What's the Process?

The law requires that all public schools ensure that all eligible children with disabilities have a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) based on a student’s individual needs. The Wachusett Regional School District is responsible to offer students programs and services that will allow students to make meaningful, effective progress commensurate with their individual potential academically, socially and emotionally. 

Below are links to many special education laws and regulations.  The legal references below are often needed by Massachusetts parents. Each section has pertinent information that is easily accessible.

• Americans with Disabilities Act
• Assistive Technology and Accessibility
• Family Education and Privacy Act (FERPA)
• Individual with Disabilities Education Act
• No Child Left Behind
• Special Education Laws and Regulations
• Special Education Guidance, Advisories and Technical Assistance
• 504 Rehabilitation Act

Referral for Special Education:

The regulations indicate that school districts must ensure a responsive school environment that meets the needs of all students. All students deserve learning environments that are safe, inclusive, supportive, and fair. Schools can both keep their school community—including students and school staff—safe while ensuring every student is included, supported, and treated fairly. Consistently applied, evidence-based approaches to discipline are important tools for creating learning environments that are foundational to the success of all students. 

This district has established a Multi-Tiered Systems of Support (MTSS) is a to ensure that each and every student receives a high quality educational experience. The creation of this system will allow the district with proactively identifying and addressing the strengths and needs of all students by optimizing data-driven decision-making, progress monitoring, and the use of evidence-based supports and strategies with increasing intensity to sustain student growth.  Last year the district adopted a District Curriculum Accommodation Plan (DCAP) to ensure that all students could receive the necessary supports they require in general education.

A student can be referred for an evaluation by a parent/guardian or professional who is concerned about a student’s development.  Once a referral for evaluation has been requested, the district must without delay, within 5 school days, must send notice and seek permission to conduct an initial evaluation for special education eligibility to the parent/guardian.  A Notice of Proposed Action (N1) and an Evaluation Consent Form (N1A) will be sent seeking parental signature and consent to evaluate the student.  In addition a copy of the Parental Notice of Procedural Safeguards will also be included.  Parent consent for an evaluation must be obtain before initiating the evaluation.

All referral are submitted to the TEAM Chairperson at each school.  Parents/Guardians are contacted to clarify and discuss concerns to assist with the development of the evaluation plan to ensure the student is tested in all areas of suspected disability.  
 

Private School Referrals

For students enrolled in a private school who live within the Wachusett Regional School district where an evaluation has been requested, the parent/guardian should register their child at the school their child would be attending if they were in district.  Once registration is complete, the school who received the referral has an obligation to notify the parent in writing within five school working days of the referral and provide them with an evaluation consent packet (Parental Notice of Procedural Safeguards, N1, and evaluation consent).

Initial Evaluation

Upon consent of a parent, the school district shall provide or arrange for the Initial Evaluation of the student by a multidisciplinary team within 30 school days. The assessments used shall be adapted to the age of the student and all testing shall meet the evaluation requirements set out in state and federal law. The school district shall ensure t
hat appropriately credentialed and trained specialists administer all assessments.

The Wachusett Regional School District will complete the following required assessments:

• An assessment in all areas related to the suspected disability:
  • An assessment of the student’s educational progress in the general curriculum
  • An assessment of the student's attention skills, participation behaviors, communication skills, memory, and social relations with groups, peers, and adults.
  • The school district shall also thoroughly evaluate and provide a narrative description of the student's educational and developmental potential.
  • When a child is being assessed to determine eligibility for services at age three, an observation of the child's interactions in the child's natural environment or early intervention program or private preschool is an essential element.
  • For children who are receiving early intervention services, Wachusett Regional School District will use current and appropriate assessments from early intervention teams, whenever possible, to avoid duplicate testing.

• Optional Assessments:  The Team Chairperson may recommend or a parent may request one or more of the following:
  • A comprehensive health assessment by a physician that identifies medical concerns or constraints that may affect the student's education. The school nurse may add additional relevant health information from the student's school health records.
  • A psychological assessment by a licensed school psychologist.
  • A home assessment that may be conducted by a nurse, psychologist, social worker, guidance or adjustment counselor, or teacher and includes information on pertinent family history and home situation and may include a home visit, with the agreement of a parent.

