In general, if a child has violated the school’s disciplinary code, the school may suspend or remove the child from his or her current educational placement for a period not to exceed ten (10) consecutive school days in any school year. If a child possesses, uses, sells or solicits illegal drugs on school grounds or at a school-sponsored event or carries a weapon to school or a school function, the school district may place the child in an interim alternative education setting as a result of a disciplinary action; the child may remain in the interim setting for a period not to exceed 45 days. Thereafter, the child will return to the previously agreed upon educational placement unless either a hearing officer orders another placement, or the family and the school agree to another placement.
In compliance with Chapter 71, section 37H of the Massachusetts General Laws, the following procedures have been established regarding the discipline procedures involving students who have special needs:
A meeting will be held with parents/guardians when the special education student accumulates ten days of suspensions or expulsions to discuss the appropriateness of the IEP and possible revision.
When a special education student has accumulated ten days of suspension/expulsion, and the parent/guardian cannot be reached, the student will be instructed to come to school the next day with his/her parents/guardians for a Special Education TEAM meeting. The student will be given a letter for his or her parents/ guardians stating the need for their attendance in school the next day.
If a student comes to school the next day without parents/guardians, the student will be sent home and the Principal or his/her designee will notify the Department of Elementary and Secondary Education.
In all cases which result in suspension/expulsion of more than ten days in a school year, immediate notification of the suspension and request for approval of an alternative educational plan will be made to the Department of Elementary and Secondary by the Administrator of Special Education.
Consideration of whether the behavior is a manifestation of the student’s disability:
The law provides that the TEAM must consider evaluation information, observational information, the student’s IEP and placement, and must determine whether the behavior prompting disciplinary removal was a manifestation of the student’s disability. The TEAM considers if the student’s disability impaired the student’s ability to control his or her behavior.
If the TEAM determines that the behavior was related to the child’s disability, then the child may not be removed from the current educational placement (except in the case of weapon or drug possession or use) until the IEP TEAM develops a new IEP and decides upon a new placement and the family consents to that new plan and placement.
If the TEAM determines the behavior was not related to the child’s disability, then the school may suspend or otherwise discipline the child according to the school’s code of conduct, expect that for any period of removal exceeding ten days, the school district must provide the child with a Free Appropriate Public Education (FAPE). The school district must determine the educational services necessary for FAPE and the number and location for providing those services.