Educ 412 Affective Behavioral Needs
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DIRECTIONS FOR ALL WIKI ENTRIES: Please type your name in bold before your contribution.

Unit 4: September 17-23

For Unit 4 we are going to use a modified "Carousel Brainstorming", a cooperative learning strategy.

STEP 1: Think of a response to the posted question AND read what was written by the previous person or people.

STEP 2: If you have something new or different to add please put a bullet and your name before your entry. NOTE: Can be on the same line as theirs, just bold your name. OR if you concur with a comment already posted put

"DITTO and bold your name" AND add an example or situation to piggy back what the previous person wrote.


What questions need to be addressed by the school district and the IEP team?

“The Bus”

Jennifer TagtmeyerThis case study brings up a lot of questions based on the info we recieved. Many of the questions have been covered, but if I worked for the school district or was on this IEP team, these are questions I would ask: Was the behavior a manifestation of the ED? Did the student know the consequences of his behavior and intentionally behaved in such a way to not have to attend the day treatement center? What is the history of this student? Why did the bus driver report the incident when it did not occur on the bus? Is the behavior on the bus the problem, or is it waiting for the bus? Providing support at the bus stop seems easier than providing alternative transportation. This student had to have an IEP and either a BIP or BSP based on an FBA, so were these plans being carried out properly? Was this plan communicated to all persons who needed to know it? Who was accountable for ensuring the students needs based on the plans were being meet?

** Mark T. ** Although there are plenty of unanswered questions concerning Student Doe, there is enough information contained in the described circumstances to have a fairly good idea of the best questions and the resulting steps to be taken depending on the answers. My first question is, was there a written behavior intervention plan (B.I.P.) in existence for this fifth grader? If so, did it include all his school settings (including the bus transfer location at the elementary school)? If there was no written B.I.P., then why not? It wasn’t as though the school, and the boy’s I.E.P. team, didn’t know he had severe emotional/behavioral issues. He not only had two prior “misconducts” on the bus but his entire special education placement changed from the majority of his day in a general education classroom to full placement in day treatment – such a placement change doesn’t occur as reward for exemplary conduct; he must have had either severe or repeated conduct issues to warrant such a placement change. If a B.I.P. does occur, and procedures within it encompassed the transfer location at the elementary school, then why were they not implemented at that location by the duty teacher? It’s doubtful that the procedures of an appropriate B.I.P. would call for the duty teacher to merely engage the boy verbally and then direct the bus driver to write him up. It’s pretty clear from the description that the bus write-up system, with its consequence of a “green slip” notification and year-long bus suspension is a general education district-wide procedure. An argument could be made that Student Doe’s I.E.P. was inappropriate because it either wasn’t implemented properly or not written appropriately to include a B.I.P., or a B.I.P. that failed to cover all his educational settings; a B.I.P. is a part of the overall I.E.P. This information is critical for discussion at any subsequent manifestation determination review. It’s an open question as to whether Doe’s I.E.P. team would determine his misconduct in question was or was not a manifestation of his disability when viewed strictly from that perspective; however, if Doe had an otherwise appropriate I.E.P. (B.I.P.) that was improperly implemented, then the manifestation determination review meeting would end quickly in favor of manifestation disability being a causal factor. If Doe’s I.E.P. did not include a properly written B.I.P., then the claim of an inappropriate I.E.P., is plausible and should be noted at the manifestation determination review.

Although the written description of the circumstances does not state as to whether “serious bodily injury” resulted from Doe’s aggressiveness at the transfer location it doesn’t seem to be the case.

Another IDEA regulation that definitely applies to Doe’s situation regardless of the outcome of any manifestation determination review and regardless of whether there was a properly written or implemented B.I.P. as well as regardless of severity of injury that resulted from the misconduct is that of FAPE. A free appropriate public education is more than a regulation, it is one of the foundational pillars of the federal special education law, a basic right for students with special education eligibility. As to the question of whether the district could suspend Doe from the bus for the remainder of the year, the answer is no. This is because the bus suspension directly results in an inability to attend school, or could be so argued, and thus violates FAPE. If the school wanted to place Doe in (another) alternative placement, for 45 school days administratively, or more permanently through the I.E.P. team, then the district would have to provide another transportation arrangement.

John Many of the questions have already been covered. I think the first question for the IEP team is weather this is a manifestation of the SIED? Second, is the student on a BIP? And if not why not? Also, Has a functional behavioral assessment been done? I think the schools authority to act is established and it doesn’t matter who makes the report. The IEP team needs to focus on the student and their needs.

Celeste Burning questions I have: What occurred that caused the student to go from the center based ED classroom to a day treatment classroom. Did the behavior that warrented the transfer to the day treatment classroom present a problem if the student was going to have to wait on the bus? Was there a behavior plan put into place for this student? While the student was at the bus stop, knowing there was a waiting period, did the IEP team take all the necessary step to provide the student with support during this time?

Thane Berg—Ditto. If the student has a change of placement, then likely the LEA had to do a FBA and they have a BIP for the student. I would be willing to bet the most current behavior from the student will be determined to be a manifestation determination. Therefore, the school district can't suspend the student unless the student has committed serious bodily injury to someone, brought a weapon upon school grounds, or sold drugs on school grounds. If the student was unsupervised during the transportation period, then likely the LEA is at fault for not supporting the BIP.

