# data[].attributes.body
My professional perspective as a high school counselor focuses on college career pathways.  I am pursuing my masters degree in Guidance and Counseling while working at an alternative high school campus which allows students to graduate early as well as recover credits if necessary.  This legal Guide Padlet is a resource guide for counselors and teachers to provide knowledge about IEP/504 plans and why certain student population of students cannot be removed from their educational environment for inappropriate behavior or disrupting the classroom environment.

I chose this topic because every year when data is discussed in professional development, teachers are told that they are required to minimize the amount of referrals, implement phone logs and calls to parents documenting every time students have inappropriate disruptions in the classroom environment, and implement teacher course of action to reduce further disruptions.  Teachers are also required to implement more social and emotional learning techniques within their lesson plans without additional adult assistance within the classroom.

# data[].attributes.body
I interviewed Jerry Statos, Principal of Manor Excel Academy.  We discussed his largest issue as an administrator when suspending students and the working with federal laws that prohibit him from treating all students who commit offenses that require disciplinary actions equally.

Why is Individual with Disabilities Education Act of 1975 and Rehabilitation Act of 1973 important to educators?

Mr. Statos explained that when he is faced with removing a student for fighting, drugs, alcohol, sex, or persistent misbehavior, federal laws prohibit him from suspending or expelling students for more than 3 days in a row and no more than 30 days throughout the entire school year.  A student who is special education or under Section 504, they cannot have long-term suspension or expulsion if conduct in question was caused by, or had direct and substantial relationship to the student's disability.  Crabtree, R. K., (n.d.). Discipline: Suspensions, Expulsions, IEPs. Retrieved from https://www.wrightslaw.com/info/discipl.suspend.crabtree.htm

When trying to suspend special education or Section 504 students, administrators are trained to wait till the second semester to ensure the allotted days are not used within first month otherwise administrators will be required to hold a manifestation hearing.

Best practices in IDEA and Section 504

Mr. Statos indicates what he believes best practices related to IDEA and Section 504 with behavioral students are:

1. Communicate with teachers and counselors the importance of following students Individualized Education Program (IEP) accommodations or Section 504 modifications.
2. Even if a student doesn't fall under IEP or Section 504 use best practices to ensure students are receiving appropriate education in their academic environment.

Emerging Issues

Currently being discussed in legislation and Texas Education Agency (TEA) looping in English Language Learners (ELL'S) in with Special Education and Section 504 plan.  Creating legislation that would make suspending or removing ELL's from academic learning environment more difficult. (J. Statos, personal communication, July 11, 2019).

Jerry Statos, Principal
Manor Excel Academy
Jerry.Statos@manorisd.net
512-278-4851

# data[].attributes.headline
Slide # 3 National Council on Disability

# data[].attributes.subject
Slide # 3 National Council on Disability

# data[].attributes.body
The National Council on Disabilities believes schools still are not faithfully implementing IDEA and other disability rights laws guaranteeing a Free Appropriate Public Education in least restrictive environment.  When it comes to suspending or expelling students NCD recommends response to intervention on protocols to ensure students are not punished if they are on IEP or Section 504 for problematic behaviors which includes implementing academic and behavioral support intervention through Response to Intervention.

This resource was helpful as it showed students of color with disabilities are suspended at a higher rate than white non-disabled peers.   As a counselor, this data needs to be researched further according to their campus data.

National Council on Disabilities (NCD), (2015). Perspectives on Individuals with Disabilities Education Act. Retrieved from https://www.ncd.gov/sites/default/files/Documents/NCD_School-to-PrisonReport_508-PDF.pdf

# data[].attributes.headline
Slide # 4 Reducing Student Suspension Rates

# data[].attributes.subject
Slide # 4 Reducing Student Suspension Rates

# data[].attributes.body
This article from the Learning Policy Institute discusses Every Student Succeeds Act (ESSA) passed in 2015, allows states the opportunity to create new approaches to school accountability and continuous improvement and measure the extent to which students are supported and provided equitable educational opportunities.

To reduce suspension rates schools who have zero-tolerance policies and have pre-determined punishments for specific violations contribute to over use of suspensions and expulsions.  The proposal of policy considerations for implementations for districts to improve their suspension indicators and productivity while trying to eliminate referrals to law enforcement for nonviolent and noncriminal offenses.  Cardlchon, J., & Darling-Hammond, L., & Kostyo, S. (2018, October 03). Making ESSA’s Equity Promise Real: State Strategies to Close the Opportunity Gap. Retrieved from https://learningpolicyinstitute.org/product/essa-equity-promise-suspension-brief

# data[].attributes.headline
Slide # 5 Student suspensions linked to further delinquency

# data[].attributes.subject
Slide # 5 Student suspensions linked to further delinquency

# data[].attributes.body
This article focuses on students who are suspended more likely to commit offenses such as assaults, carry guns, selling drugs, or theft.  Unfortunately, students who are suspended frequently report higher level of delinquencies.
The outcome proposed having schools expand their Positive Behavioral Intervention and Support (PBIS), implementing positive behavior norms and tiered process to work with behavioral students.  Additionally, adding SEL and restorative practice while reducing law enforcement presence while increasing school spending for more counselors and specialized mental health professionals designed for age appropriate levels. Jacobson, L. (2019, July12). Student suspensions linked to further delinquency. Retrieved from https://www.educationdive.com/news/student-suspensions-linked-to-further-delinquency/558574/

Removing students from classrooms should be a last resort and districts should implement climate surveys, behavior incident reports, and additional monitoring strategies to ensure schools are improving learning environments. These best practices would also assist the schools in following processes to reduce racial disparities. Jacobson, L. (2018, April 23). Report: Black stuents with disabilities suspended more than their white peers. Retrieved from https://www.educationdive.com/news/report-black-students-with-disabilities-suspended-more-than-white-peers/521792/

