The child’s interim alternative educational setting shall be determined by his/her IEP team ( Title 20 of the United States Code § 1415(k)(1)(G); Title 34 of the Code of Federal Regulations § 300.531 ). On the date of the decision to take disciplinary action is made, the parents of the child shall be notified of the decision and provided the procedural safeguards notice pursuant to Title 34 of the Code of Federal Regulations § 300.504 ( Title 20 of the United States Code § 1415(k)(1)(H); Title 34 of the Code of Federal Regulations § 300.530 ). A child who has been removed from his/her current placement because of dangerous behavior shall receive services to the extent necessary to allow him/her to participate in the general education curriculum and to progress toward meeting the goals set out in his/her IEP. As appropriate, the child shall also receive a Functional Behavioral Assessment (FBA) and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur ( Title 20 of the United States Code § 1415(k)(1)(D); Title 34 of the Code of Federal Regulations § 300.530 ). Section E – Manifestation Determination The following procedural safeguards shall apply when a child is suspended for more than 10 consecutive school days, when a series of removals of a child constitutes a pattern, or when a change of placement of a child is contemplated due to a violation of the Charter LEA’s code of conduct: 1. Notice: On the date the decision to take disciplinary action is made, the parents of the child with a disability shall be notified of the decision and provided the procedural safeguards notice pursuant to Title 34 of the Code of Federal Regulations §§ 300.504 and 300.530; Title 20 of the United States Code § 1415(k)(1)(H); 2. Manifestation Determination Review: Immediately if possible, but in no case later than 10 school days after the date the decision to take disciplinary action is made, a manifestation determination review shall be made to determine the relationship between the child’s disability and the behavior subject to the disciplinary action ( Title 20 of the United States Code § 1415(k)(1)(E); Title 34 of the Code of Federal Regulations § 300.530 ). At the manifestation determination review, the Charter LEA, the child’s parent, and relevant members of the IEP team (as determined by the Charter LEA and parent) shall review all relevant information in the child’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parent, to determine whether the conduct in question was either of the following ( Title 20 of the United States Code § 1415(k)(1)(E); Title 34 of the Code of Federal Regulations § 300.530 ): (a) Caused by or had a direct and substantial relationship to the child’s disability; or (b) A direct result of the Charter LEA’s failure to implement the child’s IEP, in which case the Charter LEA shall take immediate steps to remedy those deficiencies.
Chapter 8 – Suspension and Expulsion, Charter SELPA
Page 6
As of 11/18/2016
Made with FlippingBook - professional solution for displaying marketing and sales documents online