Sharon- Ditto Celeste but I am guessing that making that drastic a change in environment would have required a FBA and a Positive Behavior Plan to have been given and put into place respectively. Was the transport plan well thought out to take into consideration the long wait with other and probably younger students? Ditto Celiann- I too wonder if that elementary school was aware fo the child's disibililty and of any behavioral plan concerning him. I would also wonder whether the bus driver would have been aware of any of those things either. I know in our district the answer would be probably not. Regardless, the duty teacher should not have asked the bus driver to write up the behavior and the bus driver should not have accepted the responsibility since the student was not on the bus at the time. I am curious also what the students behavior and attitude was after he boarded the bus and was away from the playground/bus stop situation. I would assume that the student would have been allowed on the bus that day until the incident was reported the the chain of command was put into place that would reveal that it was a third offense and he could no longer ride.
Celiann As mentioned by others, the teacher that witnessed the incident should have been the one doing the report of the incident. The inital questions the school district and IEP team first should address are: what circumstances could have triggered this child's behavior? Knowing all the facts will help determine whether this was a manifestation of his disability or not. Did he inflict seriously body injury to the other student? Did it happened at a location that is considered to be a school setting, school grounds, or under jurisdiction of SEA or LEA. That would really determine his removal and would determine where to go from there as stated in IDEA regulations - 34 CFR 300.530. Additionally, what does this child's Behavioral Support Plan says? Was the elementary school aware of this child's disability?
As suggested by others, ditto Kezia, the team needs to review the student's BIP to see what has been suggested as possible means for discipline. I come from and work in a rural district, so I may be a bit naive about the behavior of a fifth grader. Yet, I alson have ten years of experience in and around the criminal justice/human services field and realize the implications of such actions require strict enforcement of the rules as they may affect the student's parent and the districts liability. as much as one might need to /desire to think only of the cild, there are many different interests and liabilities that must be explored. The team has many positions to consider. One question that I have is did the duty teacher do right by having the bus driver write up the student in the first place, my position is probably not. The driver did not observe the behavior first hand. It would be my opinion that it was not a violation of the "bus" procedure/ rules since the student was not on the bus at the time. It is a technicality in favor of the student, not that I am pro bad behavior, but it does not seem like the school has necessarily followed procedure to a "t" either. I also wonder about the preparation for the transition that the student is receiving, which is a question that only the IEP/BIP can answer. For example, could an aide be available to assist this student through the transitional bus stop - costly perhaps but worth both the student in question and the other student's safety to have someone present from start to finish. Reviewing any behavioral plan and coming up with strategies to resolve behavioral issues would be an important step.As suggested by others one important point will be a manifestation determination. The results of that independent judgement will be very telling. Any time a "case by case" determination is made there is much left to interpretation of the applicability of the law and of the situation itself.
**Stephanie**DITTO, except I don't believe the bus driver had any right to write up the student because he did not witness the incident. The incident occurred while the child was waiting for the bus which brings up an important question. Why were there no accommodations for this student, who has been determined to have an emotional disability? If there were accommodations, then why were they not in place? Does his IEP specifically list accommodations and discipline procedures that should take place if an incident does occur? Are there any assessment-based intervention strategies that are based on sound instructional and behavior management procedures in place on his IEP? I would think that it would be very difficult for a student such as this to wait for the bus. Arrangements should be made so he does not have to wait for the bus, therefore, preventing any behavior problems. Since the driver did not observe the behavior himself, then there should be no third offense on the student's record. He should not be given a "green slip" implying suspension for the rest of the year. I know very little about the law, but I believe that this student can not be denied bus privileges unless the driver witnesses the incident and the incident occurred on the bus. I believe this would imply to all children. The IEP team of this student should also consider the other instances of when the student waited for the bus. What set this student off this time? What were the reasons for his behavior and how can negative future behavior such as this be avoided? Where the needs of this student met outlined in the eligibility requirements for SIED (page 53). This incident should be an opportunity to provide positive behavioral intervention.
**LindaDitto Stacie I don't think standing and wating for the bus and getting in trouble is a bus infraction. The bus driver didn't witness what happened. The duty teacher should have taken care of it. As was stated by others did they all know he was labeled SIED and what his BSP stated? The main questions to answer are: Was the incident related to his disability? Is there a Behavior support Plan in place? If so, Are there consequences listed for disruptiave or unacceptable behavior as a part of his IEP? Did the school follow thru with their part to accomadate his disability? What happened in the other two infractions? Is there a pattern and can we change something to help this student be successful.****

*Hilary*: The team needs to look at this student's BIP to see what is in place for discipline regarding behavioral misconduct. It is possible that an emergency plan is attached to this BIP for such circumstances. If the district is going to move forward with a possible removal from the bus for the remainder of the year, a manifestation determination will be required. In this determination, a history of misconduct, review of his FBA and BIP are necessary, and since this is only removal from the bus, it may not qualify under a change in placement—-as that was already done. I would love to hear others' thoughts on this.

Sara First off, there are many questions that need to be addressed by the school district and the IEP team. This child, with an emotional disability, may be assessed by personnel on a case-by-case basis when a change in placement is made for the child (this falls under the IDEA 2004 amendments). I figure this does apply to all school conduct, including misconduct on the buses (does anyone know for sure?). A team from the school district, along with the IEP team need to determine if this incident with Student Doe is or is not a manifestation of his disability.

Lea The main question that would need to be addressed has already been posted: Is this a manifistation of the student's disability. Hopefully, this would be accomplished by examining the IEP and any behavioral plan. The next question depending on the answer to the previous question would be is it legal to suspend this child from the bus for an entire year. However, I think the question that needs to be addressed no matter what is: How can the school staff help this student to function on the bus and in school, avoiding further incidents?

Kezia Since Student Doe has already been given a change of placement, I don't think the issue is around that but about the student's behavior during bus transfers at an elementary school. With that being said, the questions that need to be addressed by the district and IEP team are: 1. Has there been a functional behavior analysis done? 2. Is there a positive behavior support plan in place, and if so, what is working and not working? 3. What procedures or modifications are being used to facilitate and assist the student with appropriate behaviors? Who are the key people in this environment, and are there clear, consistent and functionally appropriate expectations being communicated and enforced? When addressing these questions, I believe the district and the IEP team should also keep in mind the students social-emotional and management needs, such as the needs to trust others, to feel self-worth, control impulses, predict the consequences of actions, to feel empathy for others, to cope with stress, to develop an accurate reality orientation, to express emotions appropriately, to have structure, to have controlled group interaction, to have encouragement from others and the need for positive reinforcement. (These needs are outlined in ch. 6 of the CDE Guidebook for Determining the Eligibility of Students with SIED.)
CelesteKezia, you provide a comprehensive list of questions that must be answered before moving forward on termination of bus transportation. I also like the piece about the student's social-emotional and management needs, feeling self-worth, control inpulses etc. Nice job.
Anthony StupnikDITTO to Kezia:A behavior support plan is a must in order to curb these negative tendencies. There must be some sort of consequence that is effective in managing student Doe's behavior. I would also like to know the parent's role in this students life, if there is one. If so, and the parents are willing to maintain consistency at home, this would make for a more manageable student.
GregDITTO to Kazia: The team needs to determine that since this child has been given a change of placement:
1. Does this child’s behavior plan enable the child to remain at the bus transfer station unsupported?
2. What are the other behavioral issues that resulted in disciplinary action?
3. Are other forms of transportation available? Perhaps transportation that does not involve a bus transfer?
4 Does this student have a functional behavior assessment and who is implementing the plan?
Makahla** Ditto to Kezia and Greg: The IEP team has already made the decision to move the student from general ed classroom to a day treatment facility due to his emotional disability, so why are they letting the student do bus transfers unsupervised? Going back to the student being moved to a day treatment facility there are many questions to ask the IEP team about his placement which then might effect the transportation issue. According to the new laws students may be removed for up to 45 school days for serious offenses (like drugs, alcohol and serious harm to other students) or for ten days for minor infractions. Why was this student removed from his school? What was the cause? If it was physical violence toward other students then why would anyone let him transfer buses unsupervised? Is his placement at the day treatment permanent? Also like those before me commented, what interventions were done (behavior plans, possitive support, etc.) before the student was removed? I think there is more concern about what got the student to the day treatment center in the first place and questions about what interventions were done. It seems like the bus problem never should have happened.
Brend SmithDITTO What I am wondering is were the student's goals and objectives from his IEP being implemented in this transportation situation. If his IEP was not being upheld everthing needs to be considered null and void and the first thing that needs to be done is the IEP team needs to convene to see what can be done to avoid this situation. If the student is on medication had his medication been taken? Was he hungry? Was he scared and acting out because he was scared? Did he know any of the adults—the bus driver or bus stop person? Was someone bullying him? Was anyone aware of his behavior issues? All of these questions would be asked at an IEP team meeting and then they could start over trying to keep his behavior from happening.Michael Zimmerman DITTO! To be labeled SIED, your IEP must include a behavior plan. I would say that the district needs to have an amendment policy to their "3 bus write ups=bus riding suspension" for students with special needs. This might involve calling to order a meeting after a student with emotional disorder recieves 1 write-up. The behavior plan could be rewritten with new strategies and special transportation could have been checked on the service page outlining alternative services should the team have deemed appropriate in preventing this situation.

