Discipline Incidents (2014-2016 School Suspension (OSS)

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During the 2014-2015 school year Sarah received three disciplinary incidents for disruption each resulting in out of school suspension (“OSS”). During the 2015-2016 school year Sarah received nine disciplinary incidents including 3 disruptions, 4 profanity/obscenity, 1 insubordination, and 1 other serious offense. These incidents results in 6 KISD other actions, 1 partial day OSS and 2 full day OSS. Prior to the 2014-2015 school year, Sarah had only received two disciplinary referrals. Sarah received 1 referral in 2012 for inappropriate language and 1 in 2004 for other serious offense. The Discipline records indicate a significant increase in disciplinary referrals during the 2014-2015 and 2015-2016 school years. Such a dramatic increase will support the Petitioner’s assertion that Sarah’s ARD committee should have developed a BIP and conducted an FBA to address her increase in behaviors.
Student's Special Education Services Were provided in a Coordinated and Collaborative manner by Key Stakeholders.
The ARDC was responsible for developing Sarah’s IEPs and KISD was responsible for implementing the placement and services as written. Additional interviews …show more content…

KISD had not maintained progress reports on annual goals. Further the present levels of performance in the 05/09/2014 annual, 04/22/2015 annual, 02/03/2016 annual, and 02/18/2016 10 day ARDs are not legally sufficient. The present levels of performance are insufficient in establishing a baseline for establishing goals and monitoring progress and are too vague to be useful in monitoring progress. Without reports of progress towards goals or present levels of performance that provide concrete data driven performance indicators, the District cannot successfully defend itself against claims that Sarah did not make