Introducing …….
Policy 2419:
Regulations for the
Education of Students
with Exceptionalities
West Virginia Department of
Education
1
Session III
Chapter 7
Discipline
Presented by…
Rosemary Cook
Compliance Coordinator
Office of Assessment and Accountability
West Virginia Department of
Education
2
Policy 2419
Session I
Chapters
1-5
Session II
Chapter 4
RTI
Session V
Chapters
8-11
Policy 2419
Session IV
Chapter 6
Administration
Of Services
Session III
Chapter 7
Discipline
West Virginia Department of
Education
3
Introducing….
Policy 2419: Regulations for
the Education of Students
with Exceptionalities
http://wvde.state.wv.us/intro2419/
West Virginia Department of
Education
4
Office of Special Programs,
Extended and Early
Learning
http://wvde.state.wv.us/ose/
West Virginia Department of
Education
5
Training Components
 Presentation
 Supplementary materials
 Participant notes
 Policy 2419 (final document or bill
analysis version)
 Participant questions and WVDE
responses
 Training Calendar
 Policy 2419 Training Synopsis
West Virginia Department of
Education
6
Session IIII Map
Chapter 7
Discipline
-Understanding
the
Terms
-No Change
in Placement
-Change in
Placement
-Special
Circumstances
-Expedited
Hearings
-Protections for
Students Not
Yet Eligible
West Virginia Department of
Education
-Reporting
Crimes
7
Advance Organizer
 Provide a working knowledge of discipline
requirements including any significant
revisions to the Policy since the final IDEA
regulations went into effect on October 13,
2006.
 Continue the dialogue with interested
stakeholders across the state regarding
implementation of the policy and gather
information for additional technical
assistance.
West Virginia Department of
Education
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Understanding the Terms
 Removals – include all “removals” from
the educational placement considered as a
disciplinary action
 Change of Placement
 Removals total > 10 consecutive school days
or
 Removals constitute a pattern
West Virginia Department of
Education
9
Understanding the Terms
 Manifestation Determination – process
the IEP Team uses to decide if the
behavior subject to discipline is inherent
to the student’s disability.
 Functional Behavior Assessment (FBA) –
a method of determining the purpose of
the behavior(s) subject to disciplinary
action p. 147
West Virginia Department of
Education
10
Understanding the Terms
 Behavior Intervention Plan (BIP) –
developed using FBA information,
includes methods for teaching
replacement behaviors, strategies for
meeting student needs appropriately,
environmental adaptations, etc. p. 142
West Virginia Department of
Education
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Understanding the Terms
 Free Appropriate Public Education (FAPE) – special
education and related services
 Provided at public expense
 Meets WVDE standards & Policy 2419
requirements
 Includes preschool through high school
 Provided in conformity with the Individualized
Education Program (IEP)
 Encompasses services necessary to enable the
student to continue to participate in the general
curriculum and to progress toward meeting the
goals set out in the student’s IEP p. 147
West Virginia Department of
Education
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“FAPE-free Zone”
No Special Procedures Apply p. 86
 During initial ten day removal for violation
of school’s code of conduct:
Same disciplinary actions as a general
education student
No educational services provided
No functional behavioral assessment
required
No manifestation determination required
West Virginia Department of
Education
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Disciplinary Change of
Placement p. 85
Definition:
 Removal for more than 10 consecutive days, or
 Series of removals that constitute a pattern,
that is:
 Beyond ten cumulative days in a school year,
 Student’s behavior is similar to other removal
behaviors, and
 Presence of other factors such as length of removals,
total time removed and proximity of removals to one
another.
West Virginia Department of
Education
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In School Suspensions
p. 85
 Portions of a school day that a student
has been suspended may be considered
as a removal in regard to determining
whether there is a pattern of removals.
West Virginia Department of
Education
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In School Suspensions
p. 85
 Not considered part of the days of
suspension as long as student is afforded:
 the opportunity to continue to appropriately
participate in the general curriculum,
 continue to receive services specified on the
student’s IEP and
 continue to participate with non-disabled
students to the extent they would have in their
current placement.
West Virginia Department of
Education
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Bus Suspensions p. 85-86
 Counts as a day of removal if
transportation is part of a student’s IEP
unless district provides alternate mode of
transportation.
 If not part of IEP, parents have obligation
to transport student to school.
 IEP Team may need to address bus
behaviors in IEP or BIP.
West Virginia Department of
Education
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District Actions When Removals Are Not A
Change in Placement p. 86
 Subsequent removals of 10 days or less
require:
 Extent of services determined by school
personnel in consultation with at least one of
the student’s teachers
 Must enable student to participate in general
curriculum and make progress toward meeting
IEP goals
West Virginia Department of
Education
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Best Practice
 Although no longer required, consider:
 FBA, as appropriate
 Behavioral goals or BIP
To improve attendance and
achievement
West Virginia Department of
Education
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District Actions When Considering a
Disciplinary Change of Placement
p. 86
 Provide same day written notice of removal
(PWN) and procedural safeguards notice
 Within 10 days of decision to change
placement, meet with parents and relevant
members of IEP Team to conduct a
manifestation determination
West Virginia Department of
Education
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District Actions…
If not a manifestation: p. 87
 Determine appropriate disciplinary action, may
include those procedures applicable to a
student without disabilities
 Convene IEP Team to develop IEP that specifies
services to enable student to:
 Participate in general curriculum
 Make progress on IEP goals
 As appropriate, provide FBA and behavior
intervention services designed to address
behavior violation so that it does not recur
West Virginia Department of
Education
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District Actions…
If a manifestation: p. 87
 The IEP Team shall:
conduct a FBA and develop a BIP if one has
not been completed or
review existing BIP and revise, as needed,
and
Return the student to placement from
which the student was removed.
IEP Team may change placement as part of
BIP.
West Virginia Department of
Education
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Special Circumstances – regardless of
manifestation determination p. 87
 When a behavior violation
involves weapons, illegal drugs
or serious bodily injury, the
district may unilaterally remove
student to a 45 day Interim
Alternative Education Setting
(IAES)
West Virginia Department of
Education
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Policy 2419 refers to the federal
definitions for these special
circumstances: p. 88
 Carries or possesses a weapon at
school or a school function; or
 Knowingly possesses, carries, or uses
illegal drugs or sells or solicits the sale of
a controlled substance while at school or
a school function; or
 Inflicts serious bodily harm
West Virginia Department of
Education
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Serious Bodily Harm Defined
p.158
 a bodily injury that involves:
(1) A substantial risk of death;
(2) Extreme physical pain; or
(3) Protracted and obvious disfigurement; or
protracted loss or impairment of the
function of the bodily member, organ, or
mental faculty to another person at school,
on school premises, or at a school
function.
West Virginia Department of
Education
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FAPE Requirements in an IAES
pp. 88-89
 IEP Team must create/select an IAES
that enables the student to:
Continue to participate in the general
education curriculum; and
Progress toward meeting the goals set
out in his or her IEP; and
Receive, as appropriate, an FBA and
behavioral intervention services to
address the behavior violation so that
it does not recur.
West Virginia Department of
Education
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Services During Change of
Placement Removal(s)
For all change of placement
removals,
the IEP Team determines FAPE.
West Virginia Department of
Education
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Expedited Hearing p. 89
 Within 20 days; 10 days to provide
decision
 Requested by parent when in
disagreement with manifestation
determination, disciplinary change of
placement or district placement in IAES
West Virginia Department of
Education
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Expedited Hearing p. 89
 Requested by district:
When special circumstances exist,
When maintaining the current
placement is substantially likely to
result in injury to the student or to
others, and
If student remains dangerous, to allow
an additional IAES placement for not
more than 45 days
West Virginia Department of
Education
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Protections for Students Not
Yet Eligible p. 90
Student may seek protections of IDEA if:
District had knowledge that a student was
eligible
Parent expressed concern in writing
Parents requested an evaluation
Teacher or other personnel expressed
concern

