Information About Discipline

Students with disabilities are expected to follow the codes of conduct specified in the District’s Parent-Student Handbook. You should review the codes of conduct with your child so that he/she is aware of what behavior is expected at school. If your child is having behavioral problems at school, either you or school personnel may request an IEP team meeting to discuss appropriate instruction, behavioral support techniques, and/or behavioral supports that may assist in improving your child’s behavior. If the behavior is serious, either you or school personnel may request a Functional Behavior Assessment (FBA). Findings from the FBA may be used to develop or modify a Behavior Support Plan.

School personnel may remove a child with a disability who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting (IAES), another setting, or suspension, for not more than ten (10) school days. If school personnel recommend a change in placement (e.g., suspension, IAES, or expulsion that would exceed ten (10) school days), an IEP team meeting will be held as soon as possible, but no later than within ten (10) school days, to determine whether the behavior that gave rise to the violation of the school code was a manifestation of the child’s disability. Under the IDEA, a child’s conduct is a manifestation of his or her disability if : (1) the conduct was caused by, or had a direct and substantial relationship to, the child’s disability; or (2) the conduct was the direct result of the District’s failure to implement the child’s IEP.

If the IEP team determines that the behavior was not a manifestation of the child’s disability, the school may discipline the child in the same manner in which it would discipline children without disabilities. If the discipline involves a change of placement, the new placement will be determined by the IEP team. In the new placement the child will continue to receive educational services to enable the child to continue to participate in the general education curriculum and to progress toward meeting his or her IEP goals. The child may also receive a functional behavior assessment, and behavioral intervention services and modifications, as appropriate so that the conduct in question does not happen again.

School personnel may remove a student to an IAES for not more than forty-five (45) school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, in cases where a child carries or possesses a weapon, knowingly possesses or uses illegal drugs, sells or solicits the sale of a controlled substance, or inflicts serious bodily injury upon another person while at school, on school premises, or at a school function. In such instances, the IAES will be determined by the child’s IEP team. If the behavior does not involve a weapon, illegal drugs, or infliction of serious bodily injury, the District may request a hearing if it believes that maintaining the current placement is substantially likely to result in injury to the child or others. In making a determination in such a hearing, a hearing officer may order a change in placement to an appropriate IAES for not more than forty-five (45) school days.

If you disagree with: (1) any decision regarding placement resulting from or following disciplinary action; or (2) a manifestation determination, you may request an expedited due process hearing to appeal the decision or determination. The timelines for expedited hearings are faster than non- expedited due process proceedings. The timeline for conducting an expedited hearing is twenty (20) school days after a request for a hearing is made and the hearing officer is to render a decision within ten school days after the hearing. During the expedited hearing proceedings, your child will remain in the IAES unless you and the District agree otherwise. While in the IAES the child will continue to receive educational services to enable the child to continue to participate in the general education curriculum and to progress toward meeting his or her IEP goals.

Protections for Children Not Yet Eligible for Special Education and Related Services

If a child who has not been determined eligible for special education and related services violates a code of student conduct, but the District had knowledge before the behavior at issue occurred that the child had a disability, the child may assert any of the special education protections described above. The District is deemed to have knowledge that the child had a disability before the behavior occurred:

1. The parent expressed concern in writing that the child is in need of special education and related services to District administrative personnel or to the child’s teacher;

2. The parent requested a special education evaluation; or

3. The child’s teacher, or other District personnel, expressed specific concerns about a pattern of behavior demonstrated by the child to administrative personnel.

The District will not be deemed to have knowledge if the child’s parent has not allowed an evaluation or has refused special education services. The District will also not be deemed to have knowledge if the child has been evaluated and was found not eligible for special education and related services or if the parent has revoked consent for the continued provision of special education and related services. In such cases, the District may discipline the child in the same manner in which it would discipline children without disabilities.

If a request for an evaluation is made during the time a child is being disciplined, the District will conduct the evaluation in an expedited manner. Until the evaluation is completed, the child will remain in the educational placement determined by school authorities, which can include suspension or expulsion. If the child is determined to be eligible under the IDEA the District is required to provide special education and related services and adhere to the procedural safeguards set forth in this Guide.

Reporting of Crimes

The IDEA does not prohibit the District or its personnel from reporting a crime committed by a child with a disability to appropriate authorities. Nor does it prevent law enforcement and judicial authorities from exercising their responsibilities under the law. If the District reports a crime committed by a child with a disability, the District will ensure that copies of special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities.