WASHINGTON -- Schools can no longer drop educational services for special education students while they are suspended from school for violent incidents, under new regulations approved this spring for the 1997 Individuals with Disabilities Education Act. This may become a difficult issue for schools that do not have the resources to continue educating a student in an "alternative setting," as prescribed by the law, American Institutes of Research Senior Research Scientist Mary Magee Quinn says.
Outlining the new rules during the American Federation of Teachers' QuEST '99 Conference, Quinn noted the rules require a school district to continue educating a suspended student in an alternative setting if the suspension lasts longer than 10 days. The students must get all services required for them to continue progressing under their individualized education plans, and any therapies prescribed in the IEP must also be provided as scheduled, the rules state.
The continuation of services rule, as well as several other complexities in the new regulations, helped draw dozens of teachers and other faculty members to hear Quinn speak at the four-day teachers' conference. As deputy director of the Center for Effective Collaboration and Practice, Quinn and her staff have studied the new regulations and consulted with government officials and attorneys to clarify the new rules and help school districts implement the changes. The center also offers extensive information about IDEA '97 and other special education issues on its Internet site: www.air-dc.org/cecp/.
Defining the Problem
Among other confusing issues: determining whether the student's conduct is a manifestation of his or her disability and whether the conduct is part of a larger pattern. For the purposes of determining how a school district can discipline special ed. students who exhibit violent behavior, those questions can determine whether the student is treated like a mainstream student or one who is not accountable for his or her actions. For example, if the student's action is deemed not a manifestation of his or her disability, the student can be suspended for as long as school policy says a general ed. student would be suspended. The difference, however, is the special ed. student must receive educational services after the first 10 days of the suspension.
If the student frequently or repeatedly breaks rules, even if they seem like different rules and separate incidents, the student may be exhibiting a pattern of behavior that calls for a change in his or her IEP, Quinn noted. One red flag that could indicate such a pattern is the repeated suspension of the student. While special ed. students may be repeatedly suspended for up to 10 days at a time for various rule violations, they must be reevaluated if those suspensions constitute a pattern of behavior.
Getting to the Root of the Problem
If a special ed. student is removed for more than 10 cumulative days from school, a functional behavioral assessment must be conducted, according to the law. However, IDEA does not specify what the assessment should be, Quinn said. CECP offers what it calls "best practices" or guidelines to reevaluating students. Quinn also argued IEP teams should take the assessments seriously rather than consider it another mandatory set of forms to fill out to keep a child in school. "If you have to do a functional assessment, you might as well do it to the point where you are actually going to get information you can use from it," she told the teachers. "It's a long process, but it does yield very good information that will make your lives as teachers infinitely easier."
In addition to continuing services for suspended special ed. students and reassessing whether their IEPs are appropriate and effective, Quinn said the law requires IEP teams to add a behavioral intervention plan to students' IEPs if they do not already have them. Before IDEA '97, only 8 percent of students with behavioral problems had such intervention plans in place, she said. The intervention plan should be based on conclusions the IEP team draws from the functional behavioral assessment, Quinn said, and should incorporate other people and settings in the child's life besides school. For example, she said, families, peer support programs, speech and language therapists and community agencies, such as religious or community programs, can all reinforce the positive behaviors the IEP team is trying to teach a child.8
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3:35 AM
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| AAD AAT ABA ABD ABE AC ACROS ACT AD ADA ADC ADD ADHD ADL ADM ADR ADVOC-NET AEA AEP AFDC AFS AG AHSD AI AIDS AIT ALO ALS AMD AP APD APE APPE ARD ARP ASC ASD ASDO ASL AT ATC ATCP AU AUT AVTI AYP | adaptive assistive devices advanced academic training applied behavior analysis antisocial behavior disorders adult basic education alternative certification automated cross referencing occupational system American College Testing attachment disorder Americans with Disabilities Act; average daily attendance aid to dependent children attention deficit disorder attention deficit with hyperactivity disorder activities of daily living average daily membership alternative dispute resolution adult vocational network acquired eleptiform aphasia (Landau-Kleffner syndrome) alternative education placement aid to families with dependent children adult and family services annual goal adult high school diploma auditorily impaired acquired immune deficiency syndrome Agency for Instructional Technology alternative learning options advanced life support alternative mobility device advanced placement antisocial personality disorder; auditory processing disorder adaptive physical education average per pupil expenditure admission, review, and dismissal [committee] advisory review panel advanced study center autism spectrum disorder alternative service delivery options American Sign Language assistive technology area technical center; alternative teacher certification alternative teacher certification program autistic autism area vocational technical institute annual yearly progress |
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| BAC BASIS BD BEP BEST BETAC BI BIA BIL BIP BLS BMP BOCES | behavior adjustment class Basic Adult Skills Inventory System behaviorally disordered; behavior disorders; brain damaged behavioral education plan basic education study team bilingual education technical assistance centers brain injury Brain Injury Association; Bureau of Indian Affairs bilingual behavior intervention plan basic life support behavior management plan Board of Comprehensive Education Services (New York State) |