LindsayDITTO to Kezia. I wondered right off the bat what had been done to create a behavior support plan for this student who had already been given a change in placement. If he as been diagnosed with ED, this implies a world of circumstances surrounding this student's daily functioning in the world that are very well outlined by Kezia. I want to know more about why a student whom we can assume is a known risk for unstable emotions is allowed to be unsupervised in a situation such as the bus stop. Granted, there is a teacher present. However, if he/she is not directly aware of the student's background and needs, what can she do to appropriately manage the student's behavior? Doe probably had problems behaving in the regular ed situation in the past, and this may have led to his placement in the day treatment. Is his IEP team at the school still involved in his school day routine for situations such as catching the bus? Hopefully a staff member on the IEP team has a better relationship with Doe and could be present at the bus stop. The school district and the IEP team need to examine what would make this a successful routine for Doe. They need to review behaviors that brought about the original change in services to the Day Treatment center in order to understand if this action at the bus stop is a manifestation of Doe's disability. They need to create a Behavior Intervention Plan and see if there are steps that could be taken to prevent this negative behaviour in the future. And, DITTO to David, as well - they need to examine whether it is acceptable to write up the student for a behavior that did not actually occur on the bus. Yes, the behavior is against shool conduct (I assume), however, if it didn't occur on the bus itself, can this be considered a third write up at all?DITTO Raechelle Salas I am also wondering if the IEP team needs to consider wether they met the SIED components on page 57 of the SIED guidebook. It specifically addresses that environmental management is the foundation for a succesful SIED program. On "page 58 "Environmental management also means that all people in the students environment must work cooperatively toward student success by providing a strong foundation in the following; 1. Consistent expectation communicated and enforced,.. 2. Nurturing, encouragement, and support. 3. Systematic monitoring of student performace and regualr specific feedback about performance." So, if this is the third incident during bus time it appears there are some gaps in supporting this student to succeed.
AshleySince the child has already been changes to a treatment program some questions that the school district and IEP team would need to ask would be: Is this a manifestation of the child's disability?, Is a behavior intervention plan in place for this child?, Where there precursors to the actions that caused this behavior?, and Where there any warnings or consequenses given to the child before being wrote up?
David Ashmore The first question I would ask is why would a student be suspended from riding the bus, if the incident was not on the bus. The rule, as written, was incidents on the bus. This student was not on the bus. I would question what the other incidents were. Did the other incidents happen on the bus? This student may be targeted by adults that do not understand his disability and simply want him to go away. We have an obligation to educate all students. This student is known to have behavior problems. Why would the school allow him to be dropped off into a group of kids without direct supervision. He has been moved to "Day Treatment", so the school district is aware of his disability. Was the adult on duty aware of the students needs? Was he left alone to get involved in an incident with other kids and then the adult stepped into the middle of it. There should be no surprise that a student involved in an incident with other children, that has emotional difficulties, would lash out at anyone that intervenes. The school district has dropped the ball on this student. DITTO Mary Anne Champa I agree with you the incident in question did not occur on the bus. The duty person told the bus driver to write the misconduct report. Why didn't the duty person write the referrral? What were the other two incidents that happened on the bus? Also I am in agreement with you regarding the fact student Doe has already been identified with an emotional disablity and been involved in two other incidents on the bus, why was there not more supervision for this student while traveling to the day treatment program. DITTO PAMELA TATE I agree that this student that has already had a change of placement to a day treatment center and is known to have an emotional disability requires supervision at this transfer point by the LEA or the treatment center faculty. This is not only for the safety of Student Doe but for others around him. I would also ask the school personnel that were present at the time was there any precursers or "bullying" by the other students near him that caused his misconduct. Is the misconduct a manifestation of his disability? I would consult with the parents, LEA and IEP team to review the functional behavior assessment and what type of behavior interventions are in place at this time. DITTO to David also that the duty teacher at the bus stop should be well informed of this students disabilities and behavior.

Bryan Smock The questions I have are: Exactly when and where did the other two misconducts occur? Is the behavior a manifestation of his disability? What exactly does “hitting” other students mean (i.e. how hard was he “hitting,” where, were they playing around, did another student start it, what were the circumstances around which the “hitting” was taking place)? Why wasn’t there a designated person established? What is the district’s policy on whose responsibility it is to watch the child while waiting for the transfer bus? What safety plans are in place for the student while riding the bus (i.e. seat belt, where does he sit relative to other students)? Is it possible to have him ride a bus that transports him directly from home to his treatment center? Is it written in his IEP that he requires special transportation to and from school?

KathyDITTO I agree that the first thing that needs to be addressed by the IEP team is reviewing the behavior plan. It also needs to be determined by the IEP team whether or not the behavior was a manifestation of the disability. The student has already been given a change in placement and I have some of the same questions as Mikahla - why was the change made, did this fall within the new IDEA regulations, was this student removed due to serious bodily injury, and if so why are they unsupervised on a transfer. I also agree with David that the IEP team needs to examine whether the student should have been written up for behavior that did not occur on the bus. I also agree with Bryan that further examination of the previous 2 incidents need to be looked at again as well. If the child is suspended for the rest of the year how will the student with the disability continue to receive education services and continue to participate in curriculum as is required by the IDEA? The IEP team will also need to determine an alternative . Violation of a code of student conduct constituting a change in placement requires for a child with a disability requires proper notification and procedural safeguards are handled appropriately and I don't feel the teacher who wrote the child up is fully aware of the SIED disability, and did not take proper procedural safeguards for both the school and the student.

