We like to talk about the Toolbox on Tuesdays here at the Daily Dawg. The Toolbox is a full day training program highlighting ten “tools” that schools can use to serve each student appropriately while providing safety for all. In the Toolbox training we go over the tools and then have some hypotheticals to practice with. Since the focus is on disciplinary options, we spend a lot of time talking about DAEP. So let’s review the basics about that.
Sending a student with a disability to a DAEP is a two-step process. First, the student must be afforded the same kind of procedures that would be provided to a non-disabled student. In a nutshell, this must include notice of what the student is charged with, and an opportunity to tell his/her side of the story. This first step is normally carried out by campus administrators who conduct a hearing, or at least an informal conference with the student. The role of the campus administrator is to determine whether or not the student violated the Code of Conduct, and, if so, to assess a disciplinary penalty in accordance with the Code. If the penalty is a DAEP assignment of more than 10 consecutive days, you have a “change of placement.” Proceed to step two.
Step two is the ARD Committee meeting. The ARDC has two functions. First, it must make a manifestation determination. The general rule is that DAEP is a punitive measure that cannot be done if the behavior is a manifestation of disability. There are exceptions, which we address in the Toolbox Training. The second responsibility of the ARDC is to make sure that the DAEP will “enable the child to continue to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.” 34 CFR 300.530(d)(1)(i).
If the DAEP as it normally operates will not satisfy that standard, then the ARDC should make appropriate adjustments and tweaks. If that’s not possible, the ARDC needs to figure out something else to do. The federal law says that it is the province of the ARDC to choose the “interim alternative educational setting” (IAES) where the student will be served. In most districts and in most cases the DAEP is an appropriate IAES. But if the DAEP is incapable of meeting the student’s needs, something else must be done. Some other IAES must be selected, or created.
It’s complicated. That’s why we offer a full day of training on The Toolbox. Let me know if you are interested.
DAWG BONE: THE DAEP IS AN IAES IF THE ARDC SAYS OK.
File this one under: SPECIAL EDUCATION DISCIPLINE
Tomorrow: Can a politician be ousted for keeping taxes too low? In Texas????