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.

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 Manifestation Determination Meeting (MDM) must be held within ten (10) school days of any significant change to the educational placement of a child with a disability because of out-of-school suspension due to a violation of the Student Code of Conduct. A significant 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 within a school year.

A Manifestation Determination Meeting (MDM) will be held prior to any Disciplinary Alternative Placement (DAP) for all Exceptional Student Education (ESE) students, non-inclusive of Gifted only students. If an ESE student’s behavior is found not to be a manifestation of their disability, a hearing will commence to consider the school’s request for such a placement.

Any student with a 504 must have the proper MDM plan proceeding prior to being recommended for Disciplinary Alternative Placement (DAP) or expulsion. If the behavior is found not to be a manifestation of the student’s disability, the school may request a district level hearing to review said expulsion and Disciplinary Alternative Placement (DAP) recommendations 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.

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))