In matters relating to the disciplining of disabled students, the Board of Education shall abide by Federal and State laws regarding suspension and expulsion as well as Policy 5610.

When a disabled student's behavior is such to justify exclusion from his/her current educational placement, the principal may suspend the student for a period of not more than ten (10) days. The Superintendent shall ensure that appropriate due-process procedures are followed including those procedural safeguards available under Policy 5610.

Since no change in a disabled student's educational placement can be made by suspension or expulsion for longer than cumulative ten (10) days without written consent of the parent or a court order, the Superintendent shall develop administrative guidelines to ensure that a Placement Team is convened and the review process occurs promptly and efficiently to determine that:

For disabled students as determined by Section 504, the Handicapped Coordinator shall ensure that, a recent evaluation (not more than six (6) months old) is available for use by the Placement Team to help them determine causal relationship. If no recent evaluation is available, then one is to be completed prior to the conference.

If a suspension period is completed before the Placement Team can take appropriate action regarding a possible further suspension or expulsion, the student shall be maintained in his/her current placement until such action has been taken.

If the behavior calling for suspension is not related to the disabling condition, as determined by the Placement Team, the student may be disciplined in accordance with Policy 5610 - Suspension and Expulsion. The I.E.P. Team shall consider the nature and extent of educational services to be provided during the student's exclusion from school.

Except as otherwise stated in this policy, if the wrongful behavior is disability-related, the student may not be suspended for more than cumulative ten (10) days or expelled. The Placement Team shall recommend either a change in the educational placement of the student, subject to parental approval, or a request for judicial relief, if the student's behavior poses an immediate danger to the safety of others.

For students eligible under Section 504 only, exclusion from school in excess of ten (10) days is considered a significant change of placement. The 504 Team composed of persons personally familiar with the student and knowledgeable about special education shall meet and determine, through evaluation, whether the student's misconduct is related to his/her disability. The evaluation shall be in accordance with Policy 2260 and accompanying guidelines. If the 504 Team determines that the misconduct is unrelated to the student's disability, the student may be suspended or expelled using the same procedure the Board would follow for a nondisabled student. If the 504 Team determines that the students misconduct is related to the disability, the 504 Team must determine whether the current educational program is appropriate and, if not modify the program according to the student's individual needs as determined by the evaluation data and 504 Team.

Should a student identified as eligible under IDEA bring a firearm to school, the procedures described above will apply except that the I.E.P. team may remove the student from his/her assigned school setting to an alternative educational setting for forty-five (45) days and the "stay-put" provision of the law does not apply. If a parent requests a due-process hearing, the student shall remain in the alternative educational setting pending the results of such a hearing.

The Board acknowledges that it may have a continuing responsibility for providing alternative educational service to students with disabilities who have been long-term suspended or expelled.

The Superintendent shall develop administrative guidelines to implement this policy.

20 U.S.C. Section 1401 et seq.
Section 504, 1973 Rehab. Act;
29 U.S.C. 701 et seq.
U.S. Supreme Court, Honig v Doe, 56 USLW 4091