ACTION

DESCRIPTION OF ACTION

Document concerns of observable potentially violent behavior

Notify administrator in writing of your concerns

Determine if the student has an IEP

Refer student for an evaluation to determine if special educaiton is needed

Communicate with parents

Conduct a child study team

Use action plans that are part of your school code of conduct

Time Out

Purpose: A time-out may be used to aid a student to compose him or herself. It shall not be used for staff convenience or student punishment.

Duration: A timeout room may be used only so long as is necessary for the student to compose him or herself. If the student's behavior remains dangerous after 30 minutes, we recommend that continued use must be authorized by the principal or his or her designee, unless otherwise indicated in the IEP, district policy or state law.

Observation: A student in a timeout room shall be appropriately monitored

ACTIONS

DESCRIPTION OF ACTION

Document concerns of observable violent behavior

Request an IEP meeting to re-evaluate the student's placement

Request aids and services be provided to the student

Request an FBA

Communicate with parents

Examples of Aids and Services that can be requested:

Resource room, intinerant assistant, teacher training, behavior modification, modifiction of the curriculum for all students, modifiction of the curriculum for the special education student, parallel instruction, adapted materials, paraprofessional assistance, sensitivity training for other students, and planning time for meetings between special and regular educators.

Functional Behavior Assessment (FBA)

- Clarify the behavior

- Determine the triggers

- Identify current consequences

- Collect baseline data

- Develop hypotheses

-Test your hypothesis

ACTION

DESCRIPTION OF ACTION

-Student can be removed from class as long as it is not more than 10 consecutive school days in a school year

-Fill out discipline referral

-Contact parents

-Request an IEP meeting to evaluate FBA and determine if the student is in the correct placement. Rethink the need for supports for school personnel; if you disagree you have the right to fill out a dissenting opinion

-Write a BIP

-Get in contact with state or local association to determine your next course of action

-You can write a state-created danger letter

-Be aware of laws/policies concerning restrictive interventions (e.g. time-out, restraints, seclusion)

-Notify administrator in writing of your concerns

Stay Put Policy

Except for the reasons set forth below, students generally must "stay put" in their current placement disputes unless an impartial hearing officer or court orders an interim change of placement.

1. Districts may unilaterally remove a special education student for up to 10 days for violations of the disciplinary code and to the extent which non-disabled students would be excluded.

2. Exceptions to the rules include students who commit drug or weapons offenses.

3. IDEA 2004 added a new exception for students who inflict bodily unjury upon another.

Court Involvement

A hearing office could change a special education student's placement for 45 days and upon subsequent hearings for additional 45-day periods if a district demonstrates by more than a preponderence of the evidence that maintaining the student's current placement is likely to result in an injury to the child or otehrs. This has been changed in IDEA 2004. The hearing officer has to also consider whether the student's current placement is appropriate; the district has taken reasonable steps to reduce the risk of injury in the current placement; and whether the proposed alternative is appropriate.

Behavioral Intervention Plan (BIP) includes:

-Determine substitute behaviors

-Identify environmental or setting changes

-Describe necessary prompts or conditions

-Define strategies

-Prepare for when things go wrong

-Specify reinforcement

Collect data to reevaluate plan

Physical Restraint

Purpose: The purpose of physical restraint is to reduce or eliminate imminent risk either or harm to a person or of damage to property.

Use: We recommend that to the extent permitted under state law and district policy and the IEP, physical restraint should be used with a student only when there is an imminent risk either or harm to a person or of damage to property. Additionally, except as otherwise provided in state law or district policy, reasonable and necessary force may be used to quell a disturbance, obtain possession of weapons or other dangerous objects upon the person of or within the control of the student, for the purpose of self-defense, or for the protection of persons or property.

Observation: To the extent practical, physical restraint should not be used by any staff member except in the presence of another staff member.

ACTION

DESCRIPTION OF ACTION

In case of assault, ensuring the safety of others

1. Try to avoid responding physically

2. If you have to respond physically to defend yourself or others, you should use reasonble force given the student's age, size and ability to inflict injury.

3. Be sure the situation is stable and that a qualified individual assumes supervisory responsibility for your students.

4. Contact the school nurse

5. Immediatley identify and record the names, addresses, and phone numbers of all witnesses, location, time of incident  and the facts surrounding the teacher.

In case of assault with personal injury

1. Call the appropriate association and request assistance

2. Immediately report the incident to the school administration

3. Ask for medical diagnosis and treatement

4. Request that the association assist you in obtaining immediate sick leave and go immediately to your won doctor

5. The doctor should know and understand that this is important evidence.

6. Color photos of the injury should be taken.

Special Education Students

1, Under IDEA 2004, the district may unilaterally remove a student to an Interim Alternative Educational Placement for up to 45 school days. A change in placement after the 45-day alternative placement is subject to the "stay put" rule wherein the student returns to the placement he or she was in prior to the interim alternative placement while the dispute is litigated.

2. When he/she inflcits bodily injury on another person. The term "serious bodily injury" involves a substantial risk of death, extreme physical pain, protracted loss or impairment of the function of a bodily member, organ or mental faculty.

3. Student may be removed for 10 days. If a student has an IEP, an Manifestation Determination Review (MDR) must be conducted.

In case of assault, with the assistance of your association

1. You should insist that the admnistration immediately document the attack.

2. Get a copy of the district's report and reserve the right to correct or add to the report.

3. You should insist that the administration contact the police immediately. If refused you should contact the police. An accurate report should be filed and you should obtain a copy of the report.

4. After consulting with your school district's attorney and the association representative, determine whether you want to file charges.

In the event that counter charges are filed against you

1. You should not make any statements without contacting and consulting your UniServ office and school district attorney.

2. Do not agree to or sign any report or charges without such prior consultation.

3. Do not resign - insist upon the right to union and legal representation.

4. Assert your right to have an attorney present.

5. Request information about liability coverage.

6. In the event a teacher sustains damage to personal property when caused by an assault, such losses can be regained up to a maximum of $500 through the NEA liability policy.

7. If you are in a collective bargaining state, check your bargaining contract for rules, regulations, or benefits which may apply when you are assaulted by a student.

ACTION

DESCRIPTION OF ACTION

A manifestation determination review is being held for a violent student.

Discipline 10 days or less:

Remove for 10 cumulative school days.

ACTION

DESCRIPTION OF ACTION

- Participate in the MDR

- Meet with alternative interim placement personnel should that be an option.

Manifestation Determination Review (MDR)

1. Under IDEA 2004, the Manifestation Team makes the decision. The team consists of the parents, the LEA representative, and members of the IEP team as determined necessary by the LEA and the parents.

2. The team could conclude that the behavior is a manifestation only if it is "caused by, or had a substantial relationship to, the child's disability"; or if the conduct was the "direct result of the local school's failure to implement the IEP."