DMSELPA Policies and Procedures

Policy – Category 5000 (Students)

BP 5008 – Suspension and Expulsion

The following procedural safeguards shall apply when a student is suspended for more than 10 consecutive school days, when a series of removals of a student constitutes a pattern, or when a change of placement of a student is contemplated due to a violation of the LEA’s code of conduct: 1. Notice: On the date the decision to take disciplinary action is made, the parent/guardian 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 2. Manifestation Determination Review: Immediately, if possible, but in no case later than 10 school days after the date the decision to take disciplinary action is made, a manifestation determination review shall be made of the relationship between the student’s disability and the behavior subject to the disciplinary action. 20 U.S.C. 1415(k)(1)(E); 34 C.F.R. 300.530 At the manifestation determination review, the LEA, the student’s parent/guardian, and relevant members of the IEP team (as defined by the LEA and parent/guardian) shall review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents/guardians, to determine whether the conduct in question was either of the following: ( 20 U.S.C. 1415(k)(1)(E); 34 C.F.R. 300.530 )

a. Caused by or had a direct and substantial relationship to the student’s disability.

b. A direct result of the district’s failure to implement the student’s IEP, in which case the district shall take immediate steps to remedy those deficiencies. (DM SELPA Form 68P) If the manifestation review team determines that a condition in either #a, or #b above was met, the conduct shall then be determined to be a manifestation of the student’s disability. 20 U.S.C. 1415(k)(1)(E); 34 C.F.R. 300.530 3. Determination that behavior is a manifestation of the student’s disability: When the conduct has been determined to be a manifestation of the student’s disability, the IEP team shall conduct a functional behavioral assessment, unless a functional behavioral assessment had been conducted before the occurrence of the behavior that resulted in the change of placement and shall implement a behavioral intervention plan for the student. If a behavior intervention plan has already been developed, the IEP team shall review the behavioral intervention plan and modify it as necessary to address the behavior. 20 USC 1415(k)(1)(F); 34 CFR 300.530

BP 5008 – Suspension and Expulsion

Page 5

Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 01/09)

Made with FlippingBook interactive PDF creator