Section VIII

WHAT ARE THE SUSPENSION AND DISCIPLINARY CONSIDERATIONS FOR STUDENTS WITH DISABILITIES?

Students with disabilities are not immune from the district's disciplinary process once placement procedures are properly followed.

The district’s disciplinary process for students with disabilities is in compliance with IDEA 1997 and Provisions from United States Code, Title 20, Chapter 33, and are as follows:

School personnel may order a change in the placement of a child with a disability. A change in placement may occur at an appropriate alternative educational setting, another setting, or suspension, for not more than ten (10) school days (to the extent such alternatives would be applied to children without disabilities); and to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but not for more than 45 days if the child carries or possesses a weapon to or at school, on school premises, or to a school function under the jurisdiction of a State or a local educational agency; or the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of a State or local educational agency.

1. When long-term suspension or expulsion is warranted, an Individualized Education Program (IEP) Committee must first determine whether the behavior of concern is related to the students’ disability and whether his/her program is appropriate.
2. If the IEP Committee determines either that the behavior is not related to his/her disability or that the student's program is appropriate, and a behavior intervention plan is in place, then disciplinary actions may be taken against the student in accordance with the procedures in this handbook. Should the disciplinary procedures include long-term suspension or expulsion, the district must continue to provide special education services. The decision to remove a student from his/her educational program must be made on an individual basis. Procedural safeguards outlined in the Public Education Department Standards of Excellence Compliance Manual ensure that parental due process rights are afforded.
3. If the IEP Committee determines either that the behavior is related or that the student's program is not appropriate, or that a functional behavioral assessment and resulting behavior intervention plan is not in place, then the student may not be suspended and the IEP team must determine an appropriate program. (Flow Charts regarding students with disabilities have been stricken from this handbook.)
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