October 2014

The SPEDucator
Brought to you by: Claire Le Blanc
Claire.Leblanc@vbschools.com

Suspensions, Expulsions & IEPs

A Special Education student's rights concerning suspension or expulsion are
governed by the 2004 amendment to IDEA of children with special
educational needs. (These provisions are found mostly at 20 U.S.C.
1415(k). The law states explicitly that a free appropriate public education
("FAPE") must be available to all children with disabilities, "including children
with disabilities who have been suspended or expelled from school." (20
U.S.C. 1412(a)(1)(A)). A student with an IEP is entitled under this law to
continue to receive an appropriate education if he or she is suspended for any
time beyond 10 days. (See 34 CFR 300.530 in regard to "ten day"
suspensions.
There are certain behaviors for which a school system can change a student's
placement to an "interim alternative educational setting" for up to 45 school
days. For example, if the student carries a dangerous weapon to school or
a school function, knowingly possesses, uses, sells or attempts to sell illegal
drugs at school or at a school function, or has inflicted serious bodily injury
upon another while at school or at a school function. (1415(k)(1)(G))
A school division can also try to convince a hearing officer in a special
education due process system to order an interim alternative educational
placement for up to 45 days by proving that maintaining the child in her
current placement "is substantially likely to result in injury to the child or to
others." ( 1415(k)(3)(A))
In either case, any alternative educational placement for up to 45 days under
these provisions must provide FAPE. Accordingly it must be designed to
"enable the child to continue to participate in the general curriculum,
although in another setting, and to progress toward meeting the goals set out
in the child's IEP." ( 1415(k)(1)(D)
The placement must also include services to address the behavior for which
the student is being suspended in the first place. (A home tutoring program
would not normally satisfy these requirements, though if the only alternative
is a program for students with severe emotional/behavioral disabilities,
sometimes a parent is faced with either accepting an inappropriate homebound instruction program or placement in a setting with an inappropriate
peer group. If it is feasible to use the expedited hearing process, described
below, it may be best to accept home tutoring while contesting the matter.)
Most importantly, a school system cannot impose a long-term suspension or
expel a student with special educational needs if the behavior for which
he/she is being disciplined was a "manifestation" of his or her disability.
(1415(k)(4)(B),(C)) IDEA provides that the IEP team must find that
behavior was a manifestation of the child's disability if:

the conduct in question was caused by, or had a direct and

substantial relationship to, the childs disability; or
the conduct in question was the direct result of the local educational
agencys failure to implement the IEP.

If either of these circumstances applies, the IEP team must correct the IEP or
its implementation and, except for the 45-day provisions described
previously, the school cannot legally suspend the student beyond ten
days. If the team finds that the behavior is not a manifestation of the child's
disability, the school can suspend longer than ten days as it can a student
without a disability, but must still provide ongoing education under his/her
IEP during the suspension.

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Functional Behavior
Assessment and Behavior
Intervention Plan
A Functional Behavior Assessment
(FBA) is a process that seeks to determine
the underlying cause of student behaviors
that impede the learning of the student
with a disability or the learning of the
student's peers.
A Behavior Intervention Plan (BIP) is a
plan that utilizes behavioral interventions
and supports in order to reduce behaviors
which interfere with a student's academic
progress and/or increase behaviors that
lead to successful learning for that student.
Typically an FBA is performed to gather
information on student behaviors and this
data is then used to develop the BIP.
How is the need for a FBA/BIP
determined?
Before the FBA/BIP process is begun, the
following should be done to determine
whether the process is the most
appropriate action:
Contact the parents and notify
them that a behavioral issue exists
Make the building administrator
aware of the behavioral issues
The building administrator should
then verify that the behavior is
student-specific and not simply
environmental or due to larger
classroom management issues
Gather and review records of
school discipline and actions that
have previously been taken
Who is involved in a FBA/BIP:
If the student has an IEP or 504 plan, then
the case manager is in charge of
scheduling the meeting.
Invite the following:
Members of the IEP or 504 team

Any necessary teachers

Any necessary related service
providers
School psychologist
Any other school staff member
familiar with the behavior

TIPS YOU CAN USE

Important Points to Remember in
Developing a BIP:
The parent and the student should be
included in the development and
implementation of the BIP. The plan needs to
be practical, workable, and reasonable for
implementation in the targeted settings.
Individuals responsible for carrying out the
plan should have the appropriate training and
possess the required skills for successful
implementation. There should be support for
and buy-in from the person(s) who will
implement the plan acceptance of the plan by
the student.
The specifics of the intervention strategies
should be identified, including time and
duration, setting, and individual roles and
responsibilities.
Interventions that are considered should:

adjust environment to prevent

problems and promote positive
behaviors
teach skills to a high level of
competency (replacement
behaviors) that allow the student to
achieve the same results as the
problem behavior
manage consequences so that
reinforcement is maximized for
positive behaviors and minimized
for problem behaviors

Publishers Disclaimer
This newsletter and any information contained herein
are intended for general informational purposes only.
The publisher takes great efforts to ensure the
accuracy of information contained in this newsletter.
However, the publisher will not be responsible for any
errors or omissions that result from its use.

