Policy – Category 5000 (Students) BP 5007 – Suspension and Expulsion
The Charter LEA would be deemed to not have knowledge that a child is disabled if the parent has not allowed the child to be evaluated for special education services or has refused services. In addition, the Charter LEA would be deemed to not have knowledge if the Charter LEA conducted an evaluation pursuant to Title 34 of the Code of Federal Regulations §§ 300.300-300.311 and determined that the child was not a child with a disability. When the Charter LEA is deemed to not have knowledge of the disability, the child shall be disciplined in accordance with procedures established for children without disabilities who engage in comparable behavior ( Title 20 of the United States Code § 1415(k)(5); Title 34 of the Code of Federal Regulations § 300.534 ). If a request is made for an evaluation of a child during the time period in which the child is subject to disciplinary measures pursuant to Title 34 of the Code of Federal Regulations § 300.530, the evaluation shall be conducted in an expedited manner. Until the evaluation is completed, the child shall remain in the educational placement determined by school authorities ( Title 20 of the United States Code § 1415(k)(5); Title 34 of the Code of Federal Regulations § 300.534 ). Suspension The DMCS Administrator or designee may suspend a child with a disability for up to 10 consecutive or cumulative school days, for up to 20 school days in a school year, as long as the suspension(s) does not constitute a change in placement pursuant to Title 34 of the Code of Federal Regulations §§ 300.530 and 300.536; Education Code § 48903 . NOTE: Pursuant to Title 20 of the United State Code § 1415(k)(1), Title 34 of the Code of Federal Regulations § 300.530 , and a 1988 U.S. Supreme Court decision (Honig v. Doe), Charter LEAs receiving funds under the IDEA may suspend a child for no more than 10 consecutive or cumulative school days, as long as the removal does not constitute a change in placement pursuant to Title 34 of the Code of Federal Regulations § 300.536 . Education Code § 48903 specifies that a child may not be suspended for more than 20 cumulative school days in a school year. The Analysis of Comments to the federal regulations, 71 Fed. Reg. 156, pg. 46715 , explains that whether a bus suspension or “in school suspension” would count as a day of suspension affecting the cumulative total depends on the unique circumstances of each case, such as whether bus transportation is part of the child’s IEP. An “in-school suspension” or “supervised suspension classroom” as authorized by Education Code 48911.1 would not count towards the 20-day cumulative limit described above as long as the child is afforded the opportunity to continue to appropriately participate in the general curriculum, receive the services specified in his/her IEP, and participate with nondisabled children to the extent he/she would have in the current placement. However, the Charter
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BP 5007 – Suspension and Expulsion
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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