Embedded Files
Board Policy
Board Policy
Disciplinary process
Students with disabilities are not exempt from school disciplinary processes, nor are they entitled to remain in a particular educational program when their conduct substantially impairs the education of other students in the program. However, federal and state laws and regulations require schools to meet the individual educational needs of such students to the extent possible.
The process of disciplining a student who receives special education services involves both administrative authorities who are responsible for discipline and the special education department, including teachers and administrators who have been assigned specific responsibilities in the implementation of the student’s individualized education program (IEP).
Program prescriptions
An IEP team may prescribe or prohibit specified disciplinary measures for an individual student by including appropriate provisions in the student’s IEP. The committee must take into consideration the student’s disabling condition when deciding whether or not staff may use a particular form of discipline. Administrative authorities will observe any such provisions contained in a student’s IEP.
Suspensions
The administration may suspend a student with a disability unless a suspension is prohibited by the student’s IEP. At the end of the suspension, the school should return the student to the same educational placement, if appropriate.
The school may suspend a student for not more than ten (10) consecutive school days, and for additional removals of not more than ten (10) consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change in placement under the law).
However, students who bring weapons to school or a school function, knowingly possess or use illegal drugs or solicit the sale of controlled substances, or inflict serious bodily injury upon another person while at school or a school function may be removed for up to forty-five (45) days at a time. If school officials believe that a student with a disability is substantially likely to injure him/herself or others in the student’s regular placement, they may ask an impartial hearing officer to order that the student be removed to an interim alternative educational setting for a period up to forty-five (45) days.
Expulsions
Expulsion of a student with a disability is equivalent to a change in educational placement and, therefore, requires special procedures. Before such a student may be expelled, a multi-disciplinary team must determine whether or not there is a connection or causal relationship between the disabling condition and the misconduct. If so, then expulsion resulting in cessation of educational services for the student would be unallowable.
The district will continue to provide a free and appropriate education as set forth in a student’s IEP to expelled students with disabilities.
Immediate removal
Nothing contained in this administrative rule will be construed as limiting an administrator’s ability to remove a student with a disability from school immediately under emergency conditions.
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