5053.10 | Guidelines to Implement Discipline Policy Regarding Students Having Disabilities

  1. Students with disabilities that do not meet IDEA eligibility criteria, having an accommodation plan under Section 504 whose misconduct is not found to be a manifestation of a disability, may be suspended or expelled according to district policy and procedures that apply to students without disabilities.
  2. Students with disabilities whose misconduct is found to be a manifestation of a disability may not be suspended from school for an accumulation of more than ten (10) school days in any school year. Exclusion for more than ten (10) days is considered the equivalent of expulsion and a significant change in placement triggering review procedures. The IEP Team or multi-disciplinary team shall evaluate existing Individual Educational Programs (IEPs) or accommodation plans (if only 504 eligible) and the appropriateness of student placements and make needed modifications as applicable. When significant changes have been made in an IEP or an accommodation plan related to student misconduct, a new ten-day limit on days of suspension may begin. Educational services given in IEPs or accommodation plans may be provided in settings or arrangements other than the school the student would otherwise attend.
  3. Removing students from their assigned classrooms for inappropriate behavior may constitute a suspension, unless it is for short-term crisis management. Suspension of a disabled student from transportation services, if it causes the student to miss attending school, also counts toward cumulative days of suspension. However, alternative services such as in-school suspension, alternative learning centers, or time-out identified in an IEP or 504 accommodation plan, which ensure the continuation of the provision of special education and related services, or other appropriate accommodation services, will not be counted toward the accumulation of ten (10) school days of suspension.
  4. Students with disabilities eligible under IDEA whose misconduct is not found to be a manifestation of a disability may be excluded from school for up to ten (10) days. If such students are excluded for longer periods of time (expulsion), educational services given in IEPs must continue to be provided in settings or arrangements other than the school the student would otherwise attend. The IEP Team will determine the nature and extent of the special educational services that will be provided during such a period by continuing an existing or modified IEP.
  5. If a parent has initiated administrative due process hearing proceedings, has filed a formal complaint with the State Department of Education or the Office for Civil Rights, or has filed suit in court, the District may suspend up to ten (10) days, but their child's placement of program may not be changed (due to the Maintenance of Placement or Stay Put Requirement for eligible students), unless the parents and the District agree otherwise, or as permitted by the Gun Free Schools Act of 1994.
  6. If students with disabilities manifest behaviors that are determined to be a threat or danger to themselves or others the District may seek a court injunction during the days of permitted suspension/expulsion, or additional period of time with parental agreement, to prevent dangerous students from attending school. (3-26-02)