Policy – Category 5000 (Students)
BP 5008 – Suspension and Expulsion
The student shall be returned to the placement from which he/she was removed, unless the parent/guardian and LEA agree to a change of placement as part of the modification of the behavioral intervention plan. 20 U.S.C. 1415(k)(1)(F); 34 C.F.R. 300.530 4. Determination that Behavior is Not a Manifestation of the Student’s Disability: If the manifestation determination review team determines that the student’s behavior was not a manifestation of his/her disability, the student may be disciplined in accordance with procedures for students without disabilities. 20 U.S.C. 1415(k)(1)(D); 34 C.F.R. 300.530 The student shall receive services to the extent necessary to participate in the general education curriculum in another setting and to allow him/her 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
8.0
Due Process Appeals
If the parent/guardian disagrees with any LEA decision regarding placement under 34 C.F.R. 300.530 (suspension for greater than 10 school days in the same school year and removal for dangerous circumstances) or 34 C.F.R. 300.531 (interim alternative educational setting), or the manifestation determination under 34 C.F.R. 300.530(e) , he/she may appeal the decision by requesting a hearing. The LEA may request a hearing if the LEA believes that maintaining the student’s current placement is substantially likely to result in injury to the student or others. In order to request a hearing, the requesting party shall file a complaint pursuant to 34 C.F.R. 300.507 and 300.508(a) and (b). 20 U.S.C. 1415(k)(3); 34 C.F.R. 300.532 Whenever a hearing is requested as specified above, the parent/guardian or the LEA shall have an opportunity for an expedited due process hearing consistent with requirements specified in 34 C.F.R. 300.507, 300.508(a)-(c), and 300.510-300.514 . If the student’s parent/guardian or the LEA has initiated a due process hearing u nder 34 C.F.R. 300.532 as detailed above, the student shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period specified in 34 C.F.R. 300.530(c) or (g), whichever occurs first, unless the parent/guardian and LEA agree otherwise. 20 U.S.C. 1415(k)(4); 34 C.F.R. 300.533
9.0
Readmission
Readmission procedures for students with disabilities shall be the same as those used for all students. Upon readmission, an IEP team meeting shall be convened.
BP 5008 – Suspension and Expulsion
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 01/09)
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