West Virginia Department of
Education
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Exception to Protections for
Students Not Yet Eligible
pp. 90-91
 Student is not eligible for protection if:
Eligibility Committee determines that
the student did not have a disability;
The parent/adult student does not give
written consent for an evaluation; and
The parent/adult student refuses
special education services.
West Virginia Department of
Education
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Parent/Adult Student Request for
Evaluation of a Disciplined Student
p. 89
 Conduct evaluation in an expedited manner
 Student remains in placement determined by
district
 If determined eligible:
 Convene IEP Team meeting and develop IEP
 Conduct a manifestation determination
 If behavior had direct and substantial relationship to
disability, set aside disciplinary action and provide
FAPE in the LRE. (implement IEP)
West Virginia Department of
Education
32
Parent/Adult Student Request for
Evaluation of a Disciplined Student
pp. 89-90
 If eligible but behavior is not determined a
manifestation, student is subject to
disciplinary action but must receive FAPE
for removals beyond 10 cumulative days
 If not eligible, apply the same disciplinary
actions as applied to all other nondisabled
students who engage in comparable
behaviors
West Virginia Department of
Education
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Reporting Crimes
p. 91

Nothing in IDEA 2004 shall be construed to
prohibit a school from reporting a crime
committed by an eligible student.

District reporting a crime shall ensure that
copies of the special education and
discipline records of the eligible student are
transmitted to the appropriate authorities.
West Virginia Department of
Education
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Closing
 Questions
 Responses to questions submitted
will be posted within three business
days on the Introducing…Policy 2419
and the OSP websites
 Evaluation
West Virginia Department of
Education
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