Nothing in this policy shall prohibit an IEP team from establishing consequences for disruptive or unacceptable behavior as a part of the student's IEP and/or behavioral intervention plan.
Suspensions, expulsions and provision of services
Students with disabilities may be suspended for up to 10 school days in any given school year for violations of the student code of conduct. These 10 days need not be consecutive. During any such suspension, the student shall not receive educational services.
A disciplinary change of placement occurs when a student is removed for more than 10 consecutive school days or subjected to a series of removals that constitute a pattern of removal under governing law.
Upon the eleventh school day of suspension or removal when such suspension or removal does not result in a disciplinary change of placement, educational services shall be provided to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP. School personnel, in consultation with at least one of the student's teachers, shall determine the educational services to be provided to the student during this period of suspension or removal.
When a student is expelled or subject to a removal that results in a disciplinary change of placement, educational services shall be provided as determined by the student's IEP team to enable the student to participate in the general education curriculum, although in another setting, and to progress toward meeting his or her IEP goals.
Prior to expulsion or other disciplinary change in placement, the student's parents shall be notified of the decision to take such disciplinary action and of their procedural safeguards. This notification shall occur not later than the date on which such decision is made.
Manifestation Determination
Within 10 school days from the date of the decision to take disciplinary action that will result in a disciplinary change of placement, school personnel, the parent and relevant members of the child's IEP Team (as determined by the parent and the school personnel), shall review all relevant information in the student's file, including the student's IEP, any teacher observations, and any relevant information provided by the parents, to determine whether the student's behavior was a manifestation of the student's disability.
The team shall determine: (1) whether the student's conduct in question was caused by, or had a direct and substantial relationship to, the student's disability; and (2) whether the student's conduct in question was the direct result of the school's failure to implement the student's IEP. If the answer to either of these two questions is "yes," the student's behavior shall be deemed to be a manifestation of the student's disability.
Disciplinary action and/or alternative placement for behavior that is a manifestation
If the team determines that the student's behavior is a manifestation of the student's disability, expulsion proceedings or other disciplinary change of placement will be discontinued. However, the student may be placed in an alternative setting for up to 45 school days as discussed below or the student's placement may be changed for educational reasons as determined by the IEP team or as otherwise permitted by law.
Within a reasonable amount of time after determining that the student's behavior is a manifestation of the student's disability, the student's IEP team shall: (1) conduct a Functional Behavior Assessment (FBA) of the student, unless an FBA has already been conducted; and (2) implement a Behavior Intervention Plan (BIP) for the student. If a BIP has already been developed, the IEP team shall review it and modify it as necessary to address the student's behavior.
Placement in an alternative setting for 45 school days
School personnel may remove a student with disabilities to an interim alternative setting for not more than 45 school days without regard to the manifestation determination if:
Adoption Date: November 14, 2005
Last Revised: May 09, 2011
- The student carried a weapon to school or a school function;
- The student possessed a weapon at school or a school function;
- The student possessed or used illegal drugs at school or a school function;
- The student sold or solicited the sale of a controlled substance at school or a school function;
- The student inflicted serious bodily injury on another person while at school or a school function; or
- A hearing officer or court of appropriate jurisdiction so orders.
- The student's parent has expressed concern in writing to district supervisory or administrative personnel, or the student's teacher, that the student is in need of special education and related services;
- The student's parent has requested an evaluation; or
- The student's teacher or other district personnel have expressed specific concerns about the student's pattern of behavior directly to the director of special education or other district supervisory personnel.
| Cross References: | JIC – Student Conduct |
| JK – Student Discipline | |
| JRC – Student Records/Release of Information on Students | |