The Student Code of Conduct (SCC) sets out a comprehensive code of conduct for South Bend Community Schools and the role of appropriate discipline in achieving quality education for every student every day. The guide has two major components. One is a clear set of behavioral expectations for students, staff, and parents. The other is guidance for responding effectively when students’ behavior does not meet those expectations—that is, responding in ways that not only correct behavior but that also repair harm, affirm expectations, further students’ education, and strengthen the school community. This Student Code of Conduct reflects the school corporation’s commitment to Culturally Responsive Positive Behavioral Interventions and Supports, and to building positive school communities where every student can thrive. It incorporates restorative justice strategies that are proven to enhance community safety, build mutual responsibility, and reduce suspensions and expulsions. Its aim is to help the corporation and all its stakeholders ensure that our schools are safe places where every student is fully educated for personal success and responsible citizenship.

Students who are eligible and receive Special Education services are expected to follow the SBCSC Student Code of Conduct (SCC) unless otherwise indicated in a Behavior Intervention Plan as part of his/her Individual Education Plan (IEP).  Students with Special Education eligibility are afforded certain protections under the law including:  Manifestation Determination Conferences (MDCs), Interim Alternative Educational Setting (IAES) such as APPROVE or homebound, ten day limit of out of school suspensions in a school year and due process.   

Students with disabilities should not receive a more severe consequence than that of their general education peers for the same offense.  For example:  If there is an incident that equally involves both a general education student and a special education student, and the general education student is allowed to return to school, the special education student should be allowed to do the same.

Out of School Suspension

State law defines suspension “as a unilateral, temporary removal” of a student from that student’s current placement.  Suspension for even part of a day constitutes a full day of suspension.  Ten (10) cumulative days is the total number of days that a student with a disability can be suspended and/or not receive educational services.  Department and Corporation guidelines do not allow out of school suspensions beyond 10 days per school year. If bus transportation is part of the student’s IEP as a related service, a suspension from the bus is considered an out of school suspension unless the school provides alternative transportation for the student.

School Administrators must inform the student’s TOR each time the student receives an OSS and the information provided should include the nature of the incident.

A short term removal of a student pursuant to the student’s IEP (e.g. At Home Isolation) is not considered a suspension/removal.   However, if the use of short term removal is being used regularly, the CCC should re-convene to make adjustments to behavioral strategies in the IEP.  

Once the student reaches the ten day limit, the school must:

• Conduct a Manifestation Determination Conference within ten days of the last day of suspension

• Add a Functional Behavioral Assessment (FBA) and Behavioral Intervention Plan (BIP) to the student’s IEP.  If the student has a BIP, the case conference committee must review the plan and make any necessary modifications.

• Continue to provide services that enable the student to progress appropriately in the general education curriculum and/ or advance toward achieving the goals set out in the student’s IEP.

In School Suspension

In-school suspensions (ISS) count toward the ten cumulative instructional days of suspension unless the student is given the opportunity to:

• Participate appropriately in the general education curriculum; and

• Receive special education services as specified in the student’s IEP; and

• Participate with students without disabilities to the extent the student would have in his/her current placement.

If in-school suspensions or “alternative programming” do not meet the criteria listed above, they constitute a change of placement because frequent and excessive departures from the services outlined in a student’s IEP are a denial of a Free and Appropriate Public Education (FAPE).  

School Administrators must keep the student’s TOR informed of the number of ISS days, without services (removal), and the nature of the incidents.

Manifestation Determination Conference

A Manifestation Determination Conference (MDC) must be held for Special Education students if they a) have been suspended for 10 cumulative days or b) whose expulsion has been requested.  The MDC is to determine if the student’s behavior (the reason for which they were suspended or for which the expulsion was requested) was caused by or had a direct relationship to the student’s disability, and/or if the behavior is the direct result of the failure of the school to implement the student’s IEP.

Disciplinary Change of Placement

According to Indiana Article 7, a change in placement occurs when a student is suspended for ten cumulative instructional days, and the series of suspensions “constitutes a pattern” due to:  the length of each suspension, the cumulative time of the suspensions, and the proximity of the periods of suspension to one another.