• In addition to academic considerations there will be considerations of what related services may be required (such as: speech and language evaluation, occupational therapy evaluation, physical therapy evaluation, psychological evaluation, social emotional assessment, functional behavioral assessment, health assessment and orientation and mobility.)
• Each evaluator conducting an assessment shall summarize in writing the procedures employed, the results, and the diagnostic impression, and shall define in detail and in educationally relevant and common terms, the student's needs, offering explicit means of meeting them. Summaries of assessments shall be completed prior to discussion by the Team and, upon request, shall be made available to the parents at least two days in advance of the Team discussion at the meeting occurring pursuant to 603 CMR 28.05(1).

Sample Evaluation Consent Form

Re-Evaluations

Re-evaluation must be conducted for each student on an IEP every three years or more frequently if requested or recommended. If the district suspects that a student is no longer eligible for Special Education services, a re-evaluation must occur prior to any change in the determination of eligibility.

All requirements that are mandated for Initial Evaluations must be followed for re-evaluations. Assessments and assessment reports must focus on the suspected disability as well as the student’s current level of performance.
 

Independent Educational Evaluation

Upon receipt of evaluation results, if a parent disagrees with an initial evaluation or reevaluation completed by the school district, then the parent may request an independent education evaluation.

• All independent education evaluations shall be conducted by qualified persons who are registered, certified, licensed or otherwise approved and who abide by the rates set by the state agency responsible for setting such rates. Unique circumstances of the student may justify an individual assessment rate that is higher than that normally allowed.
• The parent may obtain an independent education evaluation at private expense at any time.
• Public funding of independent education evaluations - When the parent requests public funding for an independent education evaluation, the district shall abide by the following provisions for a sliding fee scale:
• If the student is eligible for free or reduced cost lunch or is in the custody of a state agency with an Educational Surrogate Parent appointed in accordance with federal law, then the school district shall provide, at full public expense, an independent education evaluation that is equivalent to the types of assessments done by the school district. No additional documentation of family financial status is required from the parent.
  • If the family financial status is not known, the district shall offer the parent information about the sliding fee scale and the opportunity to provide family income information to determine if the family may be eligible for public funding of all or part of the costs of an independent education evaluation. Provision of financial information by the family is completely voluntary on the part of the family. The lack of financial information provided by the family will disqualify the family from such additional public funding of all or part of the costs of an independent education evaluation under 603 CMR 28.04(5)(c) but shall not limit the rights of parents to request public funding under 603 CMR 28.04(5)(d).
  • If the family agrees to provide financial information, such information shall include anticipated annual income of the family, including all sources of income and verifying documents. Financial information shall be reviewed by the district, shall be kept confidential during review by the district, shall not be copied or maintained in any form at the district except to note that information was provided and reviewed and met or did not meet sliding fee scale standards. Financial documents shall be promptly returned to the parent upon the district's determination of financial income status.
  • The district shall consider family size and family income information in relation to Federal Poverty Guidelines and shall contribute public funds to the costs of the independent education evaluation according to the following standards:
    • If the family income is equal to or less than 400% of the federal poverty guidelines, the district shall pay 100% of the costs of an independent education evaluation.
    • If the family income is between 400% and 500% of the federal poverty guidelines, the district shall pay 75% of the costs of an independent education evaluation.
    • If the family income is between 500% and 600% of the federal poverty guidelines, the district shall pay 50% of the costs of an independent education evaluation If the family income is over 600% of the federal poverty guidelines, the district shall have no obligation to cost-share with the parent.
  • When the parent seeks and receives public funding for an independent education evaluation under these provisions, the parent may request independent assessments in one, more than one, or all of the areas assessed by the school district.
  • The right to this publicly funded independent education evaluation under 603 CMR 28.04(5)(c) continues for 16 months from the date of the evaluation with which the parent disagrees.
• If the parent is requesting an independent education evaluation in an area not assessed by the school district, the student does not meet income eligibility standards, or the family chooses not to provide financial documentation to the district establishing family income level, the school district shall respond in accordance with the requirements of federal law. Within five school days, the district shall either agree to pay for the independent education evaluation or proceed to the Bureau of Special Education Appeals to show that its evaluation was comprehensive and appropriate. If the Bureau of Special Education Appeals finds that the school district's evaluation was comprehensive and appropriate, then the school district shall not be obligated to pay for the independent education evaluation requested by the parent.
• Whenever possible, the independent education evaluation shall be completed and a written report sent no later than 30 days after the date the parent requests the independent education evaluation. If publicly funded, the report shall be sent to the parents and to the school district. The independent evaluator shall be requested to provide a report that summarizes, in writing, procedures, assessments, results, and diagnostic impressions as well as educationally relevant recommendations for meeting identified needs of the student. The independent evaluator may recommend appropriate types of placements but shall not recommend specific classrooms or schools.
• Within ten school days from the time the school district receives the report of the independent education evaluation, the Team shall reconvene and consider the independent education evaluation and whether a new or amended IEP is appropriate.

