Discipline Procedures for Students with Disabilities
Discipline Procedures for Students with Disabilities
When a disabled student violates the discipline code of the school which he/she attends, a meeting of the building administrator and the special education teacher shall be held to determine:
1. Whether the student is capable of following the school discipline code.
a. Was the behavior the result of an inability to understand the rules?
b. Was the behavior the result of an inability to control inappropriate behavior?
2. If the student is capable of following the school discipline code despite his/her disability, then the appropriate school regulations will be followed.
3. If the student is not capable of following the school discipline code because he/she cannot understand the regulations, appropriate actions to ensure understanding will be attempted.
4. If the student is found to be incapable of following the school discipline code, after reasonable efforts have been made to obtain cooperation, because he/she cannot control his/her inappropriate behavior, then the teacher or administrator will refer the student to the Committee on Special Education.
5. The Committee on Special Education can modify the student’s IEP, if appropriate, to include alternatives and options for dealing with inappropriate behavior, such as being sent to a “time-out” area, in-school suspensions, being sent home, loss of privileges, etc.
6. If a disabled student’s behavior is determined to be dangerous to himself or others, then the building administrator must take immediate and appropriate action, followed by immediate notification of the home school and referral to the Committee on Special Education. If such actions include suspension of the student, all legal procedures must be followed, including written notification within 24 hours of the reasons for suspending the student, opportunity for the student to respond, opportunity for an immediate conference with the principal, superintendent’s hearing if suspension is for more than five days and provision of alternative education to students of compulsory age who are suspended.
7. A manifestation determination must be conducted by the Committee on Special Education if a suspension of greater than ten (10) school days, consecutive or cumulative, is involved. This must be done within ten (10) days of a decision to impose discipline. The CSE must also conduct a functional behavior assessment and implement a behavior intervention plan. The manifestation determination must be conducted with the participation of the parents and must consider evaluation and diagnostic results, observations, and the student’s IEP and placement. The manifestation meeting must consider the following:
a. Whether or not the IEP/placement was appropriate.
b. Whether supplement aids and services in the student’s IEP were provided.
c. What behavioral interventions were provided.
d. If the student understood his/her behavior and could control the behavior.
8. If the CSE determines that the behavior is not a manifestation of the student’s disability, the student can be disciplined as nondisabled, but must continue FAPE.
9. If the CSE determines that the behavior is a manifestation of the student’s disability the student’s placement cannot be changed except by the CSE through change of the student’s IEP.
10. In the case of a dangerous weapon or drugs, the principal can place the student in an interim alternative educational setting for a maximum of 45 calendar days. The Committee on Special Education determines the setting and the student returns to the regular placement on the 46th day.