KENTWOOD PUBLIC SCHOOLS - SPECIAL EDUCATION DEPARTMENT

DISCIPLINARY PROCEDURES

Students with a disability have additional protections under IDEA (Federal Special Education law) during disciplinary actions. These protections are not intended to stop the district from using appropriate disciplinary measures for inappropriate behaviors but rather to support the student in making appropriate choices to avoid disciplinary actions. In order to assure that these protections are followed, building administrators should inform Special Education Caseload managers of any disciplinary action taken toward a Special Education student.

After 5 days of removal from the educational program, a student in special education should have a Functional Behavior Assessment/Behavior Support Plan (FuBA/BSP) done in relation to the behaviors precipitating the removals. Behavior Support Plans are required for any student whose behavior interferes with his/her learning or disrupts the learning of others. Behaviors that require five days or more of suspension would qualify as being disruptive or interfering with learning.

Behavior Support plans developed and agreed to should be strictly followed. If the plan does not seem to be effective, a new plan must be developed. See the Behavior Supports section for more information on developing appropriate Behavior Support Plans.

Federal Rules and Regulations on Suspension/Expulsion of Special Education students.

1. Student removed for not more than 10 school days in a year

  • district is not required to provide services (unless services are provided to non-disabled students)
  • no FuBA/BSP review or manifestation determination is required unless behavior interferes with learning
  • subsequent removals for not more than 10 school days permitted but see #2 below

2. Student removed for more than 10 school days (cumulative) in a school year and #3 is not applicable

  • for remainder of the removal (and each subsequent removal), district must provide services to enable student to progress in the general curriculum and advance toward achieving the goals in the IEP
  • how these services shall be provided is determined by school administration in consultation w/ the student's special education teacher
  • w/in 10 business days of 11th day of removal, IEPT meeting to do a BSP review or FuBA; post FuBA IEPT meeting to develop appropriate behavioral interventions
  • if student subsequently removed again and it is not a change of placement (see #3 below), IEP team members review BSP and implementation w/o meeting and determine if modifications are necessary; if an IEP team member believes modifications are needed, the team must meet

3. Student removed for more than 10 consecutive school days or pattern of removal--change in placement or CIP (includes long-term suspension or expulsions)

  • if any non-CIP days available, district may do pursuant to #1 or #2 above
  • district must provide services to enable student to progress in the general curriculum and advance toward achieving goals in IEP (determined by IEP team)
  • w/in 10 business days of commencing CIP, do a BSP review/FuBA; post FuBA must convene IEPT to develop appropriate behavioral interventions
  • w/in 10 school days of decision to invoke, IEP team and other qualified personnel must do a manifestation determination
  • provide notice of decision and procedural safeguard notice on date decision to remove is made

4. Student removed for dangerous weapons, drugs or serious bodily injury/45 school-day interim alternate placement (IAP)

a. The term ''dangerous weapon'' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.

b. The term “serious bodily injury” means bodily injury which involves—

a substantial risk of death;

extreme physical pain;

protracted and obvious disfigurement; or

protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

  • school personnel can make the decision to do a 45-day IAP, however, the setting is determined by the IEP team
  • the IAP setting must enable student to progress in the general curriculum and advance toward achieving goals in the IEP. The IAP setting must also include services and modifications designed to prevent the behavior from recurring.
  • w/in 10 business days of commencing CIP, do a BSP review or FuBA; post FuBA must convene IEPT to develop appropriate behavioral interventions
  • w/in 10 school days of decision to invoke, IEP team and other qualified personnel must do a manifestation determination
  • provide notice of decision and procedural safeguard notice on the date decision to remove is made

5. Student removed due to "dangerousness"/45 day IAP

  • must go to hearing officer (or court) to get the 45 day IAP
  • school personnel in consultation with special education teacher determine the IAP setting being sought from hearing officer (or court)
  • the IAP setting must enable student to progress in the general curriculum and advance toward achieving goals in the IEP, and include services and modifications to address the behavior which are designed to prevent the behavior from recurring
  • not required to do a BSP review/FuBA but may assist in convincing HO to order a 45 day IAP
  • w/in 10 school days of decision to invoke, IEP team and other qualified personnel must do a manifestation determination
  • provide notice of decision and procedural safeguard notice on date decision to remove is made

Students suspected of having a disability, but not yet identified, have the same protections as students with a disability until an evaluation is conducted to rule out a disability. If a building is considering long-term suspension or expulsion of a student, it would be advisable to review this student with the building team before final action is taken.

Definitions:

Drugs – Violations involving drugs refers to when a student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA.

Weapons – (dangerous weapon) means a weapon, device, instrument, material, or substance, animate or inanimate that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length.

Serious Bodily Injury – means bodily injury which creates a substantial risk of death or which involves either total disability or the loss or substantial impairment of some bodily function for a substantial period of time. flowcharts to help define this process.

November, 2014