Kelly Camp
There are several questions that need to be addressed by the school district and the IEP team before any decisions are made. First, is the district required to provide transportation for its students who live within a certain area? In my school district I think that we do this, and we have to transport all of our students to and from school even if they only attend for 1, 2, or 3 hours per day. If my school placed a student in the alternative school, my school would be responsible for transportation for this student. The alternative school is 35 miles from the high school, so this would be very expensive.
Second, how will this student get to and from school if he is not allowed to ride the bus? If the student does not have transportation to and from school when other students are provided with it and thus does not attend school, then this could possibly be considered a denial to a free appropriate public education. If this is a denial to a free appropriate public education and it extends for 10 days, a manifestation meeting must be held. “Is this behavior is a manifestation of the student’s disability?” is a huge question that must be seriously considered by the IEP team, including the parents, and the LEA.
Next, does the student’s behavior plan address riding the bus? Has riding the bus been a problem before? Has the behavior plan been evaluated since the student’s transportation changed from the movement to the placement in day treatment? The behavior plan should have something in place if behavior during transportation has been a problem in the past. The child has an emotional disability, and the stresses of the change in placement and waiting at the elementary school for the bus should be addressed by this plan.
Finally, did the LEA fail to implement the IEP, and did this failure cause the behavior? If so, the suspension must be reconsidered. DITTO AND WELL DONE Sandy O'Banion
These are the issues from the regulations that need to be addressed:

7. Establish a new standard for manifestation determinations.

Within ten school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine:

If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
If the conduct in question was the direct result of the LEA’s failure to implement the IEP.
- s

What regulations apply to this case?

Jennifer Tagtmeyer The regulations for this case depend on whether or not this student's behaviors were a manifesation of his ED and if his removal was short term or long term. From reading the case study, I'm assuming the suspension is only for the bus, and not for school or the day treatment facility. I''m also assuming the student's original removal was long term. Transportation seems to be the main issue. According to IDEA regulations, this student has the right to FAPE which is covered under the 5th regulation. The school must provide the services under 34 CFR 300.350(d)(services). The district will have to provide the transporation for this student. If I worked in this district, I would look at this situation and see if the behavior on the bus is the problem or if it is the behavior at the bus stop.

JohnI think that there are several regulations that can apply for the short tem, but the ultimate question is weather this is a manifestation of the SIED? I agree with Celeste and think that it may well be a manifestation. The question is weather the proper placement on the bus has been done and if there is appropriate supervision in the plan.Sandy O'Banion Ditto - After the student is out of school (due to suspension) for more than 10 consecutive days, the IEP team will have to meet to determine if the conduct was caused by a direct and substantial relationship to the child's disability AND if the conduct was a direct result of the schools failure to implement the IEP.

Celeste I'm struggling to find a regulation that would support termination of transportation services. Sandy O'Banionsee #5 and #7 Discipline Brief - U.S. Department of Education, Office of Special Education Programs They cover the two basic legal issues that apply here.. - s
The primary reasons are 1. The SIED disability appears to be a direct cause of the behavior in question. 2. The behavior could be avoided if the student were not left standing around waiting for the bus. The IEP team and the teacher on duty need to work together to provide a successful alternative for this student. I would consult the LEA before moving forward.
Stacie As suggested by Sara, IDEA is very specific in its determination that the student must be returned to the placement from which he was removed. However a "bus" is not a placement, so he may well be off of the bus for the year. Yet again, I would ask why and how the bus driver had the ability to do the write up when he was not present for the incident. I would agree that they may not be separate issues, it is entirely possible that regardless of where it occurs an intervention is necessary, but the school district definitely has much to consider in terms of their actions. Sandy O'Banion I am thinking that the case study should say that the student was suspended from school for the year for the behavior toward the other students and to the teacher… Then these legal regulations would apply. I guess that the point that these cases are never cut and dry.. There are many questions that the IEP team needs to address to get it all straight. - s

Thane Berg—Stacie, I wonder also about whether transportation is a part of placement. I would think that it must be and so the student's FBA would have to cover transportation. I bet the LEA is responsible for supporting the FBA while the student is being transported to the day treatment center. The IEP team will have to determine if the FBA is being supported by transportation and then the FBA will have to be modified to support further recommendations of the IEP team. Sandy O'Banion Transportation is a supplemental service on the IEP and the school would have to provide it if needed… - s

Sara After that has been conducted, they have two options. If the teams decide that the student’s behavior may be attributed to his disability, the IEP team is required to conduct a functional behavior assessment and implement a BIP. This part of the IDEA 2004 is very important: the student must be returned to the placement from which he was removed. But the district could potentially suspend this student for the remainder of the year if the violation is determined not to be a manifestation of the child’s disability, then the relevant disciplinary procedures applicable to children without disabilities may be applied (Standard 615 [k] (1) C)). Lea Sara answered this question nicely. It is unclear whether the legal issues of the bus and school are exactly the same, but I would say from what I have read that they most likely are the same. Lea I research a little more and have come up again and again with the answer "it is reasonable to assume that the IDEA regulations apply the same for the bus as they do for the school." DITTOMary Anne ChampaI am wondering if this student does not already have a behavioral intervention plan in place. Sandy O'Banion The student may have a BIP/BSP in place, but the questions is…. was the school implementing it correctly????? - s
The student has been determined to have an emotional disability and has been receiving special education services. The student has gone from most of his day in the general ed classroom to a day treatment program I am wondering what precipitated that change of placement. At our school according to the elementary principal, most decisions regarding suspensions from the bus are made by the transportaton director. Sandy O'Banion The transportation director my decide to suspend the student from the bus, but the school district will have to decide if the behavior (hitting other kids and being absolutely rude to the duty teacher) would cause them to also suspend the student from school… Then all of these regulations would start to apply… if the student misses more then 10 consecutive days due to the suspension due to the behavior at the bus stop… which was on school grounds. - s

Sharon- Ditto Sara, Lea and Mary Anne- I can' help but believe that his placement in a treament day facility does not indicate that he should have already had a behavior plan in place . Also Ditto to Stacie, I am not sure whether they could call a bus a placement but I wonder if it would still be considered part of the placement preparation and follow the placement guidelines.DITTO Sandy O'BanionThe student may have a BIP/BSP in place, but the questions is…. was the school implementing it correctly????? **see #7 Discipline Brief - U.S. Department of Education, Office of Special Education Programs

