Kendall County Special Education Cooperative Logo Kendall County Special Education Cooperative

Lynda Shanks

Director

Amy Lee

Assistant Director
(630) 553-5833  |  Fax: (630) 553-5872

510.5 Behavioral Intervention and Discipline

A. Behavioral Interventions

  1. Behavioral interventions shall be used with children with disabilities to
    promote and strengthen desirable behaviors and reduce identified
    inappropriate behaviors.
  2. A committee shall be established to develop and monitor procedures on the
    use of behavioral interventions for children with disabilities. The committee
    shall review the State Board of Education’s guidelines on the use of behavioral
    interventions and use them as a non-binding reference. The behavioral
    intervention procedures shall be furnished to the parents of all children with
    individual education plans within 15 days after their adoption or amendment
    by, or presentation to, the Board or at the time an individual education plan is
    first implemented for a student; all children shall be informed annually of the
    existence of the procedures. At the annual individualized education plan
    review, a copy of the School District’s behavioral intervention policy and
    procedures shall be given and explained to parents. A copy of the procedures
    shall be available at any time and provided upon request of the parents.
  3. A behavioral intervention plan shall be based on a functional behavior
    assessment and shall include positive behavioral intervention strategies, and
    supports to address the inappropriate behavior. A functional behavioral
    assessment shall be completed, if appropriate, in relationship to the
    development or modification of a student’s behavioral intervention plan. A
    functional behavioral assessment is an assessment process for gathering
    information regarding a student’s target behavior, its antecedents and
    consequences, controllingvariables, the student’s strengths, and the
    communicative and functional intent of the behavior, for use in developing
    behavioral interventions. The conduct of the functional behavioral assessment
    does not require parental informed written consent unless the IEP Team
    decides to conduct individualized assessments that go beyond the review of
    existing data and the administration of tests or other evaluations that are
    administered to all children.

B. Discipline of Children with Disabilities

  1. The School District shall comply with the provisions of the Individuals With
    Disabilities Education Improvement Act of 2004 (IDEA) when disciplining
    students. No special education student will be expelled if the student’s
    particular act of gross disobedience or misconduct is a manifestation of hislher
    disability. Any special education student whose gross disobedience or
    misconduct is not a manifestation of hislher disability may be expelled
    pursuant to the expulsion procedures, except that such child shall continue to
    receive educational services as provided in IDEA during the period of expulsion.
  2. A special education student may be suspended for periods of no more than 10
    consecutive school days each in response to separate incidents of gross
    disobedience or misconduct, regardless of whether the student’s gross
    disobedience or misconduct is a manifestation of hislher disability, as long as
    the repeated removals do not constitute a pattern that amounts to a change in
    placement (considering factors such as the length of each removal, the total
    amount of time the child is removed, and the proximity of the removals to one
    another) and provided that such child receives educational services to the
    extent required by IDEA during such removals.
  3. Any special education student may be temporarily excluded from school by
    court order or by order of a duly appointed State of Illinois impartial due
    process hearing officer changing the student’s placement to an appropriate
    interim alternative educational setting for up to 45 school days, if the School
    District demonstrates that maintaining the child in hislher current placement is
    substantially likely to result in injury to the child or others.
  4. A special education student who has carried a weapon to school or to a school
    function or who knowingly possesses or uses illegal drugs or sells or solicits the
    sale of controlled substance while at school or a school function or who has
    inflicted serious bodily injury upon another person while at school or at a
    school related activity may be removed from his/her current placement. All
    such children shall be placed in an appropriate interim alternative educational
    setting for no more than 45 school days in accordance with IDEA. The length
    of time a child with a disability is placed in an alternative educational setting
    must be the same amount of time that a child without a disability would be
    subject to discipline.
  5. Upon the occurrence of any act that may subject the student either to
    expulsion from school or suspension resulting in more than ten cumulative
    days of suspension during any one school year, the School District shall
    convene a meeting of the IEP Team to review the student’s behavioral
    intervention plan or, if a behavioral intervention plan has not yet been
    developed, to develop one.

