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1342.12 Companion
July 12, 2017
Page 115
Whether additional information is needed (updated FBA or other types of evaluation and
development of BIP).
Whether the behavior was dangerous, likely to result in injury or inflicted “serious bodily injury”
on another person. “Serious Bodily Injury” means a bodily injury that involves a substantial risk
of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or
impairment of the function of a bodily member, organ, or mental faculty. (See 18 U.S.C. 1365
(h)(3)).
Standard Two
: Was the behavior a direct result of a failure to implement the IEP?
Factors for consideration include:
The full scope of the ways in which the IEP was not implemented and why.
The impact of any failure to implement the IEP on the student’s misconduct at the time of the
incident. This means first determining what was not implemented and then determining its
impact on the student's behavior.
MDR CSC Determines the Behavior WAS a Manifestation of the Student’s Disability
If the MDR CSC determines that the student’s behavior was a manifestation of his or her disability, the
student will not be subject to the regular disciplinary rules and procedures. The CSC must:
1)
Conduct an FBA (unless there is already a recent FBA);
2)
Implement (or modify as necessary) a BIP to address the behaviors;
3)
Take immediate steps to address any failures to implement and ensure services are received;
4)
Return the student to the placement from which he or she was removed no later than at the
end of ten days after removal unless the parents and school agree to a change in placement as a
part of a modified BIP.
MDR CSC Determines the Behavior WAS NOT a Manifestation of the Student’s Disability
If the MDR CSC determines the behavior is not a result of the student’s disability, the student may be
subject to regular disciplinary rules including removal from the school for more than 10
consecutive/cumulative school days. The CSC must:
1)
Forward the case and a recommended course of action to the school principal, who may then
refer the case to a disciplinary committee for processing;
2)
Convene an IEP meeting within 10 days following the date the disciplinary decision was made if
that decision results in a change of placement;
3)
Determine how and where to provide the child with the educational services as identified by the
child’s IEP as a FAPE so as to enable the student to continue to participate in the general
education curriculum and progress toward meeting IEP goals;
4)
Provide, as appropriate, an FBA and behavioral intervention services and modifications to any
BIP to address the behavior so it does not recur;
5)
Document the actions of this IEP meeting in the CSC Meeting Minutes.