FOF(LEGAL) -

Students with Disabilities Under Section 504

Note: The provisions below apply only to students eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA).

Students Receiving Special Education Services

DAEP Placement Not Solely for Educational Purposes

Removal for Ten Days or Less

Services During Removal

Subsequent Removals of Ten Days or Less

Services During Removal

Notice of Procedural Safeguards

Removals That Are a Change in Placement

"Change in Placement"

Removed from the student's current educational placement for more than ten consecutive school days; or

Subjected to a series of removals that constitute a pattern because:

The series of removals total more than ten school days in a school year;

The student's behavior is substantially similar to the student's behavior in the previous incidents that resulted in the series of removals; and

Additional factors exist, such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another.

Manifestation Determination

Caused by, or had a direct and substantial relationship to, the student's disability; or

The direct result of the district's failure to implement the IEP.

Not a Manifestation

Expulsion

Services During Removal

Continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals in the student's IEP.

Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

Manifestation

Conduct a functional behavioral assessment (FBA), unless the district had conducted an FBA before the behavior that resulted in the change in placement occurred, and implement a behavioral intervention plan (BIP) for the student; or

If a BIP has already been developed, review the BIP and modify it, as necessary, to address the behavior.

Special Circumstances

Carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of TEA or a school district;

Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of TEA or a school district; or

Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of TEA or the district.

Services During Removal

Continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals in the student's IEP.

Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

Appeals

Placement During Appeals

Reporting Crimes

Students Not Yet Identified

District Knowledge

The parent of the student expressed concern in writing to supervisory or administrative personnel of the district, or to the teacher of the student, that the student was in need of special education and related services;

The parent requested an evaluation of the student for special education and related services; or

The student's teacher, or other district personnel, expressed specific concerns about a pattern of behavior demonstrated by the student directly to the special education director or to other supervisory personnel of the district.

Exception

The parent has not allowed an evaluation of the student;

The parent has refused services; or

The student has been evaluated and it was determined that the student did not have a disability.

Behavior Management Techniques

School Peace Officers

Is employed or commissioned by a school district; or

Provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the district and a local law enforcement agency.

Exceptions

A peace officer, while performing law enforcement duties, except as provided above [see School Peace Officers] and by Education Code 37.0021(i) [see Restraint, Documentation, below];

Juvenile probation, detention, or corrections personnel; or

An educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district.

"Law Enforcement Duties"

The student possesses a weapon; and

The confinement is necessary to prevent the student from causing bodily harm to the student or another person.

Confinement

Seclusion

Is designed solely to seclude a person; and

Contains less than 50 square feet of space.

Restraint

Restraint shall be limited to the use of such reasonable force as is necessary to address the emergency.

Restraint shall be discontinued at the point at which the emergency no longer exists.

Restraint shall be implemented in such a way as to protect the health and safety of the student and others.

Restraint shall not deprive the student of basic human necessities.

Imminent, serious physical harm to the student or others; or

Imminent, serious property destruction.

Training

Documentation

Time-Out

Physical force or threat of physical force shall not be used to place a student in time-out.

Time-out may only be used in conjunction with an array of positive behavior intervention strategies and techniques and must be included in the student's IEP and/or BIP if it is utilized on a recurrent basis to increase or decrease targeted behavior.

Use of time-out shall not be implemented in a fashion that precludes the ability of the student to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the student's IEP.

That is not locked; and

From which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.

Training

Documentation

Laredo ISD

FOF(LEGAL)-P

UPDATE 111

DATE ISSUED: 7/18/2018