# data[].attributes.headline
Slide # 8 Title VI of the Civil Rights Act 1964

# data[].attributes.subject
Slide # 8 Title VI of the Civil Rights Act 1964

# data[].attributes.body
This federal statutory law prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. Under the Office of Civil Rights (OCR) in the U.S. Department of Education this title has the power to investigate complaints of discipline policies and practices that discriminate based on students' personal characteristics. 42 USC 2000e

# data[].attributes.headline
Slide # 7 Section 504 Rehabilitation Act of 1973

# data[].attributes.subject
Slide # 7 Section 504 Rehabilitation Act of 1973

# data[].attributes.body
Statutory Law

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination on the basis of disability in programs and activities, public or private, that receive federal financial assistance. This law conforms to the definition of disability under the Americans with Disabilities Act Amendments Act (ADAAA). Section 504 does not provide funding for special education or related services, but it does permit the federal government to take funding away from programs that do not comply with the law.
[02 USC] 29 USC 794. Retrieved from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim

# data[].attributes.body
Statutory Law

Individuals with Disabilities Education Act is the nation's federal special education law that ensures public schools serve the educational needs of students with disabilities.  IDEA also requires that school districts provide special education services to eligible students.

Education of Individuals with Disabilities, 20 USC § 1414(a). Retrieved from https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter33/subchapter2&edition=prelim

# data[].attributes.body
Statutory Law

The Family Educational Rights and Privacy Act (FERPA)  is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." 20 USC 123g. Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

# data[].attributes.body
- IDEA is an educational enefit law which provides services and protections for those students who have disabilites.
- IEP's must be tailored to the child's unique need or disability and must result in educational benefit.
-Section 504 is a civil rights law designed to level the playing field for individuals with disabilities.  Individuals with disabilities have the same access to education that individuals with out disabilities have.
-Free Appropriate Public Education (FAPE) all children have the right to full participation in academic atmosphere regardless of the nature or severity of the disability.
"No otherwise qualified individual with a disability in the United States...shall, solely by reason of her or his ability, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under program or activity receiving federal financial assistance." (34 CFR § 104).
- The relationship counselors have with administrators could be the first line of defense when dealing with IEP versus Section 504 students who have committed actions deemed punishable by removing students from academic environment.  Counselors can provide SEL techniques and utilize additional programs to place students in an appropriate academic environment while working on improving positive normal behavior characteristics.
- Administrators can only remove a student from their academic environment up to 30 days for entire school year and no more than 3 days in an in-school suspension.  If a student is placed in an alternative campus, districts decide if it is a 30 or 45 day placement.
-Office of Civil Rights (OCR) in the Department of Education has the power to investigate any activities which may be illegal in removing students with disabilities from their academic environment if a committee deemed students inappropriate behavior was a direct result of their disability.
- Black students with disabilities miss more instructional time due to suspensions more than white students with disabilities.  Working towards reducing suspensions while implementing positive alternative programs and or therapy can improve students behavior and their academic output.
- Professional development for teachers, counselors, and administrators understanding IDEA and Section 504 plans and the impact these laws have in regards to dealing with removal of students from their academic environment and how they can be a positive force in assisting administrators.  More specific training for all administrators who will be in charge of discipline is required.

# data[].attributes.headline
Slide #12 School Discipline and Students with Special Needs

# data[].attributes.subject
Slide #12 School Discipline and Students with Special Needs

# data[].attributes.body
Parent Network Resource Center educates parents on school processes with special needs and Section 504 students and how these students can be disciplined.  This organization offers information for students whom may not have an IEP bu the school knows the student may have a disability so parents can advocate for testing and ARD meetings.  Parent Network Resource Center. (2014). School Discipline and Students with Special Needs. Retrieved from https://matrixparents.org/wp-content/uploads/2015/03/Discipline.packet1114.Eng_.pdf

# data[].attributes.body
Accoriding to American School Counselor Association Ethical Standards for School Counselors, administrators and school counselors support each other when dealing with all students and different disciplinary strategies.  When new state laws or effective strategies are introduced opportunities for professional development related to different school counseling practices and ethics should be provided.  Districts, along with outside resources, need to provide appropriate staff supervision and training when using different disciplinary avenues to ensure all students are remaining in their learning environment.  American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors.  Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

# data[].attributes.headline
Slide # 10 Manor Independent Student Code of Conduct 2018-2019

# data[].attributes.subject
Slide # 10 Manor Independent Student Code of Conduct 2018-2019

# data[].attributes.body
Administrative Law

Students who are eligible for services under Individuals with Disabilities Act (IDEA) or Section 504 of the Rehabilitation Act of 1973 are subject to discipline in accordance with those laws.  A student who is enrolled in a special education program may not be disciplined for bullying, harassment, or making hit-lists until an ARD meeting has been conducted.  (Manor ISD Student Code Conduct, 2018).

Discipline is designed to correct student behavior along with encouraging students to comply with school policies and procedures.  In compliance with Title VI, IDEA, and Section 504, Manor ISD reserves the right to implement discipline management techniques to administrators who can discipline students with behavior issues.  Administrators have the ability to consider a variety of factors when administering disciplinary consequences and determining duration of said consequences.
Manor Independent School District. (2018).  Student Code of Conduct, Discipline Considerations and Techniques. Retrieved from https://www.manorisd.net/site/handlers/filedownload.ashx?moduleinstanceid=2037&dataid=512&FileName=Manor%20ISD%20Student%20Code%20of%20Conduct%202018-19.pdf