Change of Placement/Denial of Fape

[Linda Glazewski]

Is any of this a change in placement or denial of FAPE? If so, what do we do and can you reference the law in IDEA that applies? We are in Ohio.

 

1. Student is emergency removed for behavior (biting, hitting, kicking, eloping from learning area and on occasion from the property).

We had a FBA and BIP in place for 2 weeks. BIP review meeting is Monday.

 

2. Student is sometimes placed in another classroom called "Alternate Learning Placement" in the building instead of emergency removal for the rest of the day.

 

3. Student sits outside of gen ed (LRE) classroom in "pod" with 1:1 para and does worksheets and "listens" to the gen ed instruction.

FBA noted the student was in the gen ed classroom less than 10 minutes a day during their observations.

 

When asked for a PWN (at the last removal) to address the change in placement and denial of FAPE, the district says none of these things are a change in placement or denial of FAPE. They say they only need to provide SDI and related services if the student has been removed more than 10 days. No PWN was sent.

 

[Carolyn Rowlett]

It's hard to answer your questions (at least for me, anyway) without some clarification.

1. Does the student have an IEP?  Just confirming because sometimes a BIP can be in place without an IEP.

2. How does the BIP define "emergency removal?"  Is it an action, a place, or both?

3. How/when is the location of sitting outside of gen ed classroom triggered?

4. When the listed behavior occurs, what is the process that is stated in the BIP in terms of where the student goes, what processing is done with the student, how it is determined when student will return to class?  Is sitting outside the gen ed classroom a step in the process to return to class?

4. When the student is sent to the "Alternate Learning Placement," is this where students are sent for in-school suspensions?  (That might be what they are talking about when they mention the 10 days because a removal for behavior in violation of school policy would not trigger a PWN or be considered a denial of FAPE until it reaches 10 days.  But multiple occurrences (even if less than 10 days) should be a reason to revisit the BIP and see what can be revised to address the behavior. 

[Linda Glazewski]

Thank you, Carolyn!

1. Yes, IEP.

2. Emergency Removal means Mom is called to pick up and take home for the remainder of the day.

3. I have the impression that is just where the student is most of the time. When asked why, the school said the student is too noisy and distracting which disrupts the learning in the room. The FBA noted that the student was in the classroom (LRE) less than 10 minutes a day.

4. No. Sitting outside of the classroom is not a step to returning to the classroom according to parent.

5. We are not clear about the purpose of the Alternate Learning Placement.

Most of the removals and placements are the last half of the day.

[Carolyn Rowlett]

An FBA is supposed to get to the underlying triggers for the behavior and address them.  If most are occurring during the last half of the day, why is that?  Is the student tired?  Does the student not understand the subject during that time?  Is the FBA addressing whatever the trigger is?

When the student is removed from class for being noisy and distracting, is someone processing with the student?  Did the FBA discover why the student is being noisy and distracting and addressing the reasons?  Is the student being given the tools (fidgets, breaks) to deal with these issues or do we even know what tools would work?

My suggestion would be to find out the answers to these questions, because it sounds like the FBA and BIP are not sufficient.  In that case, I would request an IEE.

You specifically need to find out what the "Alternative Learning Placement" is for.  Regardless, you need to start tracking the amount of removals and once they reach 10 days, ask for a manifestation hearing the next time the student is pulled out of class for behavior.

Also, the mom needs to stop coming to pick up the student because the school needs to address the underlying issues -  not just call mom.

[JSD24]

Sitting outside of the classroom doesn't sound like he's able to have the same access to instruction (Can he see the board?  Does the teacher use gestures that he can see?  Is the teacher's voice loud & clear where he's sitting?) that the classmates get.  How is he expected to learn the same things if his instruction isn't the same?  Might be better for him if he watched a livestream of the classroom than listening from the hallway.  This sounds like a civil rights violation to me.

Is he always noisy?  Does this describe him at home?  When he is like this at home, what's the antecedent?  Could this be the same at school?

I'm not sure how anyone can do an FBA to determine what in the classroom is the triggering antecedent to his disruptive behavior if he's not in the classroom where they can observe him.  I'm hoping they will do additional observations so there will be data showing what in the classroom triggers him when he is in the classroom.  (FBAs can be dynamic where they get added to.)  If this doesn't happen, an IEE would be needed.  Was there any biting, hitting, kicking, eloping from learning area or from the property during the FBA?  What did they say was the antecedent to those?

Why isn't he in the classroom in the morning if the behaviors happen in the afternoon?  Pretty sure that "in general ed" means in the same classroom as the rest of the class & not in the hallway near the classroom.  What does the IEP say as to where he's educated?  Does your state have a place for parents to ask questions like this? - The answer to this looks to be yes.  They have a Education Program Specialist (EPS) who can answer questions.  More info here:  https://education.ohio.gov/getattachment/Topics/Special-Education/Dispute-Resolution/EarlyResolution_Information-sheet.pdf.aspx  I think you need to call & clarify that what they are doing is in line with IDEA & state regs.

Lastly, how is the BIP teaching him better behavior?  Are they teaching him ways to calm down?  Does he have a place to go to regulate when he becomes dysregulated in the classroom?  He's going to pick his place & end up eloping if he doesn't have a place in the building where this can happen.

Picking him up and taking him home is a suspension.  How does the school record this on his attendance records?