** All correspondence from SEDCAR will be directed to the contact person identified in the PD web based data entry system at http://pd.nysed.gov. Please keep the contact person information current, including the e-mail address as most communication will occur via e-mail.

General Instructions for Completing the PD-8 Report

1. Report information for all students with disabilities (ages 3-21) who are the primary responsibility of your CPSE or CSE (or were enrolled in your Charter School), and who received in-school suspensions (Table 1); or were suspended on an out-of-school basis for up to ten days in the school year (Table 2); or were suspended on an out-of-school basis for more than ten days in the school year, or were removed to an Interim Alternative Education Setting (Tables 3 and 4). Special Act School Districts and other approved private schools that provide educational services for students with disabilities pursuant to Article 81 should complete the PD-8 report only for students with disabilities provided special education services pursuant to Article 81. Charter Schools should complete the PD-8 report for all enrolled students with disabilities.

2. Data should be reported for the period July 1, 2005 to June 30, 2006. Students whose suspension begins within the reporting period but extends beyond the reporting period must be included in this report. Also a student who commits an offense during this reporting period and is assigned a suspension but receives the suspension during the following reporting period must be included in this report.

3. Please refer to Part 201 of the Commissioner’s Regulations and Procedural Safeguards for Students with Disabilities Subject to Discipline at http://www.p12.nysed.gov/specialed/publications/lawsandregs/coverpage.htm.

4. If you have any questions or are in need of assistance in completing this report, please contact the Strategic Evaluation Data Collection, Analysis and Reporting unit by telephoning (518) 474-7965, or e-mailing your questions to dataquest@nysed.gov.

Definitions of Terms Found in Table 1-4

In-School Suspension (ISS) (Table 1) – Instances in which a student is temporarily removed from his/her regular classroom(s) for disciplinary purposes but remains in the school he or she regularly attends under the direct supervision of school personnel. This term does not include behavioral intervention such as “time out” nor disciplinary detentions that are administered before or after the student’s school day.

Out-of-School Suspension - Instances in which a student is temporarily removed from his/her regular school for disciplinary purposes to another setting outside the school he or she regularly attends.

Unilateral Removal to an Interim Alternative Educational Setting (Table 3, column 1; Table 4, column 1) – Instances in which school personnel (not the CPSE or CSE) order the removal of students with disabilities from their current educational placement to an appropriate interim alternative educational setting determined by the CSE or CPSE for the same amount of time that students without disabilities would be subject to discipline, but for not more than 45 school days, if the students carry a weapon to school or to a school function, knowingly possess or use illegal drugs while at school or a school function, or sells or solicits the sale of a controlled substance while at school or a school function or inflicts serious bodily injury upon another person while at school, on school premises, or at a school function. (See definitions in Part 201 of the Commissioner’s Regulations.)

Removal by an Impartial Hearing Officer (Table 3, column 2; Table 4, column 2) – Those instances in which an impartial hearing officer orders the removal of students with disabilities from their current educational placement to an appropriate interim alternative educational setting for not more than 45 school days based on the impartial hearing officer’s determination that the public agency has demonstrated by substantial evidence that maintaining the current placement is substantially likely to result in injury to the student and/or to others. Impartial hearing officer means an impartial hearing officer as defined in subdivision (x) of section 200.1 of the Commissioner’s Regulations who is appointed to conduct an impartial hearing or expedited due process hearing pursuant to Education Law section 4404(1). Such term shall not include a hearing officer designated by a superintendent of schools to conduct a superintendent's hearing pursuant to Education Law section 3214.3(c).

Dangerous weapon (Table 3, column 1C; Table 4, column 1C) – A weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except that such a term does not include a pocket knife with a blade of less than 2 ½ inches in length (18 U.S.C. §930).

Drug offenses (Table 3, column 1B; Table 4, column 1B) – The use, possession, sale, or solicitation of drugs as identified in 21 U.S.C. §812; these offenses do not include use, possession, sale, or solicitation of alcohol or tobacco.