Extended Evaluation

If the Team has determined that a student is eligible for special education and that an extended evaluation is appropriate, the Team shall write a partial IEP with the information available. In the "additional information" section of the IEP form, the school district should specify that an extended evaluation is being conducted and list the assessment(s), location of where the extended evaluation will take place, and the estimated date of completion. In addition, the school district must complete an Extended Evaluation Form.

On this form, the district will indicate the current evaluation findings, what assessments need to be completed, the location where the extended evaluations will be completed, the anticipated completion date, among other required information. The school district must also complete all sections of the Administrative Data Sheet.  The "assigned school information" section of the Administrative Data Sheet should list the school of origin not the location of the extended evaluation, if other than the school of origin. The school district should attach the Administrative Data Sheet to the partial IEP and the Extended Evaluation Form and provide it to the parents and/or guardians in order to seek parental consent of the partial IEP and for the extended evaluation. The school district should retain a copy for the student's file.

If accepted by the parents or guardians, the partial IEP should be immediately implemented at the same time that the extended evaluation is taking place. This ensures that a student is not denied services already deemed necessary by the Team. The parents or guardians may also accept, reject, or reject in part, the extended evaluation or request another Team meeting. If the parent accepts the extended evaluation, the school district must proceed to arrange for the extended evaluation and the necessary assessments. If the school district is referring the student to a collaborative or approved special education school for the extended evaluation, it should provide all of these forms and any recently completed evaluations, assessments, and other relevant information related to the areas of suspected and/or identified disability, to the collaborative or approved special education school. The collaborative or approved special education school is not the student's placement, but rather is the location where the additional assessment(s) is being conducted. The Team may decide to meet during the extended evaluation period, and shall reconvene before the end of the extended evaluation period to provide the Team with opportunity to review the new assessment results and determine the appropriate services and placement for the student. The district should establish a date for this meeting at the beginning of the extended evaluation period so that there is no delay in the completion and implementation of a full IEP that complies with all federal and state special education laws.
 

End of Year Consent To Evaluate

If the district receives evaluation consent form within thirty to forty-five days prior to the end of the school year, the Team Chairperson will make sure that a Team meeting is scheduled prior to the end of the school year. However, if the district receives an evaluation consent form fewer than thirty school days prior to the end of the school year, the timeline of the evaluation process starts at receipt of consent, but stops on the last day of school and then restarts at the start of the following school year. (603CMR28.05) 
 

Private Evaluation at Parent Expense

When a parent provides a private evaluation to the school district for a student who is NOT currently receiving Special Education services, the TEAM Chair shall contact the parent regarding concerns.   If it is determined that the student should be referred for a Special Education evaluation, Wachusett Regional School District maintains its right and responsibility to perform an evaluation. The private evaluation will be considered as part of the comprehensive evaluation. 

When students who are already receiving Special Education services and supports whose parent(s) submit private evaluations, the school district has 10 school days to schedule a Team meeting to review and consider information and recommendations included in the report. The Special Education TEAM chair will schedule the Team meeting. 

In the event that a parent provides a private evaluation during the three-year evaluation process, the district must still conduct its own assessments. The Special Education TEAM chairperson should request a copy of the evaluation or testing procedures used, in order to ensure the district does not duplicate testing, as this would invalidate the results of the later evaluation. The parents must provide the Team with a complete copy of the written report for the Team to consider the recommendations. 

The individualized education program (IEP) is a legal document which is designed to outline the student’s special education needs as well as those goals and special education services required in order for the student to access the curriculum and make effective progress. Each plan is individually tailored to the student’s specific needs. Please see the IDEA regulations at 603 CMR 28.00.

The Department of Elementary and Secondary Education provides a copy of the guide of how to use the forms and the intent of each area of the IEP. Reviewing the guides will assist with the steps of the IEP process.

• IEP Process Guide
• DESE IEP Improvement Project
• New IEP Quick Reference for Parents
• New IEP Sample

A copy of the drafted IEP must be provided immediately after a team meeting, or within 10 days, as our school district provides a draft and a summary of services at the meeting. Once the draft IEP is reviewed school placement is discussed.

