File: JGDA
DISCIPLINING STUDENTS
WITH DISABILITIES
Students with disabilities, who violate the student code
of conduct, or engage in conduct for which they may be disciplined, will be
disciplined in accordance with this policy.
Additionally, the regular disciplinary procedures must be followed.
School personnel may consider any unique circumstances on a case-by-case basis
when determining whether to order a change in placement for a child with a
disability as a result of discipline.
I. Long-Term Suspensions, Expulsions or
Short-Term Suspensions Which Constitute a Pattern -- Change in Placement
For the purpose of removing students
with disabilities from their current educational placements, a change in
placement occurs when:
(1) the removal is for more
than 10 consecutive school days at a time; or
(2) there is a series of
removals each of which is for 10 days or less and they cumulate to more than 10
days in a school year and constitute a pattern because of:
(a) the length of each
removal,
(b) the proximity of the removals,
and
(c) the total time the
student is removed.
(d) The child’s behavior is
substantially similar to the child’s behavior in previous incidents.
If the disciplinary action will result in a change of
placement for a student with a disability then that student’s parents must be
sent notice that same day of the recommendation for discipline and be provided
with a copy of the procedural safeguards.
The procedures outlined in Section IV must also be followed.
II. Short-Term Suspension
A short-term suspension is a suspension of 10 consecutive
days or less at a time.
School authorities may remove a student with a disability
from his or her current educational setting for up to 10 school days cumulative
in a school year to the extent that such removal would be applied to students
without disabilities and for additional short-term suspensions provided no
pattern exists.
III. Functional Behavior Assessments and
Behavior Intervention Plans
If the school administration, the parent, and the
relevant Individualized Education Program (IEP) team members determine that a
manifestation exists, the IEP team must:
- conduct
a Functional Behavioral Assessment (FBA) and implement a Behavioral
Intervention Plan (BIP), if no FBA was conducted previously; or,
- if
the student already has a FBA and BIP in place, review and modify the BIP,
as necessary to address the behavior.
If a manifestation is found, the
school division and the parent may agree to a change in placement when
reviewing or modifying the BIP. Without
this agreement, the student must return to the placement from which the student
was removed.
IV. Educational Services While Disciplined
For the first 10 days of removal in a school year, the
School Board is not required to provide educational services to the student
with a disability if services are not provided to students without disabilities
who have been similarly removed.
After the first 10 days of removal in a school year, the
School Board shall provide educational services to the student during the period
of removal. The services must enable the student to:
1) continue to progress in the general
curriculum, although in another setting
2) progress toward meeting the goals set out in
the student’s IEP.
The determination of
educational services is made by the IEP team for discipline which constitutes a
change in placement. For discipline
which is not a change in placement, the determination is made by school
personnel in consultation with the student’s special education teacher.
V. Manifestation Determination
When a disciplinary action is proposed that will result
in a change of placement, a manifestation determination review shall be
conducted within 10 school days after the date on which the decision to take
disciplinary action is made. This review
shall be conducted by the Manifestation Team which consists of a local
educational agency representative, the parent and relevant members of the IEP
team (as determined by the parent and the school division).
The Manifestation Team may determine that the behavior of
the student was not a manifestation of such child's disability only if the
Team:
1) considers all relevant information in the
student’s file, including the student’s IEP, any teacher observations, and any
relevant information supplied by the parents; and
2) determines that:
(a) the conduct in question was not caused by, or
had a direct and substantial relationship to, the student’s disability; and
(b) the conduct in
question was not the direct result of the school division’s failure to implement
the IEP.
If
a manifestation is found, the student cannot be disciplined beyond any
permissible short term removal that may be available. A parent may request an
expedited due process hearing if the parent disagrees with the determination
that the behavior was not a manifestation of the student’s disability or if the
parent disagrees with any decision regarding the placement of the student while
disciplined. The student will remain in the interim alternative education
setting pending the decision of the hearing officer or the expiration of a
forty-five school day removal.
VI. Disciplinary Action for Behavior that is
Determined Not to be a Manifestation
If the behavior is not a manifestation of the student’s
disability, the disciplinary procedures will be applied in the same manner as
applied to non-disabled students. Following a removal which constitutes a
change in placement, the student must continue to receive the educational
services necessary to enable the student to continue to participate in the
general curriculum, although in another setting, and to progress toward meeting
the goals set out in the student’s IEP.
In addition, the special education and disciplinary records of the
student must be made available to the person who makes the final decision
regarding the discipline.
