Policy – Category 5000 (Students)
BP 5008 – Suspension and Expulsion
and to progress toward meeting the goals as set out in his/her IEP ( 20 U.S.C. 1412(a)(1)(A); 34 C.F.R. 300.530 ). The student must also receive, as appropriate, a functional behavioral assessment, and behavior intervention services or modifications designed to address the behavior so that it does not recur. If a student with disabilities is excluded from school bus transportation, the student shall be provided with an alternative form of transportation at no cost to the student or his/her parent/guardian, provided that transportation is specified in his/her IEP. Education Code § 48915.5
6.0 Interim Alternative Educational Placement Due to Dangerous Behavior
The LEA may place a student with a disability in an appropriate interim alternative educational setting (IAES) for up to 45 school days, without regard to whether the behavior is a manifestation of the student ’s disability, when the student commits one of the following acts while at school, or at a school-related function: ( 20 U.S.C. 1415(k)(1)(G); 34 C.F.R. 300.530 )
1. Carries or possesses a weapon, as defined in 18 U.S.C. 930 going to or at school or a school-related function.
2. Knowingly possesses or uses illegal drugs.
3. Sells or solicits the sale of a controlled substance as identified in 21 U.S.C. 812(c), Schedules I-V .
4. Inflicts serious bodily injury upon another person as defined in 18 U.S.C. 1365 .
The student’s interim alternative educational setting shall be determined by his/her IEP team. 20 U.S.C. 1415(k)(1)(G); 34 C.F.R. 300.531
7.0
Manifestation Determination
On the date the decision to take disciplinary action is made, the parents/guardians of the student shall be notified of the decision and provided the procedural safeguards notice pursuant to 34 C.F.R. 300.504. 20 U.S.C. 1415(k)(1)(H); 34 C.F.R. 300.530 A student who has been removed from his/her current placement because of dangerous behavior shall receive services to the extent necessary to allow him/her to participate in the general education curriculum and to progress toward meeting the goals set out in his/her IEP. As appropriate, the student shall also receive a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur. 20 U.S.C. 1415(k)(1)(D); 34 C.F.R. 300.530
BP 5008 – Suspension and Expulsion
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 01/09)
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