2. If the conduct in question was the direct result of the school’s failure to implement the IEP. If the school, the parent or guardian, and relevant members of the IEP Team determine that either section one (1) or (2) above is applicable to the student, the conduct shall be determined to be a manifestation of the student’s disability. 1. If the IEP Team determines that the student's disruptive behavior is a manifestation of the disability or the result of inappropriate placement, the student may not be disciplined for the conduct. If the student's behavior indicates an inappropriate placement, the IEP Team shall review the placement and recommend alternatives. If the IEP Team determines that the behavior was a manifestation of the disability, it shall either rewrite the IEP to address the student's behavioral and educational needs or, when appropriate, consider the extension of an emergency removal. 2. If the IEP Team determines that the conduct is not a manifestation of the disability or a result of inappropriate placement, then the student may be disciplined under the same standards as are applied to non-disabled students. Provided, however, that if the student is suspended for more than 10 days in a given school year, the District still must provide services to the disabled student to the extent necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the student's IEP. The IEP Team shall determine the instructional and related services to be provided during the time of suspension. The student's IEP shall include goals and objectives designed to assist in returning the student to school and preventing significant regression. 3. If the student's parent or guardian disagrees with the IEP Team's manifestation determination, or regarding decisions for the student's placement, the parents may request a due process hearing pursuant to the policies governing students with disabilities. 34 CFR § 300.121(d) 34 CFR § 300.530
5.0813.05 STUDENTS NOT IDENTIFIED AS ELIGIBLE FOR SPECIAL EDUCATION Issue Date: 1/2/20 FH
If a student who has not been previously identified as eligible for special education services, or the student's parents, assert that the student is entitled to the special discipline procedures applicable to students with disabilities, then those procedures shall apply to the student if any of the following conditions are satisfied, subject to paragraph 5 below: 1. The student's parent or guardian has previously expressed in writing to the District that the student needs special education services. 2. The student's previous behavior or performance demonstrates the need for special education services. 3. The student's parent or guardian has previously requested that the student be evaluated for eligibility for special education services. 4. The student's teacher or other school personnel have previously expressed concern about the student's behavior or performance to the special education director of the school. 5. If, prior to the conduct for which discipline is contemplated, the District, either in response to information from any of the sources listed in paragraphs 1-4 above, either (a) evaluated the student and determined that the student was not a child with a disability or (b) determined that an evaluation was not necessary, and provided notice to the parent or guardian of the
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