Policy – Category 5000 (Students) BP 5006 – Behavioral Interventions and Supports for Students with Disabilities
1. The IEP team considered all of the items listed above; AND 2. The IEP team determined that the answer to question (a) and (b) above are “NO.” ACTION: 1. The school may not suspend the child past 10 days or expel the child; and 2. Placement cannot be changed except through the usual IEP process. Important Additional Considerations 1. Children who violate conduct codes may claim IDEA protections if, prior to the incident: • The parent expressed concerns in writing to the LEA; • The child’s behavior or performance indicated a need for services; • Teacher(s) requested an evaluation or assistance regarding the behavior pattern; or • Teacher(s) or other personnel expressed concern about behavior to other professionals. 2. If an evaluation is requested during the time when the child is undergoing disciplinary action, the child remains in the current placement until the results of an expedited evaluation are available. NOTE: A functional behavioral assessment (FBA) is required any time: • Suspensions are over 10 cumulative days; or • Removals resulting in 45-day placement by an IEP team (weapons or illegal drugs) or by an impartial hearing officer (dangerous students). Manifestation Determination Best Practices 1. Do not wait until the 10th day of suspension to conduct a manifestation determination. Ensure that there are behavior goals written in the IEP for the child;
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BP 5006 – Behavioral Interventions and Supports for Students with Disabilities Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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