Policy – Category 5000 (Students) BP 5007 – Suspension and Expulsion
when a change of placement of a child is contemplated due to a violation of the Charter LEA’s code of conduct: A. 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) ; B. 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 ): 1. Caused by or had a direct and substantial relationship to the child’s disability; or 2. 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. If the manifestation review team determines that a condition in either #1 or #2 above was met, the conduct shall then be determined to be a manifestation of the child’s disability ( Title 20 of the United States Code § 1415(k)(1)(E); Title 34 of the Code of Federal Regulations § 300.530 ); 3. Determination that the Behavior is a Manifestation of the Student’s Disability: When the conduct has been determined to be a manifestation of the child’s disability, the IEP team shall conduct a FBA, unless a FBA had been conducted before the occurrence of the behavior that resulted in the change of placement and shall implement a Behavioral Intervention Plan (BIP) for the child. If a BIP has already been developed, the IEP team shall review the BIP and modify it as necessary to address the behavior
BP 5007 – Suspension and Expulsion
Page 7
Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
Made with FlippingBook - professional solution for displaying marketing and sales documents online