Serious Bodily Injury – A bodily injury that involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss of impairment of the function of a bodily member, organ or faculty (18 U.S.C. section 1365(3)(h)).

Race/ethnicity – Students with disabilities’ race/ethnicity must be reported consistently on all PD forms and other Department data collection instruments. Each student must be reported in only one of the race/ethnicity categories described below. We recommend the parents be provided an opportunity to designate their children as belonging to one race/ethnicity category. If they are unable to choose among the categories, school district personnel must use their best judgment and report the student in the category based on the group to which the student appears to belong, identifies with, or is regarded in the community as belonging.
 

Instructions for Table 1 and Table 2

• In Tables 1 and 2, report the number of preschool (Line 14) and school-age (Lines 1-13) students with disabilities who received ISS for disciplinary reasons (Table 1) or who were suspended out-of-school for up to 10 days (Table 2), between July 1, 2005 and June 30, 2006.

• A student may be reported in both Table 1 and in Table 2; if the same student received ISS and out-of-school suspension (for ten days or less) during the time frame addressed in this report.

• Data are to be reported in whole day increments. For data purposes only, a student who received ISS or was suspended out-of-school for a portion of the school day should be reported if such removals amounted to 50 percent or more of the school day.

• Each student with a disability who received ISS or was suspended out-of-school for up to 10 days should be reported in the appropriate table according to the cumulative number of days of such removals. For example, a student removed three times (once, ISS for one and one-fourth day; and twice out-of-school suspension for 3 days each) should be reported in the 1 Day column in Table 1 and in the 6-10 Days column in Table 2.

• ISS and out-of-school suspension data for all preschool students with disabilities, who are provided special education programs and services pursuant to sections 4410 and 4201 of the Education Law, should be reported in line 14 of the appropriate table.

• In cases where a student’s disability category has been changed during the course of the school year, data should be reported based on the most recent classification category.

Instructions for Table 3 and Table 4

• Report data in Table 3 (by disability category) and in Table 4 (by race/ethnicity category) for all preschool and school-age students with disabilities removed to an interim alternative education setting or suspended or expelled, out-of-school, for more than 10 school days in a school year. (Do not report in Tables 3 and 4 students with disabilities who received ISS, regardless of the cumulative length of time of the ISS) Such data are to be reported for the period July 1, 2005 to June 30, 2006.

• In Tables 3 and 4, the number reported in each Line of Column 1A should be less than or equal to the sum of each Line of Columns 1B, 1C and ID. The number reported in each Line of Column 3A should be less than or equal to the sum of each Line of Columns 3B and 3C. The number reported in each Column in Line 15 of Table 3 should equal the number reported in the corresponding Column in Line 6 of Table 4.

Specific Instructions for Table 3

• In Table 3, data are reported by disability category.

• In Column 1A, provide an unduplicated count of students ages 3-21 who were unilaterally removed for drug, weapons offenses, or serious bodily injury (as defined above) by school personnel from their current educational placement to an interim alternative educational setting.

• In Column 1B, report the total number of times students ages 3-21 were unilaterally removed for drug and controlled substances offenses, as defined above.

• In Column 1C, report the total number of times students ages 3-21 were unilaterally removed for weapons offenses, as defined above.

• In Column 1D, report the total number of times students ages 3-21 were unilaterally removed for incidences involving serious bodily injury. A student may be counted more than once in Columns 1B, 1C, and 1D.

• In Column 2, report the total number of students, ages 3-21, who were removed to an interim alternative educational setting based on an impartial hearing officer determination of likely injury. Provide an unduplicated count of students removed by a hearing officer.

• In Column 3A, provide an unduplicated count of students ages 3-21 who were suspended or expelled for more than 10 days during the school year for any offense or combination of offenses. Include only out-of-school suspensions.

• In Column 3B, report the number of times students ages 3-21 were subject to a single suspension/expulsion of more than 10 days in a school year. A student may be counted more than once in Column 3B. In Column 3C, report the number of students ages 3-21 who were subject to multiple short-term suspensions summing to more than 10 days. A student may be counted only once in Column 3C. Include only out-of-school suspensions.

