Policy – Category 5000 (Students) BP 5007 – Suspension and Expulsion
4.0
Services During Suspension Any child with a disability suspended for more than 10 school days in the same school year shall continue to receive services during the term of the suspension. School personnel, in consultation with at least one of the child’s teachers, shall determine the extent to which services are needed as provided in Title 34 of the Code of Federal Regulations § 300.101(a) , so as to enable the child to continue to participate in the general education curriculum in another setting and to progress toward meeting the goals as set out in his/her IEP ( Title 20 of the United States Code § 1412(a)(1)(A); Title 34 of the Code of Federal Regulations § 300.530 ). NOTE: Pursuant to Title 20 of the United States Code § 1412(a)(1)(A) and Title 34 of the Code of Federal Regulations § 300.530 , a “free appropriate public education” (FAPE) must be available to all children, including any child with disabilities who has been suspended for more than 10 school days in a year. The Analysis of Comments to the federal regulations, 71 Fed. Reg. 156, pg. 46716 , clarifies that the Charter LEA is not required to provide a child who has been suspended for more than 10 school days in a school year for disciplinary reasons exactly the same services in exactly the same setting as the child was receiving prior to the imposition of discipline. However, the special education and related services the child does receive must enable him/her to continue to participate in the general curriculum and to progress toward meeting the goals set out in his/her IEP. The Analysis of Comments, 71 Fed. Reg. 156, pg. 46717 , clarifies that services need not be provided when a child is removed for 10 school days or less, as long as the Charter LEA does not provide services to nondisabled children removed for the same amount of time.
If a child with a disability is excluded from school bus transportation, the child shall be provided with an alternative form of transportation at no cost to the child or his/her parent, provided that transportation is specified in his/her IEP ( Education Code 48915.5 ). 5.0 Interim Alternative Educational Setting (IAES) Due to Dangerous Behavior The Charter LEA may unilaterally place a child with a disability in an appropriate Interim Alternative Educational Setting (IAES) for up to 45 school days, without regard to whether the behavior is a manifestation of the child’s disability, when the child commits one of the following acts while at school, going to or from school, or at a school-related function ( Title 20 of the United States Code § 1415(k)(1)(G); Title 34 of the Code of Federal Regulations § 300.530 ): 1. Carries or possesses a weapon, as defined in Title 18 of the United States Code § 930 ; 2. Knowingly possesses or uses illegal drugs;
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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