3.22 Special Education
The district will follow provisions outlined in the Federal Statute, the Individuals with Disabilities Education Act (IDEA), and the Ohio Model Policies for Children with Disabilities. Any changes in IDEA or the Policies and Procedures will void conflicting language in this Agreement.
A. Discipline
Based on Federal Statute (IDEA), special education students may be suspended up to ten (10) days per year in the same manner as nondisabled students for violations of the Code of Student Behavior. A special education student may be suspended for more than ten (10) days if one of the following provisions is met:
(1) it is determined by the building principal on form APS-03a that the removal does not constitute a pattern of removal, or
(2) it is determined that the removal is a pattern of removal, but there is a finding pursuant to a manifestation determination hearing that the student’s conduct is not a manifestation of his/her disability. A manifestation determination is a hearing held by a district representative, parent and relevant IEP team members to determine if (1) the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability, or (2) the conduct in question was the direct result of the school’s failure to implement the IEP.
A pattern of removal is found if the removals cumulate to more than ten school days in a school year, because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals and additional factors such as the length of each removal, the amount of time the child has been removed and the proximity of the removals to one another.
For days of suspension beyond ten (10), special education students are entitled to continue to receive educational services under one of the options listed in Board publication APS-03b.
When a student’s violation of the Code of Student Behavior involves drugs, weapons or serious bodily harm upon another person, while at school, on school premises, or at a school function, the student may be removed to an Interim Alternative Education setting for up to 45 days.
Procedures for suspending students with disabilities appear in the Office of Special Education Handbook.
B. Building Special Education Service Delivery Plans
There are various options for delivering appropriate special education services to students with disabilities. On an annual basis, buildings must select, develop or modify a service delivery plan indicating how they will use their special education staff to deliver services to students with disabilities. General education staff, special education staff, and principals will develop the plan.
C. Determining Least Restrictive Environment (Placement)
The placement of a student in regular or special education class(es) and the services provided to the student are determined by the student’s Individualized Education Program (IEP). The IEP is developed by a team composed of: (a) the parents, (b) at least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment), (c) at least one intervention specialist or speech therapist, (d) a district representative (e.g., principal or special education coordinator) and (e) whenever appropriate, the child with the disability.
The IEP team should work toward consensus in developing the IEP. No individual member has a right to mandate or reject any aspect of the IEP. The District Representative (e.g., principal or special education coordinator) has the ultimate responsibility to ensure the IEP includes the services that the child needs in order to receive a free appropriate public education (FAPE). Any member who may be involved in the instruction of a special education student should be given the opportunity to serve on the IEP team or provide input into the development of the IEP.
The federal statute on special education, IDEA, states [20USC 1412 (a)(5)(A)]: “To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” The IEP team must carefully document in the service column of the IEP, if needed, the supplementary aids, accommodations, grading modifications, and specialized services for students spending all or a portion of their day in the regular education environment. The Board must ensure that all services set forth in the child’s IEP are provided, consistent with the child’s needs as identified in the IEP.
If after a reasonable amount of time and effort to implement the IEP, any member of the IEP team believes that a change is needed in the student’s individualized program, a team member may request an IEP meeting. The team member should present data (e.g., work samples, grades, behavior charts) to demonstrate the need for a revision in the IEP. As with the initial review IEP, the IEP team should work toward consensus on any modifications requested.
B. Inclusion
Notwithstanding the above, students with disabilities included in elementary classes shall be within the class enrollment limits upon which staffing decisions are made.
At the middle and high school level, scheduling (roster) of students with disabilities in any core academic class, core elective, art, general music, health or foreign language class shall not exceed the fractional level prescribed in the Board documents “Scheduling Requirements for Special Education – Middle School” and “Scheduling Requirements for Special Education – High School,” under the heading “Inclusion Support,” both dated February 1, 2007, or the maximum number of students permitted by law in attendance in a class in the respective area of disability, whichever is lesser. These levels shall remain a part of this Agreement unless changed through negotiation or federal law and shall not be affected by changes in the Board documents referenced above or the creation of new Board policies.
Scheduling (roster) of students with disabilities in choir, band, orchestra, and physical education classes shall not exceed the fractional level prescribed in the Board documents “Scheduling Requirements for Special Education – Middle School” and “Scheduling Requirements for Special Education – High School,” under the heading “Inclusion Support,” both dated February 1, 2007, or the maximum number of students permitted by law in attendance in a class in the respective area of disability, whichever is lesser.
These levels shall remain a part of this Agreement unless changed through negotiation or federal law and shall not be affected by changes in the Board documents referenced above or the creation of new Board policies.