C. Special Education Suspension Procedures

  1. All suspension notices and suspension review procedures established by The
    School Code shall be followed when suspending a special education student.
    In addition, a special education student who is suspended from school for
    more than 10 cumulative school days in a school year shall receive educational
    services in accordance with IDEA.
  2. The first time a child is removed for more than 10 cumulative days during the
    school year, the School District shall, no later than 10 business days after the
    decision to suspend a child is made, convene an IEP meeting to review and, if
    appropriate, modify the student’s behavioral intervention plan, as necessary,
    to address the student’s behavior. If no behavioral intervention plan is in
    place, the IEP Team shall develop a plan for a functional behavioral assessment
    that must be used to develop a behavioral intervention plan.
  3. For all subsequent removals of the child that do not constitute a change in
    placement, the IEP Team members must review the behavioral intervention
    plan and its implementation. If any team member indicates that the plan may
    need to be modified, the IEP Team must be convened to review the plan and
    revise it, if appropriate.
  4. For all removals that exceed 10 cumulative days during one school year, the
    School District must provide services to the student. School personnel, in
    consultation with at least one of the child’s teachers, shall determine the
    services to be provided. Such services must be designed to enable the child to
    progress in the general curriculum and advance toward hislher IEP goals.

D. Special Education Procedures for Expulsion of Disciplinary Change in Placement

  1. For purposes of this subsection, a disciplinary removal constitutes a “change of
    placement” if:

     

    1. A student is removed from the hislher current educational placement for
      more than 10 consecutive school days; or
    2. The student has been subjected to a series of removals that constitute a
      pattern:

       

      (1) Because the series of removals total more than 10 school days in a
      school year;

      (2) Because the child’s behavior is substantially similar to the child’s
      behavior in previous incidents that resulted in the series of removals;
      and

      (3) Because of such additional factors as the length of each removal, the
      total amount of time the child has been removed, and the proximity of
      the removals to one another.

  2. The School District shall promptly notify the student’s parent(s) of the gross
    disobedience or misconduct and whether the child shall be recommended for
    expulsion. All procedural protections pertaining to notice provided under the
    School District’s discipline policy shall apply to a notice of recommended
    expulsion in the case of a special education student. The parent(s) shall also
    receive a copy of the procedural safeguard and written notification that a
    manifestation determination review must be made to determine whether the
    student’s act of gross disobedience or misconduct is a manifestation of his/her
    disability. The manifestation determination review shall take place as soon as
    possible, but no later than 10 school days after the decision related to the
    discipline of the child is made.
  3. The manifestation determination review must be completed by the parent(s)
    and relevant members of the child’s IEP Team (as determined by the parent(s)
    and the School District).
  4. In carrying out the manifestation determination review, the team shall
    consider, in terms of the behavior subject to the disciplinary action, all relevant
    information in the student’s file, including:

     

    1. The child’s IEP;
    2. Any teacher observations of the student; and
    3. Any relevant information provided by the parent(s).
  5. The conduct must be determined to be a manifestation of the student’s disability if it is determined that:
    1. The conduct in question was caused by, or had a direct and substantial
      relationship to, the child’s disability; or
    2. The conduct in question was the direct result of the School District’s failure
      to implement the student’s IEP.
  6. If, at the manifestation determination review conference, it is determined that
    the behavior of the child was a manifestation of hislher disability, the
    authorized administrator shall not continue with hislher recommendation for
    expulsion. The authorized administrator may request a review of the
    appropriateness of the educational placement of the child in accordance with
    the federal and State law. During the period necessary to propose a new
    placement, the child will remain in hislher then-current placement unless:

     

    1. The child has not served a full 10 school day suspension imposed for the
      gross disobedience or misconduct, in which case the child may be required
      to serve the remaining days of his/her suspension; or
    2. The parent(s) and the School District agree on an interim placement; or
    3. The School District obtains an order from a court of competent jurisdiction
      or a State of Illinois impartial due process hearing officer decision changing
      the then-current placement or providing for other appropriate relief.
  7. If, at the manifestation determination review conference, it is determined that
    the behavior of the child was not a manifestation of hislher disability, the
    authorized administrator may continue with hislher recommendation that the
    child be considered for expulsion by the School Board. In addition to issues
    regularly determined at an expulsion hearing, the authorized administrator
    must present evidence that the manifestation determination review team met
    and concluded that the student’s misconduct was not a manifestation of
    his/her disability, which shall be duly noted by the Board. The administration shall ensure that relevant special education and disciplinary records of the child are transmitted for consideration by the Board.
  8. If a special education student is expelled from school in accordance with the
    procedures set forth above, the School District shall convene an IEP meeting to
    develop an educational program to deliver educational services to the child
    during such period of expulsion.