School personnel must consider such factors as:

• A student’s disciplinary history

• Ability to understand consequences

• Supports provided to the student prior to the code of conduct violation

• Other relevant considerations

These factors may constitute “unique circumstances” when determining whether a disciplinary change of placement is appropriate.  

According to SBCSC Special Education Services guidelines, any student with a disability who has been suspended for ten cumulative days for the school year is considered to have had a change in placement.  A Manifestation Determination Conference (MDC) is required for these students.

Multiple Suspension MDC Procedure

A Multiple Suspension MDC must be held for any student with a disability who has been suspended for a total of ten days during a school year, even if the tenth day of suspension is the last day of the school year.  Suspensions/Removals (out-of-school or in-school) in excess of 10 days without the provision of special education services is a violation of federal and state law.  The Indiana Department of Education and the U.S. Office of Civil Rights are responsible for monitoring these violations and do so closely. The MDC must be held within 10 instructional days of the 10th day of suspension. The student must be allowed to receive special education services during the days they are not suspended, and until the conference is held.

Responsibilities

Administrators

• Contact the district support team leader to schedule the Multiple Suspension MDC.

• Notify the parent of the Multiple Suspension MDC, confirming that the date and time scheduled works for the parent.  If not, the conference will need to be re-scheduled at a time the parent(s) can attend.

Support Team

• Coordinate the conference time and location with administration and Teacher Of Record.

• Notify Special Education Services that an MDC has been scheduled.

• Pick up the MDC paperwork from Special Education Services.

Teacher Of Record

• Send the Notice of Case Conference to the parent.

• Document all efforts to contact the parent/guardian by phone, mail, etc. in IIEP.

• Review the current IEP/BIP and make all potential changes and/or updates in the revision draft.

• Bring all IEP paperwork to the conference (Notice, Procedural Safeguards, Draft IEP).

• After the conference:  provide a copy of the MDC paperwork to the parent, place a copy of the MDC paperwork in the student’s cum file, finalize the MDC IEP, disseminate the MDC IEP paperwork. 

Conference Meeting

Requirements for MDC participants are the same as required for other case conferences.   In general, the following people attend an MDC:

• Parent/guardian

• Student (if age 14 or older)

• School Administrator or Designee

• Student’s General Education Teacher

• Student’s Teacher of Record

• Special Ed Support Team member

The MDC committee reviews evaluation/diagnostic results, observations of the student, the student’s current IEP, behavioral records, and/or other pertinent data.  

The MDC committee must not presume a relationship based solely on the student’s eligibility.   

Information to consider when determining the link between the student’s disability (not eligibility) and the conduct in question includes:

• What has been the trend of the student’s IEPs for the past several years?

• What are the areas of focus for goals and objectives?

• What information is provided in the present levels of performance that is relevant to the behavior in question?

• Has there been any functional behavior assessments or behavior intervention planning?

• What has been the level or intensity of special education programming over the past couple of years?

• How does the current IEP address behaviors that relate to the misconduct?

• Was the IEP being followed in all settings by all persons?

• What trends are seen in the evaluations that have been conducted?

• What behaviors occurred on the date of the incident?

• How did the student respond in the investigatory interview?

• Who was involved in observing the misconduct?

• Have similarly related behaviors been observed prior to this misconduct?

• If this MDC concerns cumulative suspensions, then review discipline history.

Taking into consideration the answers to the questions above, the MDC committee is to answer the following questions in the IEP:

• Was the conduct in question (multiple suspension) caused by; or did it have a direct relationship to the student’s disability; AND

• Was the conduct in question (suspension) the direct result of the failure of the school to implement the student’s IEP?

If the answer to either of the two questions above is yes, the conduct in question (behaviors that have resulted in suspension) is considered a manifestation of the student’s disability.  If it was determined that the conduct in question was the direct result of the failure of the school to implement the student’s IEP, immediate action must be taken to ensure that the IEP is implemented as written.

As part of every multiple suspension MDC, the committee must review and revise, if needed, the:  IEP, Functional Behavioral Assessment (FBA), and Behavioral Intervention Plan (BIP).  

Once a student has reached ten days of suspension, a student may not be suspended again for the remainder of the school year.

Expulsion MDC

Federal and state law defines longer term removals (expulsion) as a change of placement.