HilaryDoes school policy play any role in this situation? If a student is causing harm to others or threatens others, shouldn't that supercede IDEA? I have a situation similar to this and would like to know if involving the police is also an option to gain assistance from the juvenile system. Anyone know? Sandy O'Banion If the behavior is NOT a manifestation of the disability (as determined by the IEP team) then the regular school policy WOULD APPLY…. just like it would for all students. - s
Brenda SmithI don't think that causing harm can supercede IDEA, as IDEA allows for this. Also, you have to consider what serious bodily harm is (although, any sort of physical violence is not right most kids hit we probably just don't see it all the time). The video and literature state that serious bodily harm includes extreme physical pain, serious injury like apparent bruising, cuts, or something like breaking an arm. In this case, I would doubt that the "hitting" wa this serious. I do not know in your situation.
Celeste My interpretation of the incident was "hitting", and not causing "serious bodily injury". If it had been serious bodily injury it needs to be clearly defined for all parties involved.
Lea I don't think that the situation would supercede IDEA. If the act is a manifestation of a disability, then the student has the right to continue with all academic privaleges. There are many possible solutions to keep other students safe while providing this student with academic rights, including bus transportation. An aide on the bus or at the transitional bus stop might be enough to ensure student safety. Reviewing any behavioral plan and coming up with strategies to resolve behavioral issues would be an important step. If the student is riding a regular district bus, they might be eligible under these circumstance to ride a special service bus that would take them directly to school without unneccesary stops. DITTORaechelle Salas I also wonder if the American's with Disabilities Act (ADA) would need to be considered as this does involve transit and the District would need to make a reasonable accomodations if the behavior is a manefestation of a disability. In addition the supreme Court stated that "Section 504 was enacted to encusre that handicaped individual are not denied jobs or other benefits because of the prejudiced attitudes or ignorance of others." so would this also need to be considered if not all personnal were aware of the child's disability? Sandy O'Banion If the student continues in school and is suspended from the bus, the district would have to provide transportation in another way. - s

Kezia Under IDEA (1997), I believe Student Doe could be suspended from riding the bus for 10 days because the behavior is detrimental to the welfare or safety of other pupils or school personnel. I believe that the same rules and regulations would apply to transportation as does academic placement. After ensuring that the behavioral problems are responded to with appropriate assessment, instruction, and behavior supports, I would assume that the district would have to provide alternative transportation that would last no more than 45 days.

David Ashmore I don't think anything can supercede IDEA. This would most likely be a manifestation of the student's disability if he is labeled SIED. The law states that he could be suspended for "bodily injury". This does not qualify for "bodily injury", as defined in IDEA. The school district should have a behavioral support plan in place already, if they don't they need to call a meeting of the IEP team and write one. Sandy O'Banion If there is no FBA or BSP… the student can't be suspended from school until those are put in place and implemented correctly.. The student could however be suspended from the bus and the district would have to provide another form of transportation. - s
Celeste Ditto, I agree with David, that this particular case has not clearly defined itself as "serious bodily injury" and being identified as SIED, the behavior can be a direct result of the disorder. DITTOSandy O'Banion It does not seem to constitute "serious bodily injury" - s
** Pamela Tate** I agree with Kezia that because this misconduct happened on school property it must be handled in the same way as in IDEA 2006. The student must then be provided with alternative transportation to the day treatment center. If he was transferring to another bus at one of the district's elementary schools where the misconduct happened, I would believe that alternative transportation will then need to originate at his place of residence. There should be transportation available within the school district as for other special/severe needs students. This transportation would then be accessed for up to 10 days. At the same time the LEA, the parents and the relevant members of the IEP team would need to hold a review meeting of the students file and if the misconduct is a manifestation of his disability.
*LindaDitto Pamela the team has up to 10 days to determine :1. If the conduct was caused or had a direct relationship to the child's disability. 2. If the conduct was a failure to implement the IEP. then the must take actiions to remedy those deficiencies.
Bryan Smock When considering this case, the main regulation is 34 CFR 300.530 which states when, for how long, and what services need to be provided to students in an interim placement, for a student who violates drug, weapons, or serious bodily injury in the code of student conduct. The IDEA Regulations: Adds a new authority for school personnel to consider unique circumstances; Expands removal authority for special circumstances related to serious bodily injury; Retains previous authority for immediate short-term removals. (states how long students can be removed from current placement); Retains authority for long-term removals for behavior that is NOT a manifestation of the disability; Clarifies when services are required during disciplinary removals, the provision of such services and who makes the determination regarding services and interim alternative educational settings; Specifies when the LEA must give notice; Establishes a new standard for manifestation determination; Adds a new provision when there is a determination that the behavior was a manifestation of the disability; Retains a definition of change of placement and clarify that the public agency makes a case-by-case determination of whether a specific pattern of removals meets the definition; Retains and revises the standard for a public agency’s basis of knowledge for children not determined eligible for special education and related services; Establishes exceptions to the public agency’s basis of knowledge for ineligibility, or refusal of consent to evaluation or services; Retains hearing rights related to disciplinary removals; Establishes procedures for an expedited hearing; Addresses the child’s placement pending a disciplinary hearing decision.

GregWas the misconduct a result of the disability? Did the student inflict serious bodily injury in accordance with paragraph (3) of subsection (h) of section 1365 of title 18, United States Code2 ? I think that the student can be removed from riding the bus for 10 days, but alternative transportation must be provided. These services are provided to students without disability who are also removed due to discipline. 34 CFR 300.530(d). I may need clarification on this. Under [34 CFR 300.530(f)] [20 U.S.C. 1415(k) (1) (F)] the IEP team and all members of the document team (parents, counselors, etc)
Would have to determine if this behavior is a manifestation of the disability, and if so, conduct a functional behavior analysis and develop changes to the behavioral intervention a plan. The drivers may require special training or in certain situations require additional assistance as referenced: Each district shall provide a program of on-going training for all general and special education
administrative and instructional personnel, providers of related services, support personnel, including
teacher aides, and, as appropriate, bus drivers and bus aides. The district program must implement and
use the comprehensive system of personnel development established by the department under 34 C.F.R.
300.380 - 300.387, as revised as of May 11, 1999. Sandy O'Banion School districts usually contract services with the bus barn, so if they decide that the student can't ride the bus… the district will have to find another form of transportation… THAT IS.. if the student is allowed to continue is the current placement after 10 days of removal… - s
LindsayDITTO to Greg. I think that given that the student was placed in an alternative setting once before (hence he is riding a bus to a day treatment center), we are more than likely going to find that his behavior is a manifestation of his disability. If this is true, he may be suspended from riding the bus for up to 10 days providing that the school district provide him with alternative transportation to his educational setting, in this case the day treatment center. The IDEA 2004 does allow the district to look at the situation regarding it’s uniqueness according to the individual. However, being that he was not being supported by any staff member on his IEP team at the bus stop, and he has been determined to be SIED, it seems that he should not be denied his educational services at any time. If school policy dictates that he be suspended from the regular bus for a given time, so be it, but provide him with another way to get to his day treatment.

