The LEA would be deemed to not have knowledge that a student is disabled if the parent/guardian has not allowed the student to be evaluated for special education services, has refused services, or revokes consent after consenting to the initial provision of services for their child. In addition, the LEA would be deemed to not have knowledge if the LEA conducted an evaluation pursuant to 34 C.F.R. 300.300-300.311 and determined that the student was not an individual with a disability. When the LEA is deemed to not have knowledge of the disability, the student shall be disciplined in accordance with procedures established for students without disabilities who engage in comparable behavior. 20 U.S.C. 1415(k)(5); 34 C.F.R. 300.534 If a request is made for an evaluation of a student during the time period in which the student is subject to disciplinary measures, pursuant to 34 C.F.R. 300.530, the evaluation shall be conducted in an expedited manner. Until the evaluation is completed, the student shall remain in the educational placement determined by school administrators. 20 U.S.C. 1415(k)(5); 34 C.F.R. 300.534
Section C – Suspension
The superintendent or designee may suspend a student with a disability for up to 10 consecutive school days for a single incident or misconduct, and for up to 20 school days in a school year, as long as the suspension(s) does not constitute a change in placement pursuant to 34 C.F.R. 300.536. E.C. 48903; 34 C.F.R. 300.530 The principal or designee shall monitor the number of days, including portions of days, in which a student with a valid individualized education program (IEP) has been suspended during the school year. The LEA shall determine, on a case-by-case basis, whether a pattern of removals of a student from his/her current educational placement for disciplinary reasons constitutes a change in placement. A change in placement shall be deemed to have occurred under any of the following circumstances: (34 C.F.R. 300.536)
1. The removal is for more than 10 consecutive school days.
2. The student has been subjected to a series of removals that constitute a pattern because of all of the following:
a. The series of removals total more than 10 school days in a school year.
b. The student’s behavior is substantially similar to his/her behavior in previous incidents that resulted in the series of removals; and
c. Additional factors, such as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another, indicate a change of placement.
Chapter 11 – Suspension and Expulsion Procedures, Desert/Mountain SELPA
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As of 01/09/2009
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