Under state law, if it is determined that the behavior was a manifestation of the student’s disability, the student retains the right to remain in his/her current placement unless any of the following apply:

• • The expulsion request is for a:  weapon, drug offense, or serious bodily injury

  • The parents of the student agree with the change of placement.

Students receiving special education services may be subject to expulsion from school.  However, before proceeding with the expulsion process, a Manifestation Determination Conference (MDC) must be held.   This MDC must occur within ten instructional days of the decision to recommend expulsion.  

Responsibilities

Administrator

• • Notify the parent of the incident and the request for expulsion. The request for expulsion must be submitted within 5 days from the date of the incident.

  • Contact Special Education Services to schedule a mutually agreeable time between parents, school staff, and special education administrator for the Manifestation Determination Conference.  Inform the parent of the date/time of the MDC.

  • Notify the Teacher Of Record of the MDC so he/she can send the Notice of Case Conference to the parent.

  • Submit the Letter to the Superintendent and the Recommendation for Student Expulsion form (see Student Services Department Handbook) on the X-drive within 5 days of the infraction.

Support Team

• Work with Special Education Services to arrange for a recorder to attend the conference at the designated date and time.

Teacher Of Record

• • Send the Notice of Case Conference to the parent.

  • Document all efforts to contact the parent/guardian by phone, mail, etc. in IIEP.

  • Review the current IEP/BIP and make all potential changes and/or updates in the revision draft.

  • Bring all IEP paperwork to the conference (Notice, Procedural Safeguards, Draft IEP).

  • After the conference:  provide a copy of the MDC paperwork to the parent, place a copy of the MDC paperwork in the student’s cum file, finalize the MDC IEP, disseminate the MDC IEP paperwork. 

Conference Meeting

The requirements for MDC participants are the same as required for other case conferences.   In general, the following people attend an MDC:

• Parent/guardian

• Student (if age 14 or older)

• School Administrator or Designee

• Student’s General Education Teacher

• Student’s Teacher of Record

• Special Education Administrator

The MDC committee reviews evaluation/diagnostic results, observations of the student, the student’s current IEP, behavioral records, and other pertinent data.  

The MDC committee must not presume a relationship based solely on the student’s eligibility.   

Information to consider when determining the link between the student’s disability (not eligibility) and the conduct in question includes:

• • What has been the trend of the student’s IEPs for the past several years?

  • What are the areas of focus for goals and objectives?

  • What information is provided in the present levels of performance that is relevant to the behavior in question?

  • Has there been any functional behavior assessments or behavior intervention planning?

  • What has been the level or intensity of special education programming over the past couple of years?

  • How does the current IEP address behaviors that relate to the misconduct?

  • Was the IEP being followed in all settings by all persons?

  • What trends are seen in the evaluations that have been conducted?

  • What behaviors occurred on the date of the incident?

  • How did the student respond in the investigatory interview?

  • Who was involved in observing the misconduct?

  • Have similarly related behaviors been observed prior to this misconduct?

Taking into consideration the answers to the questions above, the MDC committee is to answer the following questions in the IEP:

• • Was the conduct in question (multiple suspension) caused by; or did it have a direct relationship to the student’s disability; AND

  • Was the conduct in question (suspension) the direct result of the failure of the school to implement the student’s IEP?

If the answer to either of the two questions above is yes, the conduct in question (behaviors that have resulted in suspension) is considered a manifestation of the student’s disability.  If it was determined that the conduct in question was the direct result of the failure of the school to implement the student’s IEP,  immediate action must be taken to ensure that the IEP is implemented as written.

As part of every multiple suspension MDC, the committee must review and revise, if needed, the:  IEP, Functional Behavioral Assessment (FBA), and Behavioral Intervention Plan (BIP).  

Immediately after the MDC, the IEP will be revised if there is a change of placement, services, and/or accommodations.

When a relationship exists between the student’s disability and the conduct in question, the student may not be expelled.   An expulsion hearing before the SBCSC’s Community Control Panel is not scheduled.

