SPECIAL EDUCATION DISCIPLINE

All students are expected to meet the standards of behavior required by the district and the individual schools within the district. There are, however, some specific considerations regarding the discipline of students with disabilities. In general, if a special education student has violated the school’s disciplinary code, the school may suspend or remove a student from his or her current educational placement for a period not to exceed ten consecutive school days in any school year. If A Special Education Student Is Removed For More Than 10 Cumulative Days In A School Year, Some Special Education Services Must Be Provided. If a special education student possesses, uses, sells or solicits illegal drugs on school grounds or at a school-sponsored event or carries a weapon to school or school function, the school district may place a special education student in an interim alternative educational setting for up to 45 calendar days. If a special education student has been placed in an interim alternative education setting as a result of a disciplinary action, the student may remain in the interim setting for a period not to exceed 45 days. Thereafter, the special education student will return to the previously agreed-upon educational placement unless either a hearing officer orders another placement or the parent(s) agrees to another placement.

If a special education student is removed from his or her current educational placement for more than ten consecutive days in any school year, or for more than ten cumulative days when a pattern of removal is occurring, this constitutes a "change of placement." A change of placement invokes certain procedural protections under federal special education law. These protections include the following:

Prior to any removal that constitutes a change in placement an Individualized Education Program (IEP) Team meeting must be convened to develop a plan for conducting a functional behavioral assessment that will be used as the basis for developing specific strategies to address the problematic behavior. If a behavioral intervention plan has been previously developed, the Team shall review its implementation and modify the plan as necessary.

Prior to any removal that constitutes a change in placement, a full statement of procedural rights will be sent to the parent(s). The parent(s) will be informed that the Team will consider whether the behavior that forms the basis for removal is related to the student’s disability. This consideration is called the "manifestation determination" decision. The parent has the right to be part of this Team and the decision-making process.

The Team will consider evaluation and observation information as well as the student’s IEP and placement in order to determine whether the behavior prompting disciplinary removal was a manifestation of the student’s disability. The Team will consider if the student understood the impact and consequences of the behavior and if the student’s disability impaired his or her ability to control the behavior in question.

If the Team determines that the behavior in question was related to the student’s disability then the student will not be removed from his or her current educational placement (except in the case of weapon or drug possession or use) until the Team develops a new IEP and decides upon a new placement with parental consent.

If the Team determines that the behavior was not related to the student’s disability then the student may be suspended or otherwise disciplined according to the district and school's code of conduct. For any period of removal exceeding ten days, however, the special education student must continue to receive a Free and Appropriate Public Education (FAPE). The Team must determine the educational services necessary for FAPE and for the manner and location of these services.

If a parent(s) disagrees with the Team’s decision of manifestation determination or with a placement of a student in an interim alternative educational setting or any other disciplinary action, the parent(s) has the right to request an expedited hearing from the Bureau of Special Education Appeals.

File: JKA

[Adopted: June 2001]

[Revised: June 2003]