Policy – Category 5000 (Students)
BP 5008 – Suspension and Expulsion
2.0
Suspension and Expulsion/Due Process (Students with Disabilities)
A student identified as an individual with disabilities pursuant to the Individuals with Disabilities Education Act (IDEA) is subject to the same grounds for suspension and expulsion which apply to students without disabilities.
3.0 Procedures for Students Not Yet Eligible for Special Education Services
A student who has not been officially identified as a student with disabilities pursuant to IDEA and who has engaged in behavior that violated the LEA’s code of student conduct may assert any of the protections under IDEA only if the LEA had knowledge that the student is disabled before the behavior that precipitated the disciplinary action occurred. 20 U.S.C. 1415(k)(5); 34 C.F.R. 300.534
The LEA shall be deemed to have knowledge that the student has a disability if: ( 20 U.S.C. 1415(k)(5); 34 C.F.R.300.534 )
1. The parent/guardian has expressed concern in writing to district supervisory or administrative personnel or to a teacher of the student, that the student is in need of special education or related services; and the parent/guardian has requested an evaluation of the student for special education pursuant to 34 C.F.R. 300.300- 300.311 ; or 2. The teacher of the student or other LEA personnel has expressed specific concerns directly to the LEA director of special education or to other supervisory LEA personnel about a pattern of behavior demonstrated by the student. 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
BP 5008 – Suspension and Expulsion
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 01/09)
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