Students with disabilities may be disciplined in the same manner as non-disabled peers for up to 10 school days in the same school year if the removal does not constitute a change of placement.
When suspension of a disabled student will constitute a change of placement (including expulsion or removal to a 45-day interim alternative educational setting) the Principal must comply with the following procedures:
Relevant members of the student’s IEP Team, as determined by the parent/guardian and school, shall conduct a Manifestation Determination Team meeting. The parent shall receive written invitation to the Manifestation Determination meeting. At that meeting, the Team must determine if the misconduct was a manifestation of the student’s disability. This must take place within 10 school days of the occurrence of the behavioral incident in question. In making this determination the Team must consider all relevant information in the student’s file, including:
The IEP
Any teacher observations
Any relevant information provided by the parent
The results of the manifestation determination Team meeting should be made available to the administrator conducting the disciplinary hearing. The special education representative must be present at the hearing to present their findings. A copy of the Manifestation Determination finding should be on file in the student’s folder.
If the Team determines the misconduct is not a manifestation of the student’s disability, the disciplinary process may proceed, and the student is subject to the same disciplinary proceeding as a non-disabled peer. However, special education services must be provided during the period of suspension or expulsion to enable the child to continue to participate in the general education curriculum and to progress toward meeting his or her IEP goals.
If the Team decided the misconduct was related to the student’s disability (i.e., if the conduct was caused by or had a substantial relationship to the child’s disability, or if the conduct was a direct result of the LEA’s failure to fully implement the IEP) the student may not be expelled or suspended for more than 10 school days. Note: Special Circumstances below.
Please note that if the parents do not agree to a change in placement or with the Manifestation Determination, they may request a hearing at the Bureau of Special Education Appeals.
In special circumstances, IDEA 2004 allows for a change in placement regardless of whether the behavior is a manifestation of the child’s disability. This placement is to an Interim Alternative Education Setting (IAES) for a period up to but not to exceed 45 school days. However, a Free Appropriate Public Education (FAPE), including provision of all IEP services, must be provided at such a site. A 45-day placement can occur in the following circumstances:
A student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a state or local educational agency.
A student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency.
A student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency. (Serious bodily injury: is bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty, as defined in 18 USC, Section 930).
Also, a Bureau of Special Education Appeals (BSEA) hearing officer may order a change in placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 school days, if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others. (Please note this circumstance may occur upon the filing of an appeal by a parent who disagrees with any decision regarding placement or a manifestation determination, or by an LEA that believes maintaining the current placement is likely to result in injury to the child or to others).
NOTE: Parents must be notified on the day the decision to take disciplinary action is made. As soon as there is a decision to contemplate a change in the student’s placement for more than10 school days, notice of all procedural safeguards regarding discipline must be given to the parent/guardian (Parents’ Notice of Procedural Safeguards).
Under IDEA 2004 a student who has not been determined to be eligible for special education and related services, and who has engaged in behavior that violated any rule or code of conduct, may assert any of the protections under the IDEA provided the school had knowledge the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.
The parent expressed concern, in writing, to supervisory or administrative personnel or the child’s teacher that the child needs services.
The parent has requested an evaluation.
The teacher of the child or other LEA personnel has expressed specific concerns about a pattern of behavior directly to the director of special education or other supervisory personnel.
NOTE: Under the revised Act, an LEA does not have knowledge, if the parent has not allowed an evaluation, has refused services, or the child has been evaluated and determined not to be a child with a disability.
The student may be subjected to the same disciplinary measures as those applied to children without disabilities with the following limitations:
If a request is made for an evaluation during the period in which the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner. Until the evaluation is completed, the student remains in the educational placement determined by school authorities.
The placement of students with disabilities cannot be changed unilaterally or through disciplinary removals. A change in placement occurs when:
the removal is for more than 10 consecutive school days, or the student has been subject to a series of removals that constitute a pattern because the removals aggregately amount to more than 10 school days in a school year, or
the student’s behavior is substantially like the student’s behavior in the incidents that resulted in the series of removals, taken cumulatively is determined to have been a manifestation of the child’s disability, and such other factors such as length of each removal, total amount of time removed and the proximity of removals to one another (300.536 IDEA).
For students who are removed more than 10 school days, but which does not constitute a change in placement, services must be provided to the extent necessary to enable the pupil to appropriately progress in the general curriculum, as well as advance toward achieving the goals in the IEP.
Should a document require translation, or an interpreter be needed for a meeting, a Request form needs to be completed. Documents to be translated must be sent to Marchella Lee (marchella_lee@waylandps.org). The District Office will do its best to provide interpreters for meetings as well as translate documents.
All students receiving special education, regardless of placement, shall have an equal opportunity to participate in and, if appropriate, receive credit for the vocational, supportive, or remedial services that may be available as part of the general education program as well as the non-academic and extracurricular programs of the school.
Programs, services, and activities include, but are not limited to:
art and music;
vocational education, industrial arts, and consumer and homemaking education;
work study and employment opportunities;
counseling services available at all levels in the district;
health services;
transportation;
recess and physical education, including adapted physical education;
athletics and recreational activities;
school-sponsored groups or clubs; and
meals.