a. Special Education and Section 504 Disciplinary Policy Procedures
Students with disabilities are subject to the same rules and consequences as the non-disabled students. However, students who are involved with special education are protected by additional procedures. Special education students have extra protections to ensure that the schools do not punish them for behavior resulting from their disability. Also, discipline measures may disrupt the student's placement to such a degree that there is essentially a change in placement, which requires parental consent.
1. Special education and Section 504 students may be suspended for up to ten (10) cumulative days during the school year. And on the
day on which the decision to discipline the student is made, the parents shall be notified of that decision and of all procedural safeguards
accorded to them under the state and federal laws. There is no requirement for the LEA to provide the student with a free appropriate
education during these ten days.
2. Before the 11th day of suspension the IEP Team must reconvene to determine if the behavior is a manifestation of the disability -
Manifestation Determination. If the opinion held by the IEP Team is that the behavior is a manifestation, the School Department's
Discipline Policy may not be applied, and the team must revise the IEP to meet the student's needs. Parents are afforded their Due
Process Rights at all steps of this process.
2a. Manifestation Determination. The Manifestation Determination IEP Team, which includes that parent and a psychologist or social
worker, may determine that the student's behavior was not a manifestation of the disability only if:
(1) First, IEP Team and other qualified personnel must consider: (in relationship to behavior/disciplinary action)
evaluation/diagnostic results;
observations of students
IEP and placement;
other relevant information supplied by parent; and then
(2) IEP Team and other qualified personnel must determine (in relationship to behavior/disciplinary action):
IEP and placement were appropriate;
supplementary aids and services were provided;
behavioral intervention strategies were provided consistent with IEP;
the child understood the impact and consequences of the behavior, and the student's disability did not impair their ability to control their behavior.
If the team determines that the student's actions were in fact a manifestation of his or her disability, then the child's IEP must be reviewed to determine whether a change of placement or program is necessary and the student cannot be suspended. (Through the IEP process, a change in placement may be made, but the student's IEP services and F.A.P.E. services (Free Appropriate Public Education) cannot be withheld).
If the infraction is found not to be a manifestation of the child's disability, then the school district is free to pursue normal disciplinary measures. However, in such cases the parents must be apprised of their right in writing to pursue a due process hearing to challenge the IEP team's manifestation determination and any resultant change in placement. Any student with a disability who is excluded from school, whether or not the reason for exclusion is related to the student's disability, must continue to be provided with free appropriate public education.
Behavior Assessment/Behavior Intervention Plan
Regardless of whether the behavior is a manifestation of the student's disability or not, then not later than 10 business days after taking disciplinary action involving suspensions or change of setting, an IEP meeting shall be held to conduct a "Functional Behavioral Assessment" and implement a "Behavioral Intervention Plan," or to review and modify a plan, if necessary. The behavior intervention plan will then be incorporated into the student's IEP.
3. Weapons and Drugs. Students with disabilities who bring a weapon to school or possess, use, sell or solicit the sale of illegal drugs may be disciplined as follows:
Option #1
LEA follows regular discipline for special education students.
Less than/more than 10 days of suspension
Manifestation Determination
Option #2
LEA may place student in an Interim Alternative Education Setting (IAES) for a maximum of 45 days. (student returns to original placement on 46th day unless school and parent agree otherwise)
IEP Team determines the IAES
IAES must enable student to participate in the general curriculum and student receives IEP services and modifications to address the behavior so it does not recur
Within 10 business days, the IEP Team develops and implements a Behavioral Intervention Plan or modifies, if necessary, existing Behavioral Intervention Plan
LEA can seek Hearing or Expediting Hearing to extend 45 days setting or seek another appropriate setting that includes components of IAES.
4. Dangerous Students. Students who are a danger to themselves or others shall be disciplined as follows:
Option #1
LEA can seek Due Process Hearing Officer Order to place the student into Interim Alternative Education Setting (IAES) for not more than 45 days; OR Pending a Due Process Hearing, and LEA may request an Expedited Hearing to seek an order to place a "dangerous" student in an IAES or other appropriate setting for not more than 45 days.
Hearing Officer Must:
Decide if LEA has proven by substantial evidence that maintaining student in current placement is substantially likely to result in injury to student or others;
Consider appropriateness of student's placement;
Consider if LEA made reasonable steps to minimize risk of harm in student's placement with supplementary aids/services;
Determines IAES if allows child to participate in general curriculum and continue to receive IEP services and provides services to ensure behavior does not recur.
Option #2
LEA can seek Court Order to remove student
5. Prior to a decision from a hearing officer or an interim order by the Commissioner of Education, the student remains in school. This invokes the status quo or the "stay put" provision of the Legislative Act.
Date Adopted:
10/12/99