Writing a BIP Based on a FBA

Determine what is reinforcing to the student
and create an appropriate reinforcement
schedule. (What is reinforcing to one may not
be reinforcing to another.) If at all possible, use
the reinforcer that maintained the problem
behaviors to reinforce the desired, replacement
behaviors. For example, if a student sought
attention through misbehavior, use attention to
reinforce appropriate behavior.
If consequences are used for problem
behaviors, they must be immediate and
consistent and not inadvertently reinforce the
misbehavior. For instance, when a student
seeks to escape an assignment by throwing
work papers on the floor, referrals to the office
have a high probability of strengthening the
misbehavior. It may be more effective for the
teacher to offer the student the chance to
complete part of the assignment followed by a
short break. Regardless, the intervention
should be implemented consistently and for a
reasonable duration in relevant school
situations and in the home, as appropriate.
In some instances, an initial escalation of the
behaviors targeted for elimination may occur.
A procedure for objectively evaluating the effect
of the intervention on the targeted behaviors
should be developed by the IEP team. It should
include the establishment of short- and longterm goals, monitoring activities, and timelines
for periodic review of intervention outcomes.

A BIP should include the following:

Target Behaviors. The targeted behaviors need to
be described operationally, so that a neutral third
party would recognize the behavior. The
description may include intensity, frequency and
duration.
Specific Measurable Goals. This should include
not only the decrease in undesirable targeted
behavior but an increase in a targeted replacement
behavior.
Intervention Description and Method: Describe
the replacement behavior, and how the
replacement behavior will be reinforced.
Start and Frequency of Intervention. Give a start
date, no more than 30 days after your meeting. If
the intervention is not only for the home room or
one particular setting you may want to state the
intervention will be daily, or whenever you are
collecting information.
Method of Evaluation: For most BIPs you will
want to create measuring tools, usually a check off,
that can be used during observation of the
behavior. The period of the observation may be
stated in the description of the goal.
Persons Responsible. If it will be the
responsibility of the general ed teacher to reinforce
the appropriate behavior, be sure that he/she is on
board and understands and agrees with the BIP
goals. Be sure that those teachers are informed,
even trained, how to collect the information.
Data from Your Intervention: Be sure to make up
data sheets when you write your BIP. This will
make it much easier for all parties involved when
you start the intervention.

SPECIAL EDUCATOR SPOTLIGHT:

KERRY SHEEHAN
My love for Special Ed teachers and students began in Florida 17 years ago. I spent two years there learning about IEPs, accommodations, and
eligibility meetings, but I longed to be back in Virginia Beach. My first day at Ocean Lakes was my sons first day of Kindergarten, and we both had a
lot to learn! While he was taking ADHD medication by that time, he was not yet diagnosed with a spectrum disorder. It quickly became apparent to
his case manager (within 5 weeks) that he needed additional help, and I thank God for her intervention, her support and her kindness. She was one
of the most important people to attend his graduation party in 2013. My understanding of the hard work, dedication and tireless optimism needed to
be a sped teacher grew to an amazing level. I was hooked.
In my office, I see students, parents and teachers for a variety of needs. Often I am with one of my sped teachers, working on a situation with a
student and/or parent(s). The sped teachers I have known at OL are all selfless, giving and kind people who go above and beyond the job
expectations in supporting their students. From designing specialized instruction, preparing differentiated lesson, and writing 30 page IEPs to buying
school supplies, clothing and food for needy students, they are always helping. Last year I added the 50 students with 504 Plans to my caseload, and
I use my knowledge I have learned from my wonderful sped team to work with these students. Each case is distinctive; each student has needs that
others do not. I love my job because I get to see students lives change before my eyesevery single day.
I would be remiss if I didnt include my Guidance Team in my OLHS Family, as they are the best group of people I have ever had the pleasure to join.
We debrief together, laugh together, cry together, and then get back to work. In one day any one of us could deal with writing a letter of
recommendation, talking to a student about grades, talking to another one about cutting or killing herself, then dealing with a student who is homeless
or needs homebound services. We ensure that schedules are correct, count credits and SOLs all day long and work tirelessly to make sure our
students have the academic, emotional and vocational support they need to meet their aspirations.
This is my fifteenth year at Ocean Lakes, and I truly feel like it is my home. The long-held traditions, the dedication of staff, and a welcoming
atmosphere are all an integral part of our beauty. Every year we sponsor up to 10 families who otherwise would not have a Christmas. I am very
lucky to be in the company of people who care! And I am thankful I get to be a part of the Ocean Lakes Family. Being spedly is just icing on the cake.

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