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| CA CAI CAM CAP CAPD CAT CBA CBM CC CD CDA CDRC CDS CFLA CFR CHAP CHD CHI CIL CIM CLAS CLD CMHP CNS COTA CP CPPC CPSE CSA CSE CSEF CSPD CSS CTT | chronological age computer-assisted instruction certificate of advanced mastery central auditory processing central auditory processing disorders; see also APD (auditory processing disorder) committee on accessible transportation curriculum based assessment curriculum based measurement cross categorical communication development; conduct disorder child development associate child development and rehabilitation center child development specialist community and family living amendments Code of Federal Regulations child health assurance program center on human development closed head injury center for independent living certificate of initial mastery culturally and linguistically appropriate services culturally and linguistically diverse community mental health program central nervous system certified occupational therapist assistant cerebral palsy cooperative personnel planning council committee on preschool special education childhood sexual abuse case study evaluation; committee on special education Center for Special Education Finance comprehensive system of personnel development community support service community transition team |
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| D&E DAP DARTS DAS DB; DBL DCD D DD DDC DDD DHHAP DHR DI DNR DoDDS DOE DON DREDF DRG DS DSM
| diagnosis and evaluation developmentally appropriate practices day and residential treatment services developmental apraxia of speech deaf-blind developmental coordination disorder deaf developmental disabilities; developmentally delayed developmental disabilities council division of developmental disabilities deaf and hard of hearing access program Department of Human Resources direct instruction do not resuscitate US Dept. of Defense Dependent Schools Department of Education determination of need Disability Rights Education and Defense Fund diagnostically related groups direction service Diagnostic and Statistical Manual (for Mental Disorders)
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| EBD EC ECE ECI ECSE ECT ED EDGAR EEs EEN EFA EHA
EI EI/ECSE ELL EMDR EMH EMR EMT EPSDT EQ ERC ERIC ESA ESC ESD ESE ESEA ESL ESOL ETP ESY EYS | emotional and behavioral disorders early childhood; exceptional child[ren] early childhood education early childhood intervention early childhood special education early childhood team emotionally disturbed; emotional disorders; US Department of Education Education Department General Administrative Regulations essential elements exceptional education needs experimental functional analysis Education for All Handicapped Children Act (since 1990, known as the Individuals with Disabilities Education Act [IDEA]) early intervention early intervention/early childhood special education English language learner eye movement desensitization and reprocessing educable mentally handicapped educably mentally retarded emergency medical treatment early periodic screening diagnosis and treatment program exceptional quality education resource center Educational Resources Information Center education service agency education service center education service district exceptional student education Elementary and Secondary Education Act English as a second language English for speakers of other languages effective teaching practices extended school year extended year services (ECSE) |
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| FAIP FAPE FAST FBA FC FDAB FERPA FIPSA FLSA FMLA FR FSA FSHA FSD FTE FY | functional assessment and intervention program free appropriate public education functional academic skills test functional behavior assessment facilitated communication; foster care Fair Dismissal Appeals Board Family Educational Rights to Privacy Act (aka the Buckley Amendment) Fund for the Improvement of Postsecondary Education Fair Labor Standards Act Family Medical Leave Act Federal Register Family Support Act first source hiring agreement flexible service delivery model full-time equivalent fiscal year |
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| guardianship, advocacy, and protective services generic special education gifted and talented
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| historically black colleges and universities health impaired; hearing impaired hard of hearing higher-order thinking skills head start; high school high school completion
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| IASA IAES ICC ICD ICDP ICF ICFMR IDEA IDELR IED IEE IEP IEPC IEU IFA IFSP IHE IHCP IHO IHP IHTP ILC ILP ILT IMC IML IPE IPL IPP IQ ISP ISS ITH ITIP ITP | Improving America's Schools Act interim alternative educational setting interagency coordinating council international code of diseases individual career development plans intermediate care facility intermediate care facility for mental retardation Individuals with Disabilities Education Act Individuals with Disabilities Education Law Report (from LRP Pubs.) intermittent explosive disorder independent education evaluation individualized education program individualized educational planning committee intermediate educational unit individualized functional assessment individualized family service plan institution of higher education individualized health care plan impartial hearing officer individualized habilitation program or plan individualized habilitation and treatment plan independent living center independent living plan instructional leadership training instructional materials center instructional materials laboratory individualized plan for employment initial program load individualized program plan intelligence quotient individualized service plan in school suspension intensive training home instructional theory into practice individualized transition plan (similar to IEP) |
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| JDRP JOBS JTPA JJAEP
| joint dissemination review panel job opportunities and basic skills Job Training Partnership Act juvenile justice alternative education
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| LA LD LDA LDP LEA LEDS LEP LICC LIFE LoF LPTA LRE LSSP LTCF LTCT
| language arts learning disabilities; learning disabled Learning Disabilities Association language development program local education agency law enforcement data system limited English proficient local interagency coordinating council living in functional environments Letter of Finding issued by the Office for Civil Rights (OCR) licensed physical therapy assistant least restrictive environment licensed specialist in school psychology long-term care facility long-term care and treatment