Thane BergLindsay, it was my understanding that if the student's behavior was found to be a manifestation of his disability that the LEA may not suspend the student for any time period unless the violation is a weapon, drugs, or serious bodily injury to someone on school grounds. I would think instead the LEA has to determine if their actions are supporting the current FBA and modify it accordingly to keep the lastest behavior from recurring. I think also the IEP team and parents can recommend another change of placement but suspension isn't an option unless for the major reasons I mentioned.Sandy O'Banion The student my be suspended for not more than 10 days in a school year even if it is a manifestation of the disability… but no more than those 10 days… - s

KathyI agree with Greg - under IDEA statute 34 CFR 300.530 (d) the student with a disability would not be removed unless serious bodily injury occurred. Behavior analysis and implementation of behavior intervention plans that includes positive reinforcement should be training for all school personnel. The team must also determine the extent to which services are needed 34 CFR 300.530 (d) (4). The team will also need to determine the interim alternative for this student 34 CFR.530 (d) (2) If it is determined that the behavior is a manifestation of the disability, the team must add new provisions under 34 CFR 300.530 (f)
AshleyDITTO to Kathy and Greg. The child did no bodily harm. I feel also that all personnel should be trained or know of the situations of the students that they will have to deal with. The child will also have to be provided with alternative trasportation. LEA, parents, and relevent members of the EIP team would need to hold a meeting to review if the misconduct was a manifestation of the childs disability. The team must then make some changes.
Michael Zimmerman Ditto to all above. I am certain there are a specific number of days within which the manifestation determination meeting must be held as well as requirements regarding the student's placement during that time. Sandy O'Banion Yep.. withing 10 days of the decision of a change of placement the IEP team meeting must happen. - s

Kelly Camp
If the school is required to find transportation, and if denial of this transportation results in a denial to a free appropriate public education, then regulation #5 would apply to this case. The school is required to provide services after “removal from current placement for ten days during the same school year,” so I think that if the student had no way to get to school to receive these services, this could be an issue.
Regulation #7 stipulates that the IEP team, including the parents, and the LEA must determine if the behavior is a manifestation of the student’s disability or if it was caused by a failure to implement the IEP.

Can the district suspend this student from the bus for the remainder of the year?

Jennifer Tagtmeyer The bus can suspend this student for the rest of the year, but the school district is still responsible for providing this student with FAPE, so they will have to figure out an alternative way to get the student to the day treatment center or (because I think the teacher on duty wrongly put the responsibility on the bus driver) find a way to keep this student on the bus.

** John** I think that technically he cannot be suspended from the bus for the remainder of the year because I believe it is a manifestation of the SIED. However, an alternate transportation plan can be developed. Sandy O'Banion Actually the school district contracts with the bus barn, so the student could be suspended from the bus, but not necessarily from school.. - s

** Celiann** I don't think the student can't be suspended from the bus unless the district can provide some other transportation. Otherwise you will be depriving the child of his education. Sandy O'Banion Yep. The district would have to provide different transportation. - s

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Stacie Ditto Greg here. I do not believe that the student can be removed from the bus based upon my beliefs about the situation in the first place and as they apply to the test of applicable laws and statutes. Again much of what they find in regards to the manifestation determination will assist in determining a response.Sandy O'Banion The student may be suspended from the bus, but not necessarily from school - s
**Linda From what little infromation we have I don't believe they could suspend him for the rest of the year. It would depend on the rest of the findings from the manifestation hearing and gathering more information. *Sandy O'Banion Linda, yes IT DEPENDS is a good response.. It depends on answering many questions with the IEP team in relation to the IDEA 2004 Discipline RegulationsMichael Zimmerman DITTO! This is not a yes/no question. It depends on whether the conduct is a result of the student's disability. If so, then NO. If not, then yes the district could safely suspend him from riding the bus. I would want some heavy data tracking my decision either way.AshleyDITTO to Michael. We do not know enough information about this case to know if the child can be suspended. All the questions that were asked in the first question would help to answer this question. We must know more about the child's actions and behavior due to the disability.
Sara I could only make a guess at the question, “can the district suspend this student from the bus for the remainder of the year?” With the information I have read, I don’t’ think the school district would be able to suspend this student from the bus. I would first try to make some serious behavior changes and consequences for behavior. I would want to see if there were any interventions in place before this student was “written-up” the two times before. I would also like to know if the school district has to provide alternative transportation for those that get removed from the bus. All of the IDEA regulations could be thrown out the window if it’s policy to suspend students from the bus without the school providing alternative transportation. Sandy O'Banion The IDEA regulations would apply to being suspended from school but the school could have to provide alternate transportation for the student. - s

Hilary: I do not think a school district can remove a kid without providing another means of transportation for this student. Under IDEA, a student must be given the opportunity for a free and appropriate education. If a student must ride the bus to get to that educational program, the school must provide the means. A possible scenario would be a one-to-one aide to ride the bus with the student for supervision and intervention or a separate vehicle to transport the student.—-Pricey option either way.

Lea It is my understanding that the student could be suspended for 45 days at the most after investigating whether or not the incident was a manifestation of the disability. If the student is shown to be a true threat to other's safety, a court order could be gotten to remove the student; however, the student still has a right to a free and public education and the school would be responsible for providing this and would have to come up with a solution.
LindsayDITTO to Lea. I understood as well that the student could not be suspended for more than 45 days, but in most cases 10 days seems to be the standard. I don’t believe that the district could suspend him for the rest of the year, least of all without providing him another mode of transportation to receive his “free and appropriate public education”. If his behavior is a manifestation of his disability, they need to ensure that he has access to services and to get him there. If I were on his IEP team, I would push to return his bus privileges as they were and provide more behavioral support, such as an IEP team member at the bus stop!

Kezia No, the student cannot be suspended without a Manifestation Determination Review. DITTOMary Anne Champa I agree, I don't think the student can be suspended for the year until the conduct has or has not been determined to be a maniffestaion of the students disability.Greg** Ditto I don’t believe the district can suspend this student for the rest of the year.
I believe it would be determined by manifestation of the disability. I do not think this student can be subject to the same disciplinary procedures as children without disabilities. **see #5 and #7 Discipline Brief - U.S. Department of Education, Office of Special Education Programs They cover the two basic legal issues that apply here.. - s

Thane BergDitto to Kezia. The LEA can suspend the student if the manifestation determination is that the most recent behavior is not a manifestation of the student's disability. I am willing to bet that the behavior is a manifestation of the student's disability and that the LEA is negligent in supporting the student's BIP. Having worked three months last year with a student who had a manifestation determination I know first hand that the school districts' hands are tied in these situations. The student I worked with got away with the worst behaviors I have ever seen in a school setting, even to the point of stabbing a teacher with a pencil. But since the incident didn't involve a serious bodily injury (What does this consitute anyway? Hospitalization, surgery, loss of a limb, death? I have yet to find information that defines that term!!!) Sandy O'Banion This definition was hard to find, but here it is…. As defined at 18 U.S.C. 1365(h)(3)], the term serious bodily injury means bodily injury that involves—
1. A substantial risk of death;
2. Extreme physical pain;
3. Protracted and obvious disfigurement; or
4. Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
Certain Federal cases have held that rape did meet this definition of serious bodily injury because the victim suffered protracted impairment of mental faculties.- s

to the teacher, the student was allowed to remain in placement. Another reason a LEA is reluctant to place the student somewhere else, is that the LEA has to pay for the placement. Day treatment programs are expensive and LEAs don't want to pay that kind of money!!!

