Policy – Category 5000 (Students) BP 5007 – Suspension and Expulsion
violate Education Code § 48900(c) or (d), relating to the possession, use, offering or sale of controlled substances, alcohol, or intoxicants of any kind ( Education Code § 48902 ). 11.0 Report to County Superintendent of Schools The DMCS Administrator or designee shall report to the County Superintendent of Schools when any child with a disability has been expelled or suspended for more than 10 school days. The report shall include the child’s name, last known address, and the reason for the action ( Education Code § 48203 ). NOTE: As amended by SB 1327 (Ch. 59, Statutes of 2006), Education Code 48203 requires the Charter CEO to report to the County Superintendent of Schools when any child with a disability has been expelled or suspended for more than 10 school days. Education Code 48203 specifies that it is the duty of the County Superintendent to examine the reports and, if any case exists in which the interest of the child or welfare of the state may need further examination, draw the reports to the attention of the Charter LEA Governing Board and the County Board of Education. 12.0 Appendices A. SELPA Form DM 112 – Special Education Suspension Review B. SELPA Form DM 124 – Educational Services During School Suspension C. Suspension Flow Chart D. SELPA Form DM 68P – Manifestation Determination 13.0 Legal References • California Education Code o § 48203, § 48902, § 48903, § 48911.1, § 48915.5, § 48917 • Title 34 of the Code of Federal Regulations (CFR) o §§ 300.1 – 300.818, § 300.101(a), §§ 300.300 – 300.311, § 300.507, § 300.508(a) and (b), §§ 300.530 – 300.536, § 300. 533, § 300.534 • Title 20 of the United States Code (USC) o §§ 1400 – 1482 • Title 18 of the United States Code (USC) o § 1365
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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