• Sample Team Proposal

At the Team meeting, after the IEP has been developed, the Team shall consider the identified needs of the student, the types of services required, and whether such services may be provided in a general education classroom with supplementary aids and/or services or in a separate classroom or school. The Team shall consider all aspects of the student's proposed special education program as specified in the student's IEP and determine the appropriate placement to provide the services. The Team shall determine if the student shall be served in an in-district placement or an out-of-district placement and shall determine the specific placement according to the following requirements:

(a) The decision regarding placement shall be based on the IEP, including the types of related services that are to be provided to the student, the type of settings in which those services are to be provided, the types of service providers, and the location at which the services are to be provided.

(b) The placement selected by the Team shall be the least restrictive environment consistent with the needs of the student. In selecting the least restrictive environment, consideration must be given to any potential harmful effect on the student or on the quality of services that the student needs.

• Annotated IEP Checklist
• Meeting Attendance: Excused Provider Form

Essential Team Members
When convening an IEP team, the list below are the mandated members of the IEP TEAM:

• Student’s parent/guardian, the student, if they are 14 years of age or older. Please know we encourage student participation in the meetings, and often parents request students to participate prior to age 14. We work with families to determine if a student should participate in all or some of the meetings.
• A District representative who has the authority to commit district resources (TEAM Chairperson)
• A general education teacher who is knowledgeable about the student
• A special education teacher who is knowledgeable the student Professionals who have credentials that allow them to interpret evaluation results for each assessment completed

At times, there may be outside collaterals that will attend IEP meetings, such as adult transition agencies, outside therapists, outside evaluators or other invited members requested by parents. In the vent you plan to bring an attorney or advocate to a meeting, kindly notify the TEAM chairperson.

Students on IEP's receive progress reports on the same schedule as students without IEPs. The Wachusett Regional School District issues IEP progress reports during each grading period. Massachusetts and federal regulations require these progress reports to answer the following key questions:

• What is the student’s progress toward the annual goal(s)?
• Is the progress sufficient to enable the student to achieve the annual goal by the end of the IEP period?

The Wachusett Regional School District is committed to producing progress reports which include specific data points that reflect progress toward each goal.

• Sample Progress Report

The Department of Elementary and Secondary Education have provided guidance on "extended school year" (ESY) programs for children with special needs. ESY programs are described under state and federal special education requirements and have been further interpreted through case law and through advisories issued by the U. S. Department of Elementary and Secondary Education, Office of Special Education Programs (OSEP).

The following questions and answers provide the basic requirements for ESY programs as they proceed to implement these opportunities for children with special needs in Massachusetts.

• Couldn't all children benefit from "extended year programs", not just children with special needs?
  All children "regress"--lose progress, forget, and revert to previous behavior--to some extent between school years. It must be determined whether a child's regression would likely be substantial, and whether the child would require a greater than usual time to "recoup"--to get back to the level the child had achieved before a break in service.


• What if a school district doesn't offer "summer school"?
  ESY programs are not "summer school"; therefore, school districts cannot categorically refuse to consider ESY programs because districts do not offer "summer school" to all children.


• At what point does a school district decide whether or not a child with special needs is eligible for ESY programming?
  At least once annually the child's Team must consider the need for an extended school year program and record its determination on page 6 of the IEP. A Team's determination regarding the need for an ESY program must be made on an individual basis.


• May the TEAM "wait and see" if a child experiences substantial regression during a break in service before it determines whether ESY services should be proposed?
  No. The child's Team must not put off a determination to offer ESY programming until the end of a break in service (i.e., summer vacation). The Team must consider the need for such services prior to the beginning of the break in service by anticipating whether substantial regression and problems with recoupment will occur in the absence of ESY services. ESY programs should be a continuation of the education benefits that accrue to a child during the regular school year and should be consistent with the child's IEP goals and objectives addressed throughout the regular school year; however, they don't necessarily have to be the same services delivered at the same frequency as provided during the regular school year.


• Which children are eligible for extended school year programs?
  ESY programs may not be limited to children with special needs in certain program types (e.g., substantially separate settings) or to children with certain types of special needs. Decisions about ESY programs must be made on an individual basis, taking into consideration the unique needs of the child.


• Must ESY services described on an IEP be provided at no cost to the child's parent(s)?
  Yes.


• May "recreation programs" be considered extended year programs?
  Federal special education regulations under the Individuals with Disabilities Education Act (IDEA) do provide for "recreation programs" as related services. Therefore, an ESY program may consist of, or include, a recreation program. As with all special education services, educational goal(s) and objectives for a recreation program must be included in a child's IEP. Note, however, that state special education regulations indicate that camping or recreation programs provided solely for recreational purposes and with no corresponding IEP goals or specially designed instruction shall not be considered extended year programs.