• The student counts for Columns 1A and 3A are unduplicated within each of these columns. Each student counted in Columns 1B, IC and/or 1D should be counted once, and only once, in Column 1A. Similarly, each student counted in Columns 3B and/or 3C should be counted once, and only once, in Column 3A.

• A student initially suspended on a short-term basis out-of-school pending a suspension hearing and subsequent to the suspension hearing is suspended for additional days should be reported as a single suspension, based on the total days suspended.

• A student initially suspended on a short-term basis in-school pending a suspension hearing and subsequent to the hearing is suspended on an out-of-school basis should be reported in Table 1. The same student should also be reported in Table 2 or in Tables 3 and 4.

Specific Instructions for Table 4

The columns found in Table 3 are repeated in Table 4, and all students reported in Table 3 must also be reported in Table 4. Every Column Total in Table 3 must equal the corresponding Column Total in Table 4. In Table 4, data are reported by race/ethnicity categories.
Definitions for Table 3 and Table 4

Unilateral Removal (Table 3, column 1; Table 4, column 1) – Instances in which school personnel (not the CPSE or CSE) order the removal of students with disabilities from their current educational placement to an appropriate interim alternative educational setting for the same amount of time that students without disabilities would be subject to discipline, but for not more than 45 calendar days, if the students carry a weapon to school or to a school function, knowingly possess or use illegal drugs while at school or a school function, or sell or solicit the sale of a controlled substance while at school or a school function.

Removal by an Impartial Hearing Officer (Table 3, column 2; Table 4, column 2) – Those instances in which an impartial hearing officer orders the removal of students with disabilities from their current educational placement to an appropriate interim alternative educational setting for not more than 45 calendar days based on the impartial hearing officer’s determination that the public agency has demonstrated by substantial evidence that maintaining the current placement is substantially likely to result in injury to the student and/or to others.

Dangerous weapon (Table 3, column 1C; Table 4, column 1C) – A weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except that such a term does not include a pocket knife with a blade of less than 2 ½ inches in length (18 U.S.C. §930).

Drug offenses (Table 3, column 1B; Table 4, column 1B) – The use, possession, sale, or solicitation of drugs as identified in 21 U.S.C. §812; these offenses do not include use, possession, sale, or solicitation of alcohol or tobacco.

• Report data in Table 3 (by disability category) and in Table 4 (by race/ethnicity category) for all preschool and school-age students with disabilities removed to an interim alternative education setting or suspended or expelled, out-of-school, for more than 10 school days. (Do not report in Tables 3 and 4 students with disabilities who received in-school-suspensions, regardless of the cumulative length of time of the in-school suspensions.) Such data are to be reported for the period July 1, 2004 to June 30, 2005.

• In Tables 3 and 4, the number reported in each Line of Column 1A should be less than or equal to the sum of each Line of Columns 1B and 1C. The number reported in each Line of Column 3A should be less than or equal to the sum of each Line of Columns 3B and 3C. The number reported in each Column in Line 15 of Table 3 should equal the number reported in the corresponding Column in Line 6 of Table 4.
   

TABLE 1 – REPORT OF PRESCHOOL AND SCHOOL-AGE STUDENTS WITH DISABILITIES WHO RECEIVED "IN-SCHOOL SUSPENSIONS" FOR DISCIPLINARY REASONS - SCHOOL YEAR 2005-2006 (July 1, 2005 to June 30, 2006)
 

Note: Students with disabilities suspended out-of-school for more than 10 days must be reported in Tables 3 and 4

TABLE 3 – REPORT OF STUDENTS WITH DISABILITIES, AGES 3-21, UNILATERALLY REMOVED TO AN INTERIM ALTERNATIVE EDUCATION SETTING, OR SUSPENDED OR EXPELLED, OUT-OF-SCHOOL, FOR MORE THAN 10 DAYS, DURING 2005-2006 SCHOOL YEAR, BY DISABILITY

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