Policy – Category 5000 (Students) BP 5007 – Suspension and Expulsion
( Title 20 of the United States Code § 1415(k)(1)(F); Title 34 of the Code of Federal Regulations § 300.530 ). The child shall be returned to the placement from which he/she was removed, unless the parent and Charter LEA agree to a change of placement as part of the modification of the BIP ( Title 20 of the United States Code § 1415(k)(1)(F); Title 34 of the Code of Federal Regulations § 300.530 ). NOTE: Education Code 48915.5 provides that, if a child is excluded from school bus transportation, alternative transportation must be provided at no cost, provided that transportation is specified in the child’s IEP. Refer to section entitled “Services during Suspension” (Section C); and 4. Determination that Behavior is Not a Manifestation of the Student’s Disability: If the manifestation determination review team determines that the child’s behavior was not a manifestation of his/her disability, the child may be disciplined in accordance with the procedures for children without disabilities ( Title 20 of the United States Code § 1415(k)(1)(D); Title 34 of the Code of Federal Regulations § 300.530 ). The child shall receive services to the extent necessary to participate in the general education curriculum in another setting and to allow him/her to progress toward meeting the goals set out in his/her IEP. As appropriate, the child shall also receive a 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 ). Due Process Appeals If the parent disagrees with any Charter LEA decision regarding placement under Title 34 of the Code of Federal Regulations § 300.530 (suspension and removal for dangerous circumstances) or Title 34 of the Code of Federal Regulations § 300.531 (interim alternative educational setting), or the manifestation determination under Title 34 of the Code of Federal Regulations § 300.530(e) , he/she may appeal the decision by requesting a due process hearing. The Charter LEA may request a hearing if the Charter LEA believes that maintaining the child’s current placement is substantially likely to result in injury to the child or others. In order to request a hearing, the requesting party shall file a complaint pursuant to Title 34 of the Code of Federal Regulations §§ 300.507, 300.508(a) and (b), 300.532 and Title 20 of the United States Code § 1415(k)(3). NOTE: The Analysis of Comments to the federal regulations, 71 Fed. Reg. 156, pg. 46723 , clarifies that the burden of proof in due process hearings is on the party that is
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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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