it, as necessary, to address the behavior.

8. The task force interpreted the terminology "assessment plan to address that behavior;" (see above) to mean a behavioral intervention plan not an "assessment plan".

9. The task force started to discuss the second two types of violations

 

    1. Safe School Violations (All districts have a safe school policy)
    2. Weapon(s) Violations

10. The task force indicated that the provision in Sec. 615. (k)(1)(A)(ii) "for the same amount of time that a child without a disability would be subject to discipline," (see above) to be dependent on school district policy (see above for complete paragraph). Also the task force that the Jeffers Amendment and Gun-Free School legislation must be considered in these cases. [Note: This issue will probably warrant further discussion.]

11. The task force then briefly discussed the term "others" in Sec.615.(k)(2) (below)

 

(2) AUTHORITY OF HEARING OFFICER.--A hearing officer under this section may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 days if the hearing officer--

 

(A) determines that the public agency has demonstrated by substantial evidence that maintaining the current placement of such child is substantially likely to result in injury to the child or to others;

 

The question was raised-could "others" be interpreted as meaning "property"? This issue will need further discussion.

The phrase "likely to result" was also discussed but no decisions were made regarding the interpretation of the phrase.

12. The task force also discussed some procedural recommendations that included:

 
  1. A discussion of a draft flow chart developed by district directors for handling incidents,
  2. A guiding principle-"Zero tolerance doesn't mean zero common sense" and
  3. A terminology recommendation-"Use terms like "move" or "change" [placement] rather than using the term "suspension".

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