assures that policies, procedures, and forms related to the development and implementation of Individualized Education Programs (IEPs) will be revised. NOTE: The following administrative regulations reflects the 2004 reauthorization of the federal Individuals with Disabilities Education Act (IDEA) (Title 20 of the United States Code §§ 1400- 1482), implementing federal regulations, effective October 13, 2006 (Title 34 of the Code of Federal Regulations §§ 300.1-300.818, added by 71 Fed. Reg. 156), and conforming state legislation (AB 1662, Ch. 653, Statutes of 2005). Because federal regulatory provisions related to discipline were amended and renumbered pursuant to 71 Fed. Reg. 156, it is likely that further state legislation will be needed to conform state law to the new federal regulations. Note that in cases where state law provides greater protections to children, state law supersedes federal law. Neither state nor federal law requires that these procedures apply to children identified under the federal Rehabilitation Act of 1973, Section 504 (Title 29 of the United States Code § 794). However, in some instances, the Charter Local Education Agency (LEA) may find it appropriate to apply portions of these procedures (e.g., the limitation that a child with a disability may not be suspended for more than 10 consecutive school days) to Section 504 students with an accommodation plan. Charter LEAs that wish to apply IDEA procedures to Section 504 students should modify the following regulation accordingly. A child identified as a child with a disability pursuant to the IDEA is subject to the same grounds for suspension and expulsion which apply to children without disabilities. The guidelines in this section are not binding for Charter LEAs or other entities except for the statutes, regulations, and court decisions that are referred herein. The information provided is taken from the California School Boards Association (CSBA) Board and Administrative Policy. School administrators are presented with complex disciplinary issues and some of these situations involve children with disabilities who are entitled to certain protections under the IDEA. Section A – Procedures for Students Not Yet Eligible for Special Education A child who has not been officially identified as a child with a disability pursuant to IDEA and who has engaged in behavior that violated the Charter LEA’s code of student conduct may assert any of the protections under IDEA only if the Charter LEA had knowledge that the child was disabled before the behavior that precipitated the disciplinary action ( Title 20 of the United States Code § 1415(k)(5); Title 34 of the Code of Federal Regulations § 300.534 ). The Charter LEA shall be deemed to have knowledge that the child has a disability if one of the following conditions exists ( Title 20 of the United States Code § 1415(k)(5); Title 34 of the Code of Federal Regulations § 300.534 ): 1. The parent has expressed concern to the Charter LEA supervisory or administrative personnel in writing, or to a teacher of the child, that the child is in need of special education or related services; 2. The parent has requested an evaluation of the child for special education pursuant to Title 34 of the Code of Federal Regulations §§ 300.300-300.311; or
Chapter 8 – Suspension and Expulsion, Charter SELPA
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As of 11/18/2016
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