Public Agency Case Study

Additionally, if a student is removed for more than ten days in a school year, the public agency has no other choice but to meet the requirements in sections 4 and 5 of Rule 44 in Article 7. Overall, if the student is removed for more than ten days, the public agency is required to determine if a change of placement has occurred. If the change in placement has occurred, the public agency must follow sections 4 and 5, nevertheless if the change of placement has not occurred, the public agency must follow section 3 of this particular rule. An in-school suspension is not considered a suspension if the student has the opportunity to progress correctly in the general curriculum, receive services in IEP, and participate with nondisabled students
as in present placement. Through Article 7, it is understood that there are specific guidelines when determining the disciplinary change of placement. A removal or series of any removal may result in a change of placement if the removal consists of more than ten consecutive days, if the student has a series of removals, which establishes a pattern, or if the public agency determines patterns on a case-by-case foundation (Discipline procedures, 2014). Manifestation Determination is a significant point when it comes to disciplining.
Within ten instructional days of any removal that results in a change of placement, the case conference committee is required to meet to determine whether the student’s behavior is an indicator of the student’s disability. At this meeting, the necessary information must be reviewed from the student’s current records. This information includes the individual education plan, teacher information, and all of the necessary information for parents Generally, the case conference committee determines if the student’s conduct was caused by, or had a direct substantial relationship to, the student’s individual disability or if the direct result of the public agency’s failure to implement the IEP. If the committee finds that the answer to either of the question is yes, the behavior of the student is considered to be a manifestation of the student’s disability. However, if the conduct was the direct result of the public agency’s failure to implement the IEP, the public agency must take direct steps to fix those insufficiencies (Discipline procedures,
2014). According to Article 7, the Functional Behavior Assessment (FBA) is a process that uses data to identify patterns in the student’s behavior and the purpose or function of the behavior for the student. It is significant to consider that this may require parent consent if it is an educational evaluation to determine special education eligibility. However, parent consent is not required when existing data is reviewed. Generally, the purpose of behavior is to get or to avoid something. Depending on the severity of the student’s behavior, the collection and analysis of data will vary in length and opportunity. The results and analysis of the data collection are used in developing the student’s behavioral intervention plan. The FBA is conducted by a group of individuals and includes assessment of when and where the behavior occurs and does not occur (“Functional behavioral assessment”, 2014). Additionally, the behavior intervention plan plays a significant role in determining the student’s disposition, which is agreed upon by the case conference committee and eventually incorporated into a student’s IEP.
This plan describes the pattern of behavior that impedes the student’s learning or the learning of other individuals. The BIP also describes the purpose or function of the behavior as identified in the Functional Behavior Assessment. There are positive interventions and supports to address the behavior and maximize the consistency of implementation across people and settings in which the student is involved. Specific skills will be taught and monitored in an effort to change a specific pattern of behavior of the student, if applicable. The BIP must be agreed upon during a case conference committee meeting with the parent in order to be implemented (“Behavioral intervention plan”,
2014).
The rights of the family are significant because when it comes to discipline, the parents and or family have the right to mediation and due process. Mediation means a voluntary process in which the parent and public agency representative attempt to resolve a complaint. The right to due process includes an arrangement initiated by a student’s parent, public agency, or the state education agency and an independent hearing officer directs this when there is a certain disagreement. According to Article 7, the public agency must ensure that the student with a disability and their parents are given procedural safeguards, as well as a free and appropriate education. The procedural safeguards can include a standard notice, written in understandable language, provided in the mode of communication, and printed in an easy to read format (Complaints, mediation, and due process procedures, 2014).
In conclusion, the six pillars of the Individuals with Disabilities Education Act play a significant role in determining certain points of a child’s life. Response to intervention determines the student’s necessary behavior requirements, which includes three significant tiers. The evaluation and eligibility of a student is also crucial in creating a successful life for the individual. Without placement, the student would not have various opportunities throughout his or her lifetime. Discipline is another key factor and professionals are required to follow the school’s procedure. Overall, the world of special education includes multiple aspects that determine a student with a disability’s response to intervention, eligibility, evaluation, and discipline.