• The student retains right to remain in current educational setting (unless drugs, weapons, or serious bodily injury) OR

• The MDC may recommend Interim Alternative Educational Setting(IAES) (e.g. APPROVE, Homebound).  The dates for the Interim Alternative Educational Setting (IAES) would begin with the date of the MDC and end no more than 45 instructional days later.

  • • The services, LRE, subjects, percent of special education services, etc. need to reflect the IAES.

    • A Transportation form must be submitted by the Teacher Of Record for the IAES.

    • Prior to the student's return to school, a case conference must be held to revise the IEP for services in his/her school of legal residence.

    • The teacher of record at the school of legal residence remains the TOR during the student’s IAES placement, and is responsible for conducting the case conference and submitting the Transportation form for the return to school of legal residence.

If there is a disagreement about the MDC placement recommendations:

• • The parent may file a written dissenting opinion with the Director of Special Education Services within 10 days of receipt of the finalized MDC IEP.  

    • • The parent should not be asked to sign the implementation page of the MDC IEP.

      • The student must remain in the current placement unless the parent and school agree otherwise; or unless the misconduct involved:  drugs, weapons, or serious bodily injury.

      • A finalized copy of the MDC IEP should be faxed to the Department of Special Education Services.

  • The parent may request mediation and/or a due process hearing to challenge the decisions or the recommendations of the Manifestation Determination Conference.

    • • The parent should not be asked to sign the implementation page of the MDC IEP.

      • The student must remain in the current placement unless the parent and school agree otherwise; or unless the misconduct involved:  drugs, weapons, or serious bodily injury.

      • A finalized copy of the MDC IEP should be faxed to the Department of Special Education Services.

If no relationship is found between the student’s disability and the conduct in question, the student will be subject to the same disciplinary action as that of their non-disabled peers, which means that he/she will be scheduled for a Community Control Panel expulsion hearing.  As part of this process, the School Supervisor reviews the expulsion request to determine if it is appropriate to continue to the Community Control Panel.   If so, the Student Services Department will contact the parent via certified mail to schedule the student’s hearing.  The parent and student must then appear before the Community Control Panel (CCP).

While the student is waiting to appear before the CCP, special education services are provided.

• The MDC committee may recommend that services be provided via a placement at APPROVE or through homebound services.

  • • Student may attend APPROVE or homebound until the decision of the CCP is received.

    • Student remains enrolled at school of legal residence with current TOR.

    • Student is not marked absent, attendance is taken at APPROVE or by the homebound instructor. 

Interim Alternative Educational Setting (IAES)

APPROVE is an Interim Alternative Educational Setting (IAES) designed for students recommended for expulsion due to drugs, weapons, or serious bodily injury.  Services are determined by the case conference committee.  SBCSC typically provides transportation to students who attend APPROVE.

Students may receive IAES services through Homebound Instruction.  Homebound instruction is typically provided at a public site such as a public library but in special circumstances can be provided at the student’s home school.  Services are determined by the case conference committee. Homebound is typically done after school hours but can be provided during the day depending on the homebound instructor’s schedule.  SBCSC typically provides transportation for students who receive homebound instruction.

Potential Outcomes from the Community Control Panel (CCP)

CCP recommends that the student return to his/her home school:

• The decision of CCP is sent to parents, Special Education Services, home school, and the support team.

• The student returns to his/her home school.

• If the IEP was revised at the MDC and can be implemented as written, no additional conference is needed; otherwise a conference will need to be held.

• If the student has been at APPROVE, or receiving homebound services, the APPROVE teacher or homebound instructor sends grades, present level, and attendance to the TOR.

• No changes are made in enrollment or TOR.

• If the student requires transportation as a related service, a transportation form will be submitted by the TOR.

• If the CCP specifies that the Alternative to Expulsion Agreement is to be signed, it is signed at the case conference.

  • • If the Agreement is broken after the student returns to the home school, the school must request a case conference to address the behavior and if appropriate, determine placement.

      • • If the offense is the same behavior for which the home school recommended expulsion, the case conference could determine the student return to APPROVE.

        • If the offense is for a different behavior, the school must follow the expulsion process.

CCP recommends that the student attend another SBCSC school:

• The decision is sent to Special Education Services.

• The Special Education Director assigns new school.   A letter is sent to:  parents, home school, receiving school and TOR.