VII. Disciplinary Action and/or Alternative
Placement for Behavior That Is Determined To Be a Manifestation
A student with a disability whose behavior is determined
to be a manifestation of his or her disability may not be disciplined except to
the extent a removal is otherwise. The
student may also be removed to a more restrictive placement by following change
in placement procedures. The IEP team must conduct or review a FBA and/or BIP
as provided in Section III.
VIII. Interim Alternative Educational Settings
for Weapons and Drugs and Infliction of Serious Bodily Injury
Students with disabilities 1) who carry or possess a
weapon to or at school, on school premises, or to or at a school function under
the jurisdiction of a state or local educational agency; 2) who knowingly
possess or use illegal drugs or sell or solicit the sale of a controlled
substance, while at school, on school premises, or at a school function under
the jurisdiction of a state or local educational agency; or 3) who inflict
serious bodily injury upon another person while at school, on school premises,
or at a school function under the jurisdiction of a state or local educational
agency may be disciplined pursuant to Policies JFCD, JFCF or JGDB and may be
placed in an interim alternative educational setting for up to forty-five
school days. This option is available
without regard to whether a manifestation exists. If no manifestation is found, the student may
be disciplined to the extent a student without disabilities would be
disciplined.
Any interim alternative
educational setting shall be selected, by the IEP team, so as to enable the
student to continue to progress in the general curriculum, although in another
setting, and to progress toward meeting the goals set out in the student’s
IEP. The student must also receive, as
appropriate, a FBA, behavioral intervention services and modifications designed
to address the behavior so it does not recur.
IX. Change of Placement by Hearing Officer
In addition to the other options for removal, a hearing
officer may order a change in the placement for a student with a disability to
an appropriate interim alternative educational setting for not more than
forty-five (45) school days if the hearing officer determines that maintaining
the current placement of such student is substantially likely to result in
injury to the student or others.
Additional forty-five (45) school day removals may be authorized by the
hearing officer as necessary.
X.
Placement During Appeals
Students with disabilities are entitled to the due
process rights available to a non-disabled student. In addition, students with disabilities are
entitled to the due process procedures available under the Individuals with
Disabilities Education Act, as amended and any state procedures. During the course of any appeals, the
student’s placement shall be in accordance with the provisions of federal law
unless the parent and the school division agree otherwise.
XI.
Students Not Identified as Disabled
Students for whom the parents assert
there is a disability but who have not yet been identified as disabled may be
subjected to the same measures applied to students without disabilities if the
school division did not have knowledge of the disability before the behavior
that precipitated the disciplinary action occurred. A school division will be found to have
knowledge of the student’s disability if before the behavior that precipitated
the disciplinary action occurred:
(1) the parent expressed concern in writing to
supervisory or administrative personnel of the school division, or to a teacher
of the student, that the student is in need of special education and related
services; or
(2) the parent requested an evaluation of the student
for special education eligibility through formal evaluation procedures; or
(3) the student’s teacher or other school personnel
had expressed specific concerns about a pattern of behavior demonstrated by the
student directly to the director of special education or to other supervisory
personnel of the school division.
A
school division would not be found to have knowledge of a student’s disability
if:
(1) the parents refused to allow an evaluation of
the student or refused special education services; or
(2) the student was evaluated and found not
eligible for special education services.
If
a request for an evaluation is made during the period such student is subject
to disciplinary measures, the evaluation shall be conducted in an expedited
manner. If the student is found eligible
as a child with a disability, taking into consideration information from the
evaluation conducted by the school division and information provided by the
parents, then the student must be provided special education and related
services, although in another setting, in compliance with the procedures for
suspended and expelled students with disabilities. Pending the results of the evaluation, the
student shall remain in the educational placement determined by the school
authorities.
XII. Disciplining Certain Section 504 Students
Who Violate Alcohol and Drug Policies
Students who are identified as
disabled solely under Section 504 of the Rehabilitation Act, and who are
currently engaging in the illegal use of drugs or alcohol, may be disciplined
for violating the division's alcohol and drug policies to the same extent as
non-disabled students. The student is
not entitled to a due process hearing under special education procedures in this
circumstance but does retain the protections afforded to regular education
students.
Adopted: 04/27/06;
04/26/04; 06/26/08
Legal
Refs: 20 U.S.C. § 1415(k).
34 C.F.R.
300.519-300.529.
8 VAC 20-80-68.
Cross
Ref.: JFC Student Code of Conduct
JFCD Weapons in School
JFCF Drugs
in School
JGD/JGE Student Suspensions/Expulsions
JGDB Discipline of Students with
Disabilities for Infliction of Serious Bodily Injury
©
5/08 VSBA