02.01.2014 Views

Utah's Least Restrictive Behavioral Interventions Guidelines

Utah's Least Restrictive Behavioral Interventions Guidelines

Utah's Least Restrictive Behavioral Interventions Guidelines

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

For quick reference, the following table outlines IEP team responsibilities<br />

regarding disciplinary actions and students who are IDEA protected.<br />

Fewer than 10 days =<br />

Short-Term Removal<br />

No educational services (FAPE) required unless<br />

provided to non-disabled students.<br />

Not a change of placement.<br />

No manifestation determination required.<br />

No functional behavior assessment or behavior<br />

intervention plan required.<br />

More than 10 days =<br />

Long-Term Removal<br />

Student must receive services determined to be<br />

necessary for student to progress in the general<br />

curriculum and advance toward IEP goals.<br />

IEP Team must meet.<br />

Review IEP.<br />

Consider special factors, supplementary aide and<br />

services (BIP).<br />

Determine more assessment data needed.<br />

Conduct FUBA.<br />

Develop and implement BIP.<br />

This LRBI <strong>Guidelines</strong> document does not mandate when a FUBA or BIP must be utilized by an IEP team. However,<br />

federal regulations IDEA and USOE Special Education Rules state that the LEA must (1) conduct a functional<br />

behavioral assessment and (2) implement a <strong>Behavioral</strong> Intervention Plan.<br />

As appropriate, the student should receive a functional behavioral assessment<br />

and behavior intervention services and modifications that are designed to<br />

address the behavior (§300.530(d)(1)(ii)).<br />

A student’s IEP team must conduct a manifestation determination whenever it proposes to change the educational<br />

placement of a student with disabilities by removing the student from school more than 10 days due to a violation<br />

of the school’s code of conduct.<br />

MANIFESTATION DETERMINATION. (§300.530)<br />

1. Within ten (10) school days of any decision to change the placement of a student with a disability<br />

because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the<br />

student’s IEP team (as determined by the parent and the LEA) must review all relevant information in<br />

the student’s file, including the student’s IEP, any teacher observations, and any relevant information<br />

provided by the parents to determine:<br />

a. If the conduct in question was caused by, or had a direct and substantial relationship to, the<br />

student’s disability; or<br />

b. If the conduct in question was the direct result of the LEA’s failure to implement the IEP.<br />

2. The conduct must be determined to be a manifestation of the student’s disability if the LEA, the<br />

parent, and relevant members of the student’s IEP team determine that the misconduct was caused by<br />

or had a direct and substantial relationship to the student’s disability, or was the direct result of the<br />

LEA’s failure to implement the IEP.<br />

3. If the LEA, the parent, and relevant members of the student’s IEP team determine that the misconduct<br />

was the direct result of the LEA’s failure to implement the IEP, the LEA must take immediate steps to<br />

remedy those deficiencies.<br />

85

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!