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| MA MBD MBO MDC MDT M/ED MESC MFCU MH MHM MHMR MI MIS MMR MMS MR MR/DD MR/MED
MSDD MSRTS MST
| mental age minimal brain dysfunction management by objective multi-disciplinary conference multidisciplinary team; manifest determination team mental or emotional disturbance migrant education service center medically fragile children's unit multiply handicapped multihandicapped mainstream mental health mental retardation multiple intelligences management information systems mild mental retardation mastery management system mentally retarded or mental retardation mentally retarded/developmentally disabled mentally retarded and mentally or emotionally disturbed (sometimes referred to as dual diagnosis) multisystem developmental disorder migrant student record transfer system multisystemic therapy
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| NCES NCLB; NCLBA NDT NEA NICU NSBA
| National Center for Education Statistics No Child Left Behind Act neurodevelopmental treatment National Education Association neonatal intensive care unit National School Boards Association
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| O&M OCD OCR ODAS ODD OE OECD OH OHI OMI OSEP OT OT/PT
| orientation and mobility obsessive compulsive disorder Office of Civil Rights occupational data analysis system oppositional defiant disorder open entries Organization for Economic Cooperation and Development orthopedically handicapped other health impairments other minorities Office of Special Education Programs, US Department of Education occupational therapy/therapist occupational therapy/physical therapy
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| P and A PACER PALS PAVE PCA PCD PDAS PDD PDD-NOS PEATC PECS PEIMS PEL PERS PET PIC PIQ PLATO PLI PLOP PPCD PPS PRE-K PT PTA PTG PTI PTSD PTT PVS PY
| protection and advocacy parent advocacy coalition for educational rights center peer-assisted learning system parents advocating for vocational education personal care attendant perceptual communicative disability professional development and appraisal system pervasive development disorder pervasive development disorder—not otherwise specified parent education advocacy training center picture exchange communication system public education information management system present education level public employees retirement system pupil evaluation team private industry council performance IQ programmed logic automatic teaching operations pragmatic language impairment present level of performance preschool program for children with disabilities pupil personnel services pre-kindergarten physical therapy/therapist physical therapist assistant; post-traumatic amnesia parent teacher group parent teacher information post-traumatic stress disorder planning and placement team persistent vegetative state; private vocational schools project year
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| QAFB QMRP
| questions about functional behavior qualified mental retardation professional
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| RAD RCF RCH RDD R&D REBT REI RFP RMT RRC RSP R&T RTC RTH RTI RWQC
| reactive attachment disorder residential care facility residential care home reading disorder-dyslexia research & development rational emotive behavior therapy regular education initiative request for proposal regional management team regional resource centers resource specialist (regional term) research and training residential treatment center residential training home response to intervention regional workforce quality committee
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| SAT SBE; SBOE SB L-M SBS SDA SDC SDE SE SEA SEAP SECC SECTION 504
SED SEMS SENCO SENG SERVE SI SIB SICC SIG SILP SIP SIS SLC SLD SLP SLPA SLR SPeNSE SOL SOSCF SPD SPED SPLD SSA SSBD SSD SSDI SSI SST STO
| scholastic aptitude test state board of education Stanford-Binet, Form L-M (language/memory) schoolwide behavior supports service delivery area special day class self-directed employment special education state education agency; state education association state education advisory panel special education child count a part of the Rehabilitation Act of 1973 making it illegal for any org. receiving federal funds to discriminate against a person solely on the basis of disability seriously emotionally disturbed special education management system special education needs coordinator supporting the emotional needs of the gifted secondary education reporting of vocational enrollment speech impaired self-injurious behavior state interagency coordinating council state improvement grant semi-independent living program state improvement plan shared information systems structured learning center specific learning disability speech-language pathologist speech-language pathologist assistant state liaison representative study of personnel needs in special education standards of learning state offices for services to children and families semantic pragmatic disorder special education semantic pragmatic language disorder social security act; SSA Social Security Administration septimatic screening for behavior disorders social security disability social security disability income statewide systemic initiative; supplemental security income student study team; student support team short-term objective |
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| TAG TBI TDD TESOL TIP TLC TMH TMR TPP TOVA TTY
| talented and gifted traumatic brain injury telecommunication devices for the deaf teachers of English for speakers of other languages teacher improvement process therapeutic learning center trainable mentally handicapped trainably mentally retarded transition planning process test of variable attention teletypewriter (phone system for deaf individuals—see TDD)
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| UAF UCE
| university affiliated facility university centers for excellence
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| VAC VCD VEDS VI VRD VSA
| vocational adjustment counselor; vocational adjustment class volitional conduct disorder vocational education data systems visually impaired vocational rehabilitation division very special arts
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| WAC WISC-R WISC-III WOD WQC WRAP
| work activity center Weschler Intelligence Scale for Children-Revised Weschler Intelligence Scale for Children-Third Edition written output disorder workplace quality council wraparound program
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| youth transition program |
Posted byDoc Junhel
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