DISCIPLINE OF STUDENTS WITH DISABILITIES

IN SEVIER COUNTY SCHOOLS

 

 

 For purposes of removing a student with a disability from the school environment under the district’s discipline procedure, a change of placement occurs if:

 

  1. the removal is for more than 10 days

 

  1. the student is subjected to a series of removals that constitute a pattern because they cumulate to more than 10 school days in a year.

 

 To the extent removal would be applied to students without disabilities, school personnel may order the removal of a student with a disability from the current placement for not more than 10 days.

 

 During those 10 days a school district does not have to provide services to a student with disabilities if students without disabilities are not given any services, and if they are removed under similar circumstances.

 

 In the case of a student with a disability who has been removed from school for more than 10 days, the district needs to provide services to the extent necessary to allow the student to progress in the regular curriculum and to achieve goals in their IEP.

 

 School personnel, in consultation with the student’s special education teacher, determine the extent of services to be provided so progress will occur.

 

Interim Alternative Placements

 

School personnel may place a student on an IEP in an interim alternative placement for the same time a student without a disability would be placed, but for not more than 45 days if:

 

  1. the student carries a weapon to school or to a school function or

 

  1. the student possesses or uses or sells illegal drugs while at school or at a school function

 

Within 10 school days after first removing a student for more than 10 school days in a school year the school district will take the follow action:

 

  1. conduct a functional behavioral assessment and implement a behavioral intervention plan if one is not in place already

 

  1. if the district already has a behavioral intervention plan, the IEP team will meet to review the plan and modify it, if necessary, to address the behavior

 

The alternative educational setting ordered by school personnel for weapon and drug violations must be determined by the IEP team. Any interim alternative educational setting in which a child is placed by school personnel must:

 

  1. enable the child to continue to progress in the general curriculum and to receive the related services noted in the IEP to meet the goals and objectives of the IEP.

 

  1. Include services and modifications designed to address the behaviors, which resulted in the alternative educational placement.

 

Manifestation Determination

 

Generally:

If an action is contemplated regarding behavior involving weapons or drugs or that constitute a change in placement for a child with a disability, parents must be notified of that decision immediately.

 

A review must be conducted to determine the relationship between the student’s disability and the behavior that is subject to the disciplinary action.

 

Individuals to carry out the review

A review to determine the manifestation determination must be conducted by the IEP team and other qualified individuals in that meeting.

 

Conduct of the Review

The team may determine that the behavior was not a manifestation of the child’s disability only if the IEP team has done the following:

 

a. considers all relevant information including:

b. evaluation/diagnostic results

c. relevant information supplied by the parent

d. observations of the child

e. a review of the IEP and the placement

 

Then determines that:

 

a. relationship between the discipline, IEP, and placement were appropriate

b. special education services, supplementary aids and services were provided

c. behavior intervention strategies were provided consistent with the IEP

d. child’s disability did not impair the ability of the child to understand the impact of their behavior

e. child’s disability did not impair the ability of the child to control their behavior

 

If the behavior of the child with a disability was not a manifestation of the child’s disability, disciplinary procedures applicable to children without disabilities may be applied to the child with disabilities in the same manner, but the child with disabilities is still entitled to the opportunity for a FAPE.

 

If parents do not agree with the district’s findings, they may request a hearing. The Office of Special Education will arrange for and expedited hearing.

 

During the manifestation determination if a school district identifies deficiencies in the child’s IEP or placement, it must take immediate steps to remedy the problems found in the IEP.