The procedures for the discipline of students with disabilities must be in accordance with section 3214 of the Education Law and Part 201 of the Regulations of the Commissioner of Education. While the school has the authority to suspend or remove your child for violating the school’s code of conduct, you and your child have certain rights throughout the process.
You have the right:
to be notified immediately by telephone, if possible, and to receive written notice within 24 hours of a proposed suspension of five school days or less. The notice should describe the incident, proposed suspension and your child’s rights. You also have the right to request an informal conference with the school principal prior to the suspension unless your child’s presence in school poses a danger.
to receive written notice of your opportunity for a superintendent’s hearing, if the suspension is for more than five consecutive school days, which describes your child’s rights to counsel and to question and present witnesses.
for your child to receive alternative instruction during the first ten days of any suspension or removal to the same extent as nondisabled students, if your child is of compulsory school age.
for your child to receive education services necessary to enable your child to progress in the general education curriculum and appropriately advance toward achieving his or her IEP goals if your child is suspended or removed for more than ten school days in a school year.
for your child also to have services to address the behavior that resulted in the disciplinary action if your child is removed to an interim alternative educational setting.
to have the CSE develop or review and implement a behavioral intervention plan for your child that is based on the results of a functional behavioral assessment, if your child is suspended or removed for more than ten school days in a school year.
to a CSE meeting to determine whether your child’s behavior which led to the disciplinary action is related to his or her disability (manifestation determination) when the suspension or removals results in your child being suspended or removed for more than ten school days in a school year (disciplinary change in placement).
for your child not to be suspended or removed for behaviors that are determined to be related to your child’s disability, except for suspensions or removals ten school days or less in a school year and for removals to interim alternative educational settings.
to challenge, in an expedited due process hearing before an impartial hearing officer, the decision of the CSE regarding the relationship between your child’s behavior that resulted in a disciplinary action and his or her disability (manifestation determination).
to challenge, in an expedited due process hearing before an impartial hearing officer, any placement decision related to discipline.
Important Links:
Rondout Valley CSD Code of Conduct