E. Misconduct Involving Weapons, Drugs, or Infliction of Serious Bodily Injury.

  1. In accordance with the above procedures, the School District may take one or
    more of the following steps when a child with a disability carries a weapon to
    school or to a school function, or knowingly possesses or uses illegal drugs or
    sells or solicits the sale of a controlled substance while at school or at a school-
    related function, or has inflicted serious bodily injury upon another person
    while at school or a school-related function:

     

    1. uspend the child from school for 10 school days or less.
    2. Convene an IEP conference to: (a) determine placement in an interim
      alternative educational setting for up to 45 school days, (b) review and, if appropriate, modify the student’s behavior intervention plan, as necessary, to address the student’s behavior (if no behavior intervention plan is in
      place, the IEP Team shall develop a plan for a functional behavioral
      assessment that must be used to develop a behavior intervention plan),
      and (c) conduct a manifestation determination review.

       

      (1) The child may be placed in an interim alternative educational setting
      even if the behavior is a manifestation of the student’s disability.

      (2) The interim alternative educational setting must:

      1. Enable the child to continue to progress in the general curriculum;
      2. Enable the child to receive the services and modifications set forth in hislher IEP; and
      3. Include services and modifications designed to address the misconduct to prevent it from recurring.
  2. If the parent(s) disagree with the interim alternative educational placement or
    with the School District-proposed placement and initiate a due process
    hearing, the child must remain in the interim alternative educational setting
    during the authorized review proceedings, unless the parent(s) and the School
    District agree on another placement.

F. Change of Placement if Maintenance of Current Placement is Likely to Result in Injury

  1. In the event that maintenance of a student’s current placement is substantially
    likely to result in injury to the child or to others, the School District may seek
    an order from a court of competent jurisdiction or a State of Illinois impartial
    due process hearing officer to change the student’s placement to an
    appropriate interim alternative educational setting for one or more 45 school
    day periods after convening an IEP meeting to:

     

    1. Conduct a manifestation determination review following procedures
      described under sub-heading “Special Education Expulsion Procedures,”
      above, and
    2. Determine a proposed interim alternative educational setting that meets
      the requirements under sub-heading “Misconduct Involving Weapons,
      Drugs, or Infliction of Serious Bodily Injury,” above.
  2. The length of time a child with a disability is placed in an alternative
    educational setting must be the same amount of time that a child without a
    disability would be subject to discipline.

G. Protection for Children Not Yet Eligible Inder IDEA

  1. Any child who has not been determined to be eligible for special education and
    related services and who engages in behavior that violates the School District’s
    code of conduct shall be disciplined in accordance with the School District’s
    discipline policy for nondisabled students, unless the School District had
    knowledge that the child was a child with a disability.
  2. The School District will be deemed as having knowledge that a child may be
    eligible for special education and related services prior to the disciplinary
    incident, if any one of the following conditions exists:

     

    1. The parent(s) of the child expressed concern in writing (or orally if the
      parent(s) does not know how to write or has a disability that prevents a
      written statement) to supervisory or administrative School District
      personnel that the child is in need of special education and related
      services;
    2. The parent(s) of the child has requested an evaluation of the child; or
    3. The child’s teacher or other School District personnel expressed specific
      concerns about a pattern of behavior demonstrated by the child directly to
      the School District’s Director of Special Education or to other School
      District supervisory personnel.
  3. The School District will not be deemed to have knowledge if:
    1. The parent(s) of the child has not allowed their child to be evaluated after
      he/she was referred for such evaluation by the School District;
    2. The parent(s) has refused special education services; or
    3. Documentation maintained in the school student records affirm that an
      evaluation to determine the presence of a disability was either conducted
      and the child was found not eligible for special educational and related
      services or the parent(s) was provided with written notice that the School District had considered the need to conduct an evaluation and had determined that an evaluation was not warranted.
  4. If, following the School District’s decision to discipline a child who has not been
    determined to be eligible for special education and related services, the child’s
    parent(s) request a full and individual evaluation, the evaluation shall be
    conducted in an expedited manner. Until the evaluation is completed, the
    child shall remain in the educational placement determined by the School
    District, which may include suspension or expulsion without educational
    services.

H. Referral to and Action by Law Enforcement and Judicial Authorities

      The School District is not prohibited from reporting a crime committed by a child

 

      with a disability to appropriate authorities. The School District shall ensure that

 

      copies of special education and disciplinary records are also transmitted to the

 

    authorities in such instances, subject to the requirements of federal and State law.

LEGAL REF.:

20 U.S.C. §§ 1412, 1413, 1415 (Individuals with Disabilities Education Act).

34 C.F.R. §§ 300.101,300.530-300.535.

105 lLCS 5110-22.6,5/14-8.05.

23 111. Admin. Code §§ 226.50 (requirements for FAPE), 226.75
(definitions), 226.220 (factors in development of the IEP),
226.400 (disciplinary actions), 226.655 (expedited due process
hearing).