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Littleton Public Schools Regulation |
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Policy Code JKD/JKE-2-R Policy Name Suspension/Expulsion of Students With Disabilities Adoption October 20, 1992 Revised June 18, 2009 |
Manifestation Determination
When a disciplinary change in placement is being considered related to a disabled student’s behavior, the Individual Education Plan (IEP) team and other qualified District personnel shall review the relationship between the student’s disability and the behavior. Such a review must take place immediately, if possible, but no later than ten school days from the date of the decision to take disciplinary action.
The team will determine whether the student’s behavior is a manifestation of the disability by making a specific finding whether the conduct in question was caused by, or had a direct and substantial relationship to the child’s disability or if the conduct in question was the direct result of the school’s failure to implement the child’s IEP.
Disciplinary Action for Behavior That Is Not a Manifestation
Once the IEP team determines that the behavior was not a manifestation of the disability, disciplinary procedures shall be applied to the student in the same manner as applied to nondisabled students, subject to state and federal requirements.
Disciplinary Action and/or Alternative Placement for Behavior That Is a Manifestation
A student with disabilities whose behavior is determined to be a manifestation of his or her disability may not be expelled, but will be disciplined in accordance with his or her IEP, any behavioral intervention plan, and this policy, in accordance with state and federal requirements.
To the extent that they also take such action for students without disabilities, school personnel may, for not more than ten school days, remove a student with a disability who violates the code of conduct from his or her current placement to an appropriate interim alternative educational setting (which must be determined by the child’s Individual Education Plan (IEP) team), another setting, or suspension. Following each such suspension, the principal or designee shall forward a copy of the letter of suspension to the assistant superintendent of student support services or designee, who shall monitor the frequency and nature of behavior causing the suspension.
Students with disabilities may be removed to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability in cases where the student carries or possesses a weapon to or at school, on school premises, or to or at a school function; 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; or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function. The definitions of a weapon, illegal drug, controlled substance, and serious bodily injury are as specified in federal law and contained in the Procedural Safeguards Notice Under the Provisions of the Individuals with Disabilities Education Act (IDEA) and Colorado Rules for the Administration of the Exceptional Children’s Education Act (ECEA). The interim alternative educational setting shall be determined by the student’s IEP team. No later than the date on which the decision to take disciplinary action is made, the District shall notify the parents of that decision and of their procedural safeguards.
A hearing officer may order removal to an alternative setting for 45 days where the District demonstrates by substantial evidence that maintaining the student’s current placement is substantially likely to result in injury to the student or others.
Either before or within ten days after any change in placement related to a disciplinary problem, the IEP team must meet to determine an appropriate alternative setting, to develop a behavioral assessment plan or to review and modify an existing intervention plan, and review and modify the IEP where necessary.
Nothing in this regulation shall prohibit the IEP team from establishing consequences for disruptive or unacceptable behavior as part of the student’s IEP. The plan shall be subject to all procedural safeguards established by the IEP process.
Expedited Hearings
An expedited hearing is available when:
1. The parent/guardian disagrees with the IEP team’s determination regarding manifestation or with any decision regarding placement.
2. The parent/guardian disagrees with the proposed new placement following an interim alternative placement.
3. The District believes it is substantially likely to result in injury to the student or others if the student remains in the current placement or for the student to be returned to the previous placement.
During any challenge to placement, the student will stay in the alternative placement (unless the parent and District agree otherwise).
Students Not Identified as Disabled
Students who have not been identified as disabled may be subjected to the same disciplinary measures applied to children without disabilities if the District did not have “knowledge” of the disability.
The District has knowledge of the disability when:
1. The parent/guardian has expressed concern in writing to administrative personnel or to the teacher of the student that the student needs special education and related services.
2. The parent/guardian has requested an evaluation in accordance with applicable regulations; or, the student’s teacher or other District personnel have expressed concern about the student’s behavior or performance to the assistant superintendent of student support services or other District personnel.
The District shall not be deemed to have knowledge of the disability if the parent of the child has not allowed an evaluation of the child, or has refused special education services, or if the child was evaluated and not found to have a disability.
If a request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation will be expedited.
Legal Reference: C.R.S. 22-33-106 (1)(c)
C.R.S. 22-20-101 et seq. (Exceptional Children’s Act)
20 U.S.C. 1401 et seq. (Individuals with Disabilities Education Act)
Cross Reference: JIC, Student Conduct, and subcodes
JK, Student Discipline, and subcodes
JRA/JRC, Student Records/Release of Information on Students
IHBA, Programs for Students with Disabilities