• How is the concept of "recoupment" used by a Team in determining the need for extended school year programming?
  The Department of Elementary and Secondary Education interprets a child's difficulties with "recoupment" to be an aspect of "significant regression". Specifically, significant regression and recoupment consist of the following interrelated elements:
  • the loss of performance levels that were attained before a break in service,
  • the child's limited learning rate, which lengthens the amount of time the child requires to review and/or relearn previously attained objectives, and
  • the fact that the time for that child to accomplish such recoupment is greater than the period of time the school district allows all other children for review and/or relearning.


• What other criteria should a Team apply in making a determination for needed ESY programming?
  Any decision regarding needed ESY programming must take into account the child's history of significant regression and limited recoupment capability. In other words, a child's Team must look backward and forward when considering the need for ESY programming.


• In addition to significant regression and/or limited recoupment, courts have set forth other ESY criteria to be applied by a Team, as follows:
  • the degree of the child's impairment
  • the parents' ability to provide structure at home
  • the child's rate of progress
  • the child's specific behavior and/or physical problems
  • the availability of alternative resources
  • the child's ability to interact with non-disabled children
  • the specific curricular areas in which the child needs continuing attention
  • the vocational and transition needs of the child
  • whether the service requested is "extraordinary" rather than usual in consideration of the child's condition

Only when all factors are considered together by the child's Team can a determination be made as to how much service will be offered. The forms below are used by the WRSD faculty to collect data about students' regression:

• ESY Student Considerations
• ESY Sample Data Sheet

Federal special education regulations require that at least one year prior to the student reaching age 18 the student and the parent must be informed about the rights that will transfer from the parent to the student upon the student's 18th birthday. See 34 CFR §§300.320(c) and 300.520. The notification provided to both the parent and the student must explicitly state that all rights accorded to parents under special education law will transfer to the 18 year old student and that the parent will continue to receive all the required notices from the school district and will have the right to inspect the student's records, but will no longer make special education decisions for the adult student.

Federal regulations also require that the IEP developed for the 17 year old student include "a statement that the child has been informed of the child's rights under Part B of the Act that will transfer to the child on reaching the age of majority." See 34 CFR §300.320(c). When a student turns age 18, all of the decisions-making rights in special education that have been exercised by the parent transfer the adult student, unless;

• A court has appointed a legal guardian for the student, or
• The student indicates that he or she wants to share decision-making with his or her parent (or other willing adult), or
• The student indicates that he or she wants to delegate decision making to his or her parent (or other willing adult)

Students have the ability to decide if they will:  (1) assume all decision making, (2) share decision making with their parents or (3) the parent(s) guardians(s) will continue to make decisions.

For more information, see: Administrative Advisory SPED 2011-1

The Wachusett Regional School District works to ensure that students have a post-secondary plan when they exit high school. Planning for the transition to adult life depends on a variety of factors including the nature and severity of the disability along with the student’s vision. For Massachusetts students receiving special education services, Secondary Transition is a time that begins when students turn 14 (or earlier, if the IEP team agrees). From age 14 until a student graduates or turns 22, students on IEPs receive transition services through their public school districts. Transition services are defined by federal law (the Individuals with Disabilities Education Act, or IDEA) as a "coordinated set of activities designed to be within a results oriented process to facilitate the student's movement from school to post-school activities." Transition services are based on the individual student's needs, taking into account his/her strengths, preferences, and interests. These services help young adults to live, work, participate in the community, and go on to further education or training as independently as possible when they leave high school. School districts must use the Transition Planning Form to record the results of this annual discussion. The student’s IEP must include measurable post-secondary transition goals, objectives and services based upon an appropriate assessment of his or her disability and transition needs.

• Sample Transition Planning Form
• Transition-Factsheet: School to Adult Life

Chapter 688 Referral
A Chapter 688 referral is a way to help adult agencies, schools, and families to identify and plan ahead for needed adult services for students with severe disabilities.

• Chapter 688 Parent Brochure
• Sample Referral Form

IEP Processes Related to Bullying Concerns

Chapter 92 of the Acts of 2010 requires school leaders to create and implement strategies to prevent bullying, and to address bullying and retaliation promptly and effectively if they occur. Sections 7 and 8 of the law have specific implications for the IEP process and for students with disabilities.