** Pamela Tate** Once the manifestation determination process has begun, the BIP has been reviewed by the IEP team then the child could be returned to riding the bus if the behavior was found to be a manifestation of the child's disability. Unless the LEA and the parents agree that a change of placement in transportation should be a modification to the BIP and the child I believe would then have alternate transportation. DITTO Sandy O'Banion The bus service could be denied, but alternative transportation would have to be provided…

Raechelle Salas I believe it would be highly unlikely that this student could be suspended for the whole year. The "IDEA requires that if a Local Educational Agency has not conducted a functional behavioral assessment and implemented a behavior intervention plan for a child with disabilites before the occurrence of a misconduct resulting in the removal of the student for a period constituting a "change of palcement", the the school district must convene an IEP meeting and develop an assessment plan (IDEA 300.520 (b) (1) (i). So first there would need to be the process of manifestation determination and then develop the assement plan. Which I am sure did not occur because I would be surprised that a school district would allowed a behavior plan to include an unsupported "wait time" with milling around.

Bryan Smock No. The third misconduct was did not occur on the bus and with the information provided, we do not know where the other two occurred. The case study states that “The district has a policy that when a student has three misconducts on the bus they are suspended from riding the bus the rest of the school year.” In this case, the IEP team should meet with the school personnel at the transfer school to discuss the seriousness of the “hitting” and determine if it is considered “bodily injury” by the US Department of Education.Sandy O'Banion As defined at 18 U.S.C. 1365(h)(3)], the term serious bodily injury means bodily injury that involves—
1. A substantial risk of death;
2. Extreme physical pain;
3. Protracted and obvious disfigurement; or
4. Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
Certain Federal cases have held that rape did meet this definition of serious bodily injury because the victim suffered protracted impairment of mental faculties.- s
Rather than just suspending him from the bus for the rest of the year, the IEP team can suspend him from the bus for 10 days until further meetings have taken place to determine whether or not it is a manifestation of his disability. I think the district skipped many steps required by law in suspending him for the remainder of the school year.

KathyI agree - the student should not be suspended for the rest of the year. I believe it would be determined that this is a manifestation of the disability and the regulations set by the IDEA would need to be followed.
Brenda SmithI don't think that there is anyway that this student can be suspended with the information that we have. The IEP team has a lot of work to do. It seems that there are too many things that can be done before we can "close the book" on this student.


-Sharon- I do not believe that the child would ever be removed for the rest of the year. First, there are too many circumstances that would lend doubt to such a decision. The incident didn't take place on the bus, the bus driver didn't see it, the awareness of the duty teacher concerning this student. It would be very hard to ignore all of these and many other questions to justify keeping the student off the bus the rest of the year. It seems as though if they follow the guidelines and make it a case by case decision, then they would have to look at the cause and whether or not every consideration had been for the safety and well being of that student and others at the bus stop. I would say they would almost have to make the exception take another look at the plan or provide other means of transportation.

Kelly Camp
I think that if the behavior was determined to be a: denial to a free appropriate education, manifestation of the student’s disability, or a failure to implement the IEP, the suspension is very questionable. I doubt that it would be upheld if the previous instances applied.

Is there additional information that you need before making a decision?

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Jennifer Tagtmeyer Would we use regulation #7? Does being suspended from the bus mean "any decision to change the placement"? I see the need to meet and examine how the IEP is being implemented. I would want to know how long the student had been in the day treatment facility and why he was put there in the first place. Is the day treatment facility this student's LEA? And if this child has an LEA, does that mean he caused serious bodily harm while under the jurisdiction of a school, possessed or used illegal drugs, sold or solicited a controlled substance, or carried a weapon on school grounds or at a school function? DITTO all previous comments…I love how interesting this is.

Sara I would like to ask some questions concerning this case. If I get to look at this discipline on a case-by-case basis, what has the student done before this specific incident to get “written-up” on the bus? I would also like to know if the school district is required to provide services to get students to school (even if it is an alternative educational setting). If students without disabilities get “green-slipped” from the bus, how do they then get to school? Is the school district allowed to refuse transportation for all students to and from school? What interventions are in place or could be implemented to promote positive behavior for this student?

Thane BergFirst I want to know if the student's behavior was a manifestation of the student's disability? I want to find out if the student had a BIP? If transportation was accounted for on the BIP? Was the BIP not supported by transportation? If the BIP was reviewed? Were modifications made to the BIP? Were the other discipline issues also addressed in the BIP?

** Celiann** Other information that I would need to know is what is the take of the parents from the victim. Are they going to press charges? How does the elementary school involved is being affected by this? This would also need to be taken into consideration. As a parent, if my child gets attacked, I would probably be up in arms trying to protect my child from being attacked again.

Hilary: A long paper trail of history of misconduct, actions taken, and preventative measures upheld by the district would be essential. We would need to prove that we have exhausted all other options before such extreme actions are taken. The bus is still considered the school and we would be initiating a very restrictive sanction for this student.

Lea It would help to know more history of the student. I would want to talk to teachers who had worked with this student (SPED and general education) to find out if they had success in helping this student with behavioral issues that arose. I would also like to know more about the incident. Devising a good behavior plan would mean understanding the triggers. DITTO Mary Anne Champa I agree, the school , parents,and members of the IEP team need to review all relevant information in the students file, review the IEP, teachers observations and the other incidents involved to determine if the conduct was caused by the students disability. If there were other incidents, I am still wondering if there was BIP already in place.
LindaDitto to Sara, Hilary and Lea. I would like to know what had happened to move him from general education classroom to the day treatment program, what the other infractions on the bus were, and what steps had been put in place to help him be successful. What started the "hitting" of the other students. This a case that needs to reviewed very carefully so his rights, the rights of the other students and teachers are protected.**Kathy* DITTO I would like to know more about the background and history of this student, review the IEP, what the other 2 misconducts were for, and review the BIP.