• The TOR at the home school schedules a case conference with the new school in attendance.

• If a student has been at APPROVE, or receiving homebound services , the APPROVE teacher or homebound instructor sends grades, present level, and attendance to the TOR.

• An IEP revision will be written stating that the student will return to his/her home school following the end of the recommended period of expulsion.  Provisions for the new and home school are written into the IEP.

• After completion of the case conference, the student is withdrawn from his/her home school and is enrolled at his/her new school.

• A TOR at the new school is assigned.

• The student will return to his/her home school at the end of the semester or start of the next school year, depending on expulsion request, unless the parent makes a written request for an administrative transfer to the designated primary, intermediate or high school supervisor.  

• If the CCP specifies that the Alternative to Expulsion Agreement is to be signed, it is signed at the case conference.

  • • If the Agreement is broken, the new school must request a case conference to address the behavior and if appropriate, to determine placement.

      • • If the offense is the same behavior for which the home school recommended expulsion, the case conference could determine the student return to APPROVE.

        • If the offense is a different behavior, the new school must follow the expulsion process.

CCP recommends expulsion for the remainder of semester or school year:

• The student’s services must be provided at an IAES for the duration of the expulsion period.

• The Student remains enrolled in his/her home school with his/her current TOR.

• The IEP revision must clearly state that the student will return to his/her home school at the end of the time period for which the expulsion request is made (usually end of semester or the start of the next school year).

• If the case conference committee determines the student is going to APPROVE:

  • • The student remains enrolled in his/her home school with his/her TOR.

    • The student should not be marked absent at his/her home school, and attendance will be taken at APPROVE.

    • Transportation is provided as a related service and a the TOR submits a Transportation form.

• If the case conference committee determines the student is going to receive homebound services:

  • • Homebound services are typically NOT provided in the home but rather at a public site such as a public library.

    • Special Education Services must be notified immediately of the decision to request homebound services.

    • The revised IEP should be faxed immediately to Special Education Services.

    • If there is a teacher at the school who is willing to do the homebound, please notify Special Education Services.

    • The homebound tutor contacts the parent to establish a time and location for homebound services.

    • Transportation can be provided as a related service.

      • • If the student is to receive transportation, it is necessary for the tutor to notify the TOR so that the TOR can submit a Transportation form reflecting the decided upon time and location of services.

Weapons, Drugs, Serious Injury

School administrators may recommend any student for expulsion for:

• Carrying or possessing a weapon to or at school, on school premises, or to, or at a school function under the jurisdiction of the school corporation;

• Possessing and/or using illegal drugs, selling or soliciting the sale of a controlled substance while at school or a school function under the jurisdiction of the school corporation;

• Inflicting serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the school corporation.

An MDC  must be conducted; however, even if the student’s conduct is determined to be a manifestation of the student’s disability, the student remains in the interim alternative education setting.

The interim alternative educational setting must allow the student to:

• Continue to participate in the general curriculum  (although in another setting);

• Progress toward meeting the goals in the student’s IEP; and

• Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and accommodations that are designed to address the behavior violation so that it does not reoccur.

Dangerous Students

If the school considers that keeping a student with a disability in his/her current educational placement is substantially likely to result in injury to the student or others, a case conference must be held immediately to determine appropriate services.  A Special Education Supervisor must be present at this case conference.   

• The Director may request another conference with the parent/guardian or pursue an expedited due process hearing to determine the appropriate placement for the student.

• If a due process hearing is requested, an independent hearing officer (IHO), appointed by the Indiana Department of Education, may order a change of placement to an interim alternative educational setting for a period up to 45 school days.   

  • • It is likely that the Independent Hearing Officer will base his/her decision on where to order the placement of a student the school considers dangerous on:         

      • • Whether the school has demonstrated by substantial evidence that maintaining the current placement is substantially likely to result in injury to the student or to others

        • Whether the student’s current placement is appropriate

        • Whether the school has made reasonable efforts to minimize the risk of harm in the student’s current placement, including the use of supplementary aids and services

        • Whether the current services will allow the student: to progress in the general curriculum and receive services and modifications from the IEP that will enable the goals of the IEP to be achieved and address and prevent the recurrence of the dangerous behavior.