Section 7 states: Whenever the IEP Team evaluation indicates that a student's disability affects social skills development, or when the student's disability makes him or her vulnerable to bullying, harassment, or teasing, the IEP must address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. (G.L. c. 71B, §3, as amended by Chapter 92 of the Acts of 2010.)

Section 8 states: For students identified with a disability on the autism spectrum, the IEP Team must consider and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. (G.L. c. 71B, §3, as amended by Chapter 92 of the Acts of 2010.)

Addressing the Needs of Children with Autism Spectrum Disorder

Chapter 57 of the Acts of 2006, entitled An Act To Address The Special Education Needs Of Children With Autism Spectrum Disorders, took effect. This law, which amends M.G.L. c. 71B, § 3, requires that IEP Teams consider and address in the IEP discussion certain specific needs of students with disabilities on the autism spectrum.

Technical Assistance Advisory - Autism Spectrum Disorder

Procedural Protections Pertaining to Student Discipline:

Wachusett Regional School District has procedures in place to assure a safe learning environment for students. Each school within the district has a student handbook that outlines their rules of conduct so that students know how they are expected to behave. If a student violates the school code of conduct, the school may discipline the student. In general, any student may be suspended or removed from school for disciplinary reasons for a short time, which is no more than 10 days. Before any removal or suspension the student must be told what he or she is accused of having done and must be given a chance to tell his or her side of the story. During a short disciplinary removal, the school is not required to provide instruction to a disabled student unless it does so for non-disabled students. Once a student with a disability has been removed from the school placement for more than 10 cumulative days during the school year the student must receive educational services that will allow the student to continue to participate in the general education curriculum and to progress toward the goals set out in his or her IEP. School officials must consult with at least one of the student’s teachers to determine what services are necessary. These services must begin on the 11th school day of a student’s disciplinary removal during the school year and continue during the disciplinary removal.

There are special disciplinary rules for students with disabilities who have been found eligible for special education.  These rules apply as soon as a student is removed from his or her current education placement for more than 10 days in a row, or if a student is removed for disciplinary reasons for more than a total of 10 days in any school year and there is a pattern of removal for comparable behaviors. In the event a student is suspended for 10 school days, the school will  notify the parent or guardian as soon as the decision is made to remove a student from his or her education placement for more than 10 days and will provide the parent with a copy of this Notice.

The student’s IEP Team must meet within 10 days of the school’s decision to impose the discipline. At this meeting, called a “manifestation determination,” the parent and other members of the IEP Team will determine if the behavior was caused by or had a direct relationship to the student’s disability, or was the direct result of the school’s failure to provide the services required by the student’s IEP. In making the manifestation determination, the IEP team must consider relevant information from the student’s file, including his or her IEP, parent and teachers’ observations of the student’s behavior, and any relevant information provided by the parent.

If the team determines that the student’s behavior was not caused by or directly related to the student’s disability or the failure to properly implement the IEP, then a student with a disability can be disciplined in the same manner and for the same length of time as other students are disciplined for the same offense. 

The IEP Team, however, must determine the interim alternative educational setting (IAES)  where the student will be placed and the educational services that will be provided. An IAES is a setting other than the student’s current placement that enables the student to continue to receive educational services according to his or her IEP. School personnel may consider the student’s unique circumstances in determining whether a change in placement is appropriate for a student with a disability.

If the Team determines that the student’s behavior was caused by or directly related to the student’s disability or the failure to properly implement the IEP, then the student must be returned to the last approved IEP placement unless the IEP Team, including the parent, decides on a different placement. The student must also be provided a functional behavioral assessment (FBA). An FBA is a comprehensive assessment of behavior that provides the IEP Team with information about the student’s behavior and identifies behavioral intervention services and program modifications that are designed to address the behavioral violation so it does not recur. If the student has already had a functional behavioral assessment and has a behavioral intervention plan, then the IEP Team should determine if any changes should be made to the behavioral intervention plan. If the behavior was caused by the failure to properly implement the IEP, the school must take immediate steps to remedy the deficiencies.    

Note that if a student possessed or used a weapon or drugs, or caused serious bodily injury to another person on school property or at a school event the student may be placed by the principal in an IAES for up to 45 school days without regard to whether the behavior is determined to be a manifestation of the student’s disability. The IEP Team will determine the IAES and the appropriate educational services that will be provided to the student while he or she is in the IAES.

• Discipline of Special Education Students under IDEA 2004
• Manifestation Determination Summary Sheet