Kezia DITTO to Sara, Hilary and Lea. This is definitely not an isolated incident, and it is obvious that there needs to be an evaluation of this students history of behaviors and supports that have been implemented. I would like to look at evaluation and diagnositic information, parental concerns and involvement, patterns of behavior, and a close evaluation of IEP and Behavior supports being appropriate (functional) for Student Doe.Kim DITTO to Sara, I would also like to know why the student was put into a day treatment program? Why wasn't the bus schedule brought up during the transfer meeting and questions asked after he was written up the first time on the bus. We had a student last year who was having problems and the district made arrangments for him to be put on a bus that picked up special education students. More information is needed in the case. GLEN…. I would need additional information. First off, when he "hit others" did he inflict serious bodily harm.I f he did, then its a slam dunk! According to {34cfr300.530(g)….he can be suspended from school for a max of 45days. I would assume this means from any district property ie; waiting to transfer. I would want to be sure that a functional behavioral assessment has been done on this child. I am concerned that the team expected this child(5th. grader) to have to wait for his bus and be surrounded by mostly younger kids. Seems like a recipe for disaster! Also, he was not on the bus when the 3rd. violation occurred. The duty teacher should have written him up not the driver! Bus beh. is especially egregious becouse it puts many in danger. It is not on par with hitting kids waiting for a bus. Parents would likely challenge this at a due process hearing, if requested. I would also want to know how he went from general ed. to day treatment. The district needs to use the least restrictive placement(my districts policy) and I am curious to know way a contained program within the district or school was not used prior to Day treatment? Regardless of his placement or suspension the child must have the opportunity to work towards his IEP goals as stated in [34CFR300.530(d)(4)].
** Ditto to all above Pamela** I would like to know more about the student's history and why was he allowed to be in a "social" situation as unpredictable as the school bus stop on his own. If this child has a history of agression associated wth ED children than it seems to me the LEA and the treatment center did not coordinate and think in the child's best interest nor the other students when they allowed him to be in this situation without adequate support. I would also like to find specific documentation on disciplinary measures regarding the bus and transportation within the schools.
AshleyI would also like to know what has been going on with the student at this present time along with his history. Were the two staff members that were involved trained to handle a child with these severities? I feel a lot more information would need to be known before any conclusions could be made.
Raechelle Salas I would want to see if the student's IEP under Special Education and Related Services has Special Transportation needs. I would also want to know if all staff who came into contact with the student had been properly trained to support the student. Finally, I would want to know the severity of the "Hitting", as the video clip for the IDEA said, "It must be life threating". Michael Zimmerman DITTO! Severity would definitely need to be determined through some solid data. A good FBA would be absolutely necessary in order to evaluate previous or develop further actions.
LindsayDITTO to Raechelle. I want to know more about whether he was not receiving appropriate services in the first place regarding being transported to the day treatment center. It seems a bit unusual that a student would be sent to a place for typically extreme behavior solutions, and then be left to his own devices in a regular school setting such as the bus stop. What brought on the enrollment in the day treatment center? What actually happened between the teacher and student and the student with the other students at the bus stop? Why wasn’t the bus stop teacher aware of his diagnosis? Had a behavioral intervention plan been developed prior to the event? Was the student being given appropriate support from his IEP team? Hmmmm……..

Bryan Smock I believe all my questions above (and others that I did not think of that pertain to the law) need to be answered before making a final decision, especially whether or not this behavior was a manifestation of his disability.

Greg information on the students prior behavior and documentation of this behavior would be required. Parental involvement and decision making would also be needed. Do the parents or guardians want an appeal hearing? What specifics or legalities are we hitting or missing in this case? A review of behavior and the legal issues involved with an exceptional child and his/her transportation needs would have to be addressed.

Brenda Smith
I would just like to add some final thoughts and some have been mentioned. First, it is important to remember that no situation is black and white and the video and reading stress over and over that every situation must be handled on a case by case situation. Second, if this is truly a manifestation of this student's disability we need to try interventions before we can go kicking him off the bus. Finally, we cannot forget parents. Parents must be notified of every step taken in the process and always, always given a copy of the procedural rights and safeguards. Some of us may automatically think we need to nip these types of situations in the the bud, in order to avoid situations like Columbine or other school tragedies that we have seen. Kick him off the bus, kick him out of school…:-(We need to look at the big picture. If this student is like a lot of the students we deal with he is probably reaching out in some way to get the attention he needs. The problem with SIED students is not only do they often act out violently, but they also are unable to self advocate. This is why we have to be the advocate for them. I think we would know in our gut if we were dealing with something really threatening, and in that case, heck yeah, lets keep our kids and ourselves safe. But, if we have a 5th grader that is hitting someone (which granted isn't right) as some sort of coping mechanism, let's see what we can do for him.
Anthony Stupnik The IEP is the legal regulation that must be followed. The team must look at what accommodations are in place for the student. If the IEP was already changed to move the student from the ED program to the day treatment program, then options for transportation should have been made available. So, if all of this was handled correctly the the paperwork will back the decision. As Brenda said, we can't just kick the student off the bus, an alternative accommodation must be put into place. We could look and see if there is a program closer to the student's home, which could cut out a bus transfer all together. Additional information that would be crucial for me to see is the students' IEP, in order to get an understanding of his behaviors. As Brenda stated, he is reaching out, and if we could find a way to channel his negative behavior and give him the attention he so desperately needs, we will be way better off.

Celeste Before further action and a decision could be made, additional information is needed. What are the specifics of this student's IEP. Is there a behavior plan in place to supports this student during the transportation process? If there is a behavior plan, was it being implemented, was the plan working, were adjustments made to provide the necessary support for the student during the waiting period from one bus to another? What are the provoking conditions that result in the undesirable behavior and what was being done to avoid these conditions. Was the teacher on duty being proactive to avoid the student from becoming inappropriate. These question need to be examined and addressed before action is taken to remove the student from the transportation services. Clarification is needed on my part, does removal from transportation services mean removal from the day treatment classroom? If the student is identified as SIED, the behavor in question is truely the result of the disability. The 45 school day removal does not seem to apply because the behavior in question was described as hitting other kids and being rude to the duty teacher. If it was a situation where serious bodily injury occurred it was not presented in the case study. The IEP team needs to determine this student's ability to self-regulate. It appears that he is unable to self-regulate if he is identified as SIED and in a day treatment program. If that is the case, the transfer of buses with him standing around waiting at the bus stop is inappropriate and perhaps negligant on the IEP teams part, and can go as far as the school districts part. A liability on the IEP part seems evident. A key question I have is why did the teacher on duty ask the bus driver to write up the incident when the driver was not a witness to the action in question. Does this not put into question the validity of the report?

-Sharon- I think it is a consensus that we would like to know more about the other two bus problems as well as more about the history of the student. I would also like to know what exactly was the set up for the bus transport. What things were in place to help that student with behavior issues? Ditto Celeste- I think the IEP team may have dropped the ball.

Sandy O'BanionThere are MANY questions here for sure. I like to answer whether the student can be suspended from school with, "IT DEPENDS"…. THE IEP TEAM HAS A LOT OF WORK TO DO… AND YOU, AS TEACHERS, WILL BE ON THE IEP TEAM, SO KEEP THESE REGULATIONS IN YOUR NOTEBOOKS TO USE WHEN WORKING WITH YOUR TEAM. YOU WANT TO BE INFORMED TEAM MEMBERS :-) - s**

Kelly Camp
I would need to know more about transportation laws and also more about how these laws apply to special education students. I would also need to know if a denial of transportation equates to a denial to an education.

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