Whenever practicable, scheduling (roster) of students with disabilities in career education classes shall not exceed the fractional level prescribed in the Board documents “Scheduling Requirements for Special Education – Middle School” and “Scheduling Requirements for Special Education – High School,” under the heading “Inclusion Support,” both dated February 1, 2007 or the maximum number of students permitted by law in attendance in a class in the respective area of disability, whichever is lesser. These levels shall remain a part of this Agreement unless changed through negotiation or federal law and shall not be affected by changes in the Board documents referenced above or the creation of new Board policies.
Notwithstanding the above commitments by the parties to comply with the scheduling requirements referenced above, it is the intent of the parties that students with disabilities shall not be denied enrollment in any classes. In order to meet this intent, the Executive Director, Secondary or Elementary Schools, the Director of Special Education and the building principal shall review the class rosters of teachers to resolve any imbalances in the class loads above. If the issue is not resolved at the building level, a meeting shall be held with the AEA President, the Executive Director of Secondary or Elementary Schools, the Director of Special Education and the Executive Director, Human Resources, to resolve the imbalance. At this meeting, the imbalance shall be resolved.
3.23 Pupil Adjustment
The Board has adopted pupil adjustment policies and procedures that provide for:
1. The identification of infractions resulting in expulsion from school.
2. The establishment of a psychological referral/support center to provide assessment, diagnosis, and prescription for improving the deportment of students.
Those offenses which are listed on the code of student behavior as requiring mandatory suspension will cause a student to be suspended out of school for one to ten days or possibly expelled.
No teacher or class is ever required to tolerate any act of gross misconduct, including flagrant discourtesy, abusive and vile language, acts of violence and/or deliberate insubordination. Corporal punishment shall not be administered to elementary or secondary students of the Akron Public Schools.
If, in spite of the teacher’s best efforts at correction, which should include a teacher-parent conference, a pupil continues to misbehave, the teacher should refer the case to the principal for further action.
If a pupil’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the educational process taking place either in the classroom or elsewhere in the school premises, the teacher may remove the pupil from the classroom or activity and must state the reason(s) in writing to the principal as soon as practicable. A conference may take place between the member and the principal before the student is readmitted to class. In extreme cases, where the matter cannot be resolved within 24 hours from the time of the student’s removal from class and/or activity by the teacher, then the student’s procedural due process rights under the law shall apply. The principal may reinstate a pupil removed from class by a teacher by informing the teacher, in writing, the reasons for reinstating the student prior to a hearing.
An official School Office Cumulative Folder shall be maintained on each student in the school office files and shall be maintained in each school for the use of those members who have a legitimate educational interest.
A member shall be notified of the impending enrollment of a pupil transferred for adjustment reasons. Within a reasonable length of time before the arrival of said transferred student, the AT-19 form stating the reasons for the transfer shall be forwarded to the receiving school and its contents made available to his/her teacher prior to the time he/she reports to class.
Where a student has had a pupil adjustment transfer and is returned to the Office of Student Services on another disciplinary matter after good faith efforts in the second placement to cause satisfactory adjustment, an expulsion hearing shall be held. Subsequent placement shall only be made after review by a committee. The Superintendent shall designate the chairman of the review committee conducting the meeting and no more than two members of the committee. The President shall designate no more than two (2) members of the committee. In addition to the chairman and the four committee members to be designated, where appropriate, the psychologist conducting a child study and a representative from the Summit County Juvenile Court shall be members of the committee. The authority of the Superintendent to assign students is not diminished by the existence of the review committee; however, the Superintendent shall weigh the concerns expressed by the committee in making his/her decision.
A pupil suspected of emotional or social disabilities may be referred by the member to Child Study for further study as provided by Board policy and the student’s due process rights under the law. If the student is found to be eligible for special education services, the IEP team will determine the student’s appropriate placement. If the student is found not to be eligible for special education services, the pupil shall be returned to a regular classroom.
A. School Discipline Review Committee
Within thirty days of ratification of this Agreement, and during each September thereafter, each School Faculty Council or Building Leadership Team shall mutually select with the principal a standing discipline review committee which shall include the School Faculty Council or Building Leadership Team (or a subcommittee thereof), representation from the community, other staff members, and, in high schools, the student body. The committee shall review the building’s discipline program and with the principals mutually formulate a policy of penalties for the following items:
1. tardiness to school
2. tardiness to class
3. truancy/flicking
4. refusing a member’s assigned discipline or punishment
5. violation of the school’s rules
The committee shall designate those penalties which are to be initially administered by the individual classroom teacher as well as those which are subsequently applied by the building administration. The policy shall also specify the occurrence at which each penalty will apply. Applying the building level penalties is the responsibility of the building administration with the support and cooperation of the staff. Building level penalties may include, but are not limited to, school supervised detention, suspension, etc. These penalties may vary from building to building. The principal has the discretionary authority to go beyond the minimum punishment based on the incident. Each building’s policy of penalties shall be filed with the Superintendent annually, and the committee shall meet regularly to review the effectiveness of the policy. The committee shall also file a report of its findings not later than the last day of each school year. The report shall include the policy of penalties for the following school year.
