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Use Caution When Shortening Student’s School Day to Address Behavior
A public charter school student with autism and an emotional disturbance is suspended frequently over the course of a school year, with 10 days of removals in total. In an effort to address his behavioral issues, which increase in the afternoons, the school’s special education director and the student’s mother agree to shorten his school days to half days. The change to the student’s schedule is emailed to his IEP team.
The school is later found to have violated the IDEA and ordered to undergo training. Where did it go wrong?
In this recent case, Millennium Community School, 116 LRP 11957 (SEA OH 03/25/16), the school violated the IDEA when it cut the student’s school day in half without convening his IEP team. It also failed to conduct a manifestation determination review of the student’s disciplinary removals.
Follow these guidelines to avoid a similar misstep in your district:
Convene IEP team when making changes to students’ schedules
Whenever a school determines that a change to a student’s schedule is needed for disability-related reasons, convene an IEP team meeting, said Anne Littlefield, a school attorney at Shipman & Goodwin LLP in Hartford, Conn. Be prepared to show data and discuss why the change is necessary for the student’s progress, she said.
“You have to be cautious whenever you shorten a student’s school day, because you’re ending up with a child with a disability who has less instructional time than a child without a disability,” Littlefield said.
Once the IEP team has agreed on changes to a student’s schedule, amend the IEP to reflect the changes and address how the student’s educational services will continue to be provided, said Nina Gupta, a school attorney at Nelson Mullins Riley & Scarborough LLP in Atlanta, Ga. Don’t rely on emails or verbal agreements with parents; document all changes in writing, she said.
In the Millennium case, the charter school shortened the student’s school day in hopes of alleviating his afternoon behavior problems. However, the decision was made between the special education director and the student’s mother outside of an IEP team meeting. Outside agreements with parents often don’t work long term, Littlefield said. They also can amount to a denial of FAPE if changes in placement are made without an IEP meeting or an amended IEP, she said.Continue Reading Anne Littlefield Quoted in Special Ed Connection Article, “Use Caution When Shortening Student’s School Day to Address Behavior”
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