FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF E
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JOHN L. WINN
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
LINDA J. EADS, ED.D.
CHARLES PATRICK GARCÍA
JULIA L. JOHNSON
WILLIAM L. PROCTOR, PH.D.
LINDA K. TAYLOR
CONTACT
PERSONS
Name: Dr. Kim C. Komisar
Dr. Lee Clark
Phone: 850/245-0476
850/245-0478
Suncom: 205-0476
205-0478
Email:
Kim.Komisar@fldoe.org
Lee.Clark@fldoe.org
DPS# 05-047
MEMORANDUM
TO:
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Exceptional Student Education Directors
FROM:
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Jim Warford, Chancellor
DATE:
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October 13, 2004
SUBJECT:
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Behavioral Supports and Placement Decisions for Students with Disabilities
Section 300.550 (b)(2) of Title 34 of the Code of Federal Regulations implementing the Individuals
with Disabilities Education Act (IDEA) requires that “… special classes, separate schooling or other
removal of children with disabilities from the regular educational environment occurs only if the
nature or severity of the disability is such that education in regular classes with the use of
supplementary aids and services cannot be achieved satisfactorily.” Individual Educational Plan
(IEP) teams are required to consider a variety of factors when determining the least restrictive
environment for a student with a disability. In accordance with 34 CFR 300.346(a)(2)i, the IEP team
must “…in the case of a child whose behavior impedes his or her learning or that of others, consider,
if appropriate, strategies, including positive behavior
JIM WARFORD
K – 12 Chancellor
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
District School Superintendents and Exceptional Student Education Directors
October 13, 2004
Page 2
behavior.” For a student who is being considered for suspension for more than 10 school days in a
school year or for a removal that constitutes a change in placement under the IDEA, districts are
required to conduct a functional behavioral assessment (FBA) and implement a behavioral
intervention plan (BIP). As noted in the discussion section of the regulations related to these
requirements, these provisions are intended to foster increased participation of students with
disabilities in regular education environments or other less restrictive environments, and should not
serve as the basis for placing students with disabilities in more restrictive settings.
During recent months, concerns have been raised regarding the use of alternative educational
placements for students with disabilities who have been referred for disciplinary action. In an effort
to ensure that school districts continue to address the behavioral as well as academic needs of
exceptional students in the most effective manner possible, we would like to refer you to the
following resources:
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Florida’s Positive Behavioral Supports Project
http://www.fmhi.usf.edu/cfs/dares/flpbs/
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Determining Manifestation of Disability for ESE Students Being Considered for Disciplinary
Action
(technical assistance paper (TAP) FY 2001-7D)
http://www.firn.edu/doe/bin00014/pdf/y2001-7.pdf
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Alternative Schools/Public Private Partnership Incentives Projects
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Multiagency Service Network for Students with Severe Emotional Disturbance (SEDNET)
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Student Support Services Project
http://sss.usf.edu/
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Florida Inclusion Network (FIN)
http://www.floridainclusionnetwork.com/
Additional information regarding the objectives or activities of any of these projects may be obtained
by contacting our office. We hope the information provided here is helpful. If you have any
questions, please contact Dr. Lee Clark, Program Specialist for EH/SED and Discipline, or Dr. Kim
Komisar, Program Director, Monitoring, at (850) 245-0475, or via electronic mail at
Lee.Clark@fldoe.org or Kim.Komisar@fldoe.org.
cc:
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State Advisory Committee for the Education of Exceptional Students
Advocacy Center for Persons with Disabilities