B. Pre-set Classroom Rules
A teacher may establish pre-set classroom rules annually.
Pre-set classroom rules are those which a teacher creates, submits to the building principal for approval, provides to every student and his/her parent/guardian, and posts in the classroom. These rules are set to accommodate the individual style of instruction taking place in his/her classroom. Examples are: follow directions, bring supplies, talk only with permission, no gum chewing etc.
The building principal and the teacher must mutually agree on the set of classroom rules plan. Both parties shall adhere to the provisions set forth in the plan, once it is agreed upon, including any penalties mandated by the plan to be implemented by the office. Rule violations shall be documented. Documentation shall be in the form of a contemporaneous record of the rule violation and the penalty imposed or action taken.
AEA shall provide annually to the Superintendent a list of four (4) members who shall serve, on a rotation basis, as observers in expulsion hearings for weapons violations by students in grades K-3.
Prior to a determination to expel or not to expel a student in grades K-3 for a weapons violation of the code of student behavior, the hearing officer shall consult with the AEA observer and shall consider the observer’s input in his deliberations.
No grievance shall be processed by the AEA under circumstances where the observer concurs with the decision of the hearing officer.
3.24 Assault
Any case of assault, verbal or physical, suffered by members shall be reported immediately in writing to the principal. Physical assault is purposely causing or attempting to cause physical contact with a staff member with the intent or potential to harm the staff member, or interfere with the staff member’s performance of duties. Verbal assault is any threatening or abusive language directed at a member. Abusive language includes harsh, coarse, or insulting words, which are injurious, improper, hurtful, offensive, or reproachful. They may include the degrading of a person based on race, color, national origin, sex, religion, age or handicap. Threatening language includes an express declaration or the implication of an intention or determination to inflict injury upon a person, upon a member of that person’s family, or property.
The principal shall obtain a list of the witnesses to the assault and a written statement of what each witness observed or heard. These statements shall be signed, dated and filed, with true copies given to the AEA Building Representative, and copies sent to Student Services and the Department of Human Resources.
The principal shall conduct a hearing that in effect assures the accused student his procedural due process rights. In the event that an assault has occurred, the pupil shall be removed immediately from the class and the school and referred to the Director of Student Services for reassignment to another building or expelled. In the case of a physical assault, a recommendation shall be made to the Superintendent for expulsion. In all cases of physical assault, the principal shall notify the Akron Police Department to enable the member to file a police report. Members will cooperate with all appropriate governmental agencies in the prosecution of the assailant(s). In no case shall a member be required to readmit a student to class following an assault. These procedures may, but do not necessarily, apply to the Severe Behavior Handicapped pupil.
Before upholding an appeal in any case of physical or verbal assault, Student Services shall contact the member and the building principal to discuss the referral. The member and/or the principal may offer additional evidence in support of the referral, and said evidence shall be considered prior to a decision to uphold the appeal.
The principal shall report each such case of employment-related assault on a member to the Director of Student Services; the Director shall inform the President and the Superintendent of the assault.
3.25 Threat of Assault
Any member who is threatened with bodily harm by any person(s) on school property shall notify the principal in writing of this threat. The principal shall acknowledge receipt of such report and shall report this information to the Director of Student Services and the President.
Members shall also inform the building principal of any parent or visitor who threatens or directs foul and/or abusive language at the member. Should a subsequent review indicate that the allegations are correct, the building principal shall notify the parent or visitor, in writing, of the complaint and shall direct the parent or visitor that future visits to the school must take place in the school office with the principal in attendance.
3.26 Visitors
Classroom visitation shall be limited to parents, guardians, professionals or other individuals with a legitimate educational interest as approved by the principal and member, provided that twenty-four (24) hours advance notice has been given to the member. Visitations shall be no more than one hour in duration, one time per week, unless otherwise approved by the principal and member. Visitations may be permitted without twenty-four (24) hour notice provided that the time is mutually agreeable to the member and the principal.
Building principals and employees shall be responsible for enforcing the Board’s “visitor policy” as stated in Board policy and as provided in O.R.C. 2911.21.
Students or visitors personal use of tape, video, and other electronic recorders in the classroom is prohibited unless approved, in advance, by the principal and the member, for legitimate educational purposes or otherwise required pursuant to an individualized education plan (IEP) or an individual accommodations plan (IAP).