Policy – Category 5000 (Students)
BP 5008 – Suspension and Expulsion
4.0
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. If the removal has been determined to be a change in placement as specified in items #1-2 above, the student’s IEP team shall determine the appro priate educational services. 34 C.F.R. 300.530
DM SELPA Form 122 (Special Education Suspension Review) may be used by the LEA in determining whether or not a series of removals constitutes a change of placement.
5.0
Services During Suspension
Any student suspended for more than 10 school days in the same school year shall continue to receive services during the term of the suspension. School personnel, in consultation with at least one of the student’s teachers, shall determine the extent to which services are needed as provided in 34 C.F.R. 300.101(a), so as to enable the student to continue to participate in the general education curriculum in another setting
BP 5008 – Suspension and Expulsion
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 01/09)
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