Students with disabilities are neither immune from a school district's disciplinary process nor entitled to participate in programs when their behavior impairs the education of other students. Students with disabilities who engage in disruptive activities and/or actions dangerous to themselves or others will be disciplined in accordance with their IEP, any behavioral intervention plan and policy JKD-2.
Nothing in policy or regulation shall prohibit an IEP team from establishing consequences for disruptive or unacceptable behavior as a part of the student's IEP. The plan shall be subject to all procedural safeguards established by the IEP process.
Suspension for up to 10 school days
Students with disabilities may be suspended for up to 10 days in any given school year for violations of the student code of conduct. These 10 days need not be consecutive. Such suspensions shall not be considered a change of the student's placement. During any such suspension, the student shall not receive services.
Such suspensions must be for a definite period of time, not longer than 10 days. Such suspensions shall not be considered a change of placement.
Repeated suspension may not be used as a device to change a student's placement without the procedural safeguards provided in federal law.
Suspension or change of placement beyond 10 school days
Manifestation determination
When a disciplinary change in placement is being considered beyond 10 days in a given school year related to the behavior of a student with disabilities, school personnel, the parent, and relevant members of the child's IEP Team (as determined by the parent and school personnel) shall review the relationship between the student's disability and the behavior. Such a review must take place immediately, if possible, but no later than 10 school days from the date of the decision to take disciplinary action.
To determine whether the student's behavior is a manifestation of the disability, the staffing team will review the appropriateness of the current IEP and services and determine whether
the student's disability impaired his or her ability to control or understand the impact and consequences of the behavior.
Disciplinary action for behavior that is not a manifestation
Once the team determines that the behavior was not a manifestation of the disability, disciplinary procedures shall be applied to the student in the same manner as applied to nondisabled students.
During any period of suspension or change of placement beyond 10 days in any given school year, services shall be provided to the extent necessary to enable the student to continue to progress appropriately in the general curriculum and appropriately advance toward the goals of the IEP.
Disciplinary action and/or alternative placement for behavior that is a manifestation
A student with disabilities whose behavior is determined to be a manifestation of his or her disability may not be expelled but will be disciplined in accordance with his or her IEP, any behavioral intervention plan, and Policy JKD-2.
Students with disabilities, as with nondisabled students, who carry weapons to school, or possess, sell, or solicit drugs, may be suspended or removed to an alternative setting. Students with disabilities may not be removed to an alternative setting for more than an additional 45 school days in any given school year, beyond any 10-day suspension already given in that year.
A hearing officer may order removal to an alternative setting for 45 days, beyond any 10-day suspension already given in that year, when the district demonstrates by substantial evidence that maintaining the student's current placement is substantially likely to result in injury to the student or others.
Either before or within 10 days after any change in placement or suspension related to a disciplinary problem (beyond any 10-day suspension already given in that year), the IEP team must meet to conduct a manifestation determination, to determine an appropriate alternative setting, to develop a behavioral assessment plan or to review and modify an existing intervention plan, and to review and modify the IEP, where necessary.
During any period of suspension or change of placement beyond 10 days in any given school year, services shall be provided to the extent necessary to enable the student to continue to progress appropriately in the general curriculum and appropriately advance toward the goals of the IEP.
Expedited due process hearings
An expedited due process hearing is available when:
- The parent/guardian disagrees with the IEP team's determination regarding manifestation or with any decision regarding placement;
- The parent/guardian disagrees with the proposed new placement following an interim alternative placement;
- The district believes it is dangerous for the student to be returned to the previous placement.