School Discipline & Your Student

The parents have the right to be notified of the disciplinary action taken on the day that the decision to take disciplinary action is made if it involves a change of placement for more than ten (10) days or if the school district orders a change of placement if the child carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of the school district or the child knowingly possesses or used illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of the school district. The school district must ensure that special education and disciplinary records of the child are transmitted to the person(s) making the final decision about the disciplinary action. When the school district reports any crime committed by child with a disability to the appropriate authorities the district shall transmit copies of special education and disciplinary records to such authorities.

If a disciplinary action is contemplated for a behavior of a child with a disability who has carried or possessed a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of the school district or the child knowingly possesses or used illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of the school district, or if a disciplinary action involving a change of placement for more than 10 days is contemplated for a child with a disability who has engaged in other behavior that violated any rule or code of conduct of the school district that applies to all children, then within 10 school days after the date on which the decision to take that action is made, an IEP meeting shall be conducted to determine the relationship between the child’s disability and the behavior subject to the disciplinary action.

Expulsion
A child with a disability can be expelled for violation of school conduct codes only when certain procedural safeguards are followed. Within ten (10) days of the school’s decision to propose a specific disciplinary action that includes a change in placement of more than ten (10) days, the IEP team must meet to review the behavior intervention plan; determine if the misconduct is a manifestation of the disability; determine an appropriate interim alternative setting for the child’s educational placement; develop a functional behavioral assessment plan if no behavioral intervention plan exists; and consider a need to change the child’s placement by the end of the placement in the alternative educational setting, from the placement the child was in at the time of the misconduct. If the pupil’s IEP team finds that the behavior that was the cause of the disciplinary action was not a manifestation of the child’s disability and the child’s placement was appropriate, then the relevant disciplinary procedures applicable to children without disabilities may be applied to the disabled child in the same manner in which they would be applied to children without disabilities.

The child with a disability may be excluded from school bus transportation. However, if a disabled pupil is excluded from school bus transportation because the pupil was ordered to a change in placement for more than 10 days and/or they are expelled, the pupil is entitled to be provided with an alternative form of transportation at no cost to the pupil or parent or guardian, provided that such transportation has been specified in the pupil’s IEP program.

If the parents disagree with the IEP team’s findings that the expulsion process can proceed because the behavior subject the disciplinary action was not a manifestation of the child’s disability, the parents can file for a due process hearing. Even if the district can and does expel the child, the district must provide a free, appropriate public education during the time of expulsion. Additionally, the pupil is entitled to an expulsion hearing by the school board. If the school board agrees with the decision to expel the child, the child or parent or guardian may file an expulsion appeal with the county board of education.

Manifestation Determination
The IEP team may determine that the misconduct was not a manifestation of the disability only if they first consider all relevant information relating to the behavior subject to disciplinary action. This includes evaluation and diagnostic results, other relevant information supplied by the parent, observation of the child, the child’s IEP and placement. This includes evaluation and diagnostic results, other relevant information supplied by the parent; observations of the child; and the child’s IEP and placement. Based upon this evaluation, the IEP team determines 1) whether the child’s IEP and placement were appropriate and special education services, supplementary aids and services, and behavioral intervention strategies were provided; and 2) the child’s disability did not impair the ability of the child to understand the impact and consequences of his/her misconduct; and 3) the disability did not impair the child’s ability to control the behavior subject to disciplinary action. If the IEP team determines that the child’s misconduct was not a manifestation of his/her disability, the school may proceed with disciplinary procedures applicable to nondisabled students except that special education services will be continued even if the child is placed in another setting. If the parents disagree with the IEP team’s finding on manifestation, they may file a due process hearing.

Placement in Alternative Educational Setting
School personnel may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days and to an appropriate interim alternative educational setting, but for not more than 45 days if:

  • the child carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of the school district; 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 the school district.

Before 10 school days after taking the disciplinary action noted above, if the school district did not conduct a functional behavioral assessment and implement a behavioral support plan for such child before the behavior that resulted in the suspension described above, the school district shall convene an IEP meeting to develop an assessment plan to address that behavior; or if the child already has a behavioral support plan, the IEP team shall review the plan and modify it, as necessary, to address the behavior. At that IEP meeting, the IEP shall also conduct a review of the relationship between the child’s disability and the behavior subject to the disciplinary action.

The alternative educational placement must enable the child to continue to participate in the general curriculum and receive IEP services and modifications designed to address and prevent recurrence of the behavior for which the child is being disciplined.

The alternative educational setting shall be determined by the IEP team.

RESOURCES

OTHER SELPA RELATED RESOURCES


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