The Board shall abide by Federal and State laws regarding suspension, expulsion, alternative placement and discipline of students with disabilities (SWD). A student with a disability (SWD) is any Exceptional Student Education (ESE) Student, non-inclusive of Gifted only students, or a student with a 504 plan. Students who are suspected to have a disability are also protected as described below.

A Manifestation Determination Meeting (MDM) must be held within ten (10) school days of any decision to change the placement of a child with a disability because of a violation of the Student Code of Conduct. A change of placement includes any removal of more than ten (10) consecutive days, a series of removals totaling more than ten (10) or a pattern of removals based on substantially similar behaviors. The purpose of an MDM is to determine whether the conduct was caused by, or had a direct and substantial relationship to the child’s disability; or if the student’s conduct was the direct result of the Local Education Agency’s (LEA) failure to implement the student’s Individual Education Plan (IEP) or 504 plan.

A district level hearing will be scheduled to review all expulsion and Disciplinary Alternative Placement (DAP) recommendations for students with 504 plans in accordance with all other sections of the Student Code of Conduct (SCOC). Students with 504 plans will not be alternatively placed for disciplinary reasons without such a hearing. The Individual Education Plan (IEP) team may make a change of placement (COP) recommendation for ESE students if the recommendation meets all applicable district guidelines and policy for said COP.

Interim Alternative Educational Settings (IAES)
School personnel may remove a student to an IAES for not more than forty-five (45) school days without regard to whether the behavior is determined to be a manifestation of the student’s disability, if the student:

  • Carries a weapon to or possesses a weapon at school, on school premises, or to a school function under the jurisdiction of a state education agency or a school district
  • 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 education agency or a school district
  • 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 education agency or a school district
  • This rule only applies to ESE students (non-inclusive of Gifted only students)

 

More serious bodily injury 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. (18 USC 1365 (h)(3))