• The school corporation may seek injunctive relief to remove a student with a disability from a school or change that student’s placement if the current placement would substantially likely result in injury to the student or others.

Student Placement during Due Process Hearings or Appeals of Disciplinary Action (Stay Put)

In the event a parent requests a hearing or an appeal to challenge the interim alternative educational setting or the decision of the manifestation determination conference, the student will remain in the interim setting pending the decision of the IHO, or until the time period for the disciplinary action expires, whichever occurs first.  This may be altered if the parent and school agree otherwise.

If a student is placed in an interim alternative educational setting because of drugs, weapons, serious bodily injury, or dangerousness and the 45 instructional days expire, the student must return to the placement he/she was in prior to the interim setting during any proceedings (hearing or appeal), unless the parent and the school agree otherwise.  However; if the school maintains that it is dangerous for the student to return to his/her previous placement, an expedited due process hearing may be requested by the Director of Special Education.  

Protections for Students not determined eligible for Special Education and Related Services

A student who has not previously been determined eligible for special education and related services under state law and who has violated the school corporation’s code of conduct may be protected under special education law.

That protection decision is based on whether the school had knowledge that the student might be a student with a disability before that student violated the school’s rules.  

The school may be deemed to have had knowledge if:

• The student’s parents expressed concern in writing to certified school staff that their child may be in need of special education and related services;

  • • If the parent is unable to write or has a disability that prevents him/her from writing his/her concern, it may be presented orally.

• The student demonstrates behavior that may indicate a need for special education and related services;

• The parent or school personnel had requested an evaluation prior to the incident;

• The teacher of the student or other certified staff had expressed specific concerns about a student’s pattern of behavior to the Director of Special Education or to other administrative staff in accordance with the corporation’s referral procedures.

If a student is recommended for expulsion and the school has knowledge (as identified above):

• A Manifestation Determination Conference (MDC) must be convened within the specified legal timeline (within 10 instructional days following the recommendation for expulsion);

• The MDC conference will be halted with a decision deferred until an expedited evaluation is completed;

• The school then convenes a case conference to determine eligibility for special education and related services within 20 instructional days from the date on which the parent gave written consent for the evaluation.

• If the student is found to be eligible, the initial case conference is temporarily halted; and

• The MDC is reconvened and completed;

• Following the MDC decision, the initial case conference resumes, an initial IEP is completed including a description of special education and related services.

The school shall not be deemed to have knowledge if:

• The student was evaluated and determined not to be eligible or;

• The parent/guardian refused to give consent for the student to be evaluated.

If the school corporation is deemed to have no knowledge before taking disciplinary action, the student may be subject to the same disciplinary measures as a student without a disability who has engaged in comparable behaviors.

If a student is referred for an initial evaluation during a time when that student is suspended, recommended for expulsion, or is in an interim alternative educational setting, the evaluation must be expedited.  An Expedited Evaluation is conducted and case conference is convened within twenty (20) instructional days of receiving the parent’s written consent.   A copy of the educational evaluation report shall be provided to the parent at the case conference.

Until the Expedited Evaluation is completed the student remains in the educational setting determined by the corporation.

Referral to Law Enforcement and Judicial Authorities

State law does not prohibit the school corporation from reporting a crime committed by a student with a disability to the proper authorities.  State law enforcement and judicial authorities are not prevented from exercising their responsibilities in terms of applying federal and state laws to crimes committed by a student with a disability.  However the Family Educational Rights and Privacy Act and state law requires that written consent be obtained from the parent/guardian to release copies of the student’s special education and disciplinary records.  [This includes exchanging information between school administrators or teachers and a probation officer.  School personnel should verify that the parent has signed a release of information (provided by the court) from the probation officer and obtain a copy of it for the school file.]

Definition of "Serious Bodily Injury" from Article 7:

511 IAC 7-32-83 "Serious bodily injury" defined Sec. 83.

"Serious bodily injury” has the meaning given the term "serious bodily injury" under 18 U.S.C. 1365(h)(3). The term means bodily injury that involves: (1) a substantial risk of death; (2) extreme physical pain; (3) protracted and obvious disfigurement; or (4) protracted loss or impairment of the function of a bodily member, organ, or mental faculty.