Guidelines for Students Receiving Special Services

When considering a suspension for a student with an Intellectual Disability, the Director of Special Education and Gifted Services must be contacted to facilitate the process and to ensure the appropriate procedures are followed.

Under State and Federal Special Education regulations, a suspension of a student with an intellectual disability constitutes a change in placement. This includes both in-school and out of school suspension, and transportation suspension or expulsion.

A student with an intellectual disability cannot be suspended unless all of the steps below are followed prior to the removal:

1. A copy of the Procedural Safeguard Notice booklet issued to parent/guardian
2.  A completion of a manifestation determination meeting whereas the conduct in question was found not to be a manifestation of the
   student’s disability.
3. A Notice of Recommended Educational Placement (NOREP) issued to parent/ guardian prior to suspension. The NOREP must state the date(s) and reason for the suspension. The parent must agree on the NOREP to the suspension.
   4. The Director of Special Education or department designee reviews all required paperwork and approves of the removal prior to removal occurring.

If the parent/guardian approves of the suspension and signs the NOREP, the team may proceed with the suspension.

If the parent/guardian refuses to sign or checks the disapproval box on the NOREP, the Principal contacts the Special Education Department, which will request approval of the suspension from the Office for Dispute Resolution (ODR). If approval is obtained from a hearing officer at ODR, the suspension may be implemented.

The Individuals with Disabilities Education Act (IDEA) provides guidelines for school officials for discipline and/or change of placement of students with disabilities.

A change of placement is defined as:

a. The removal of a student for 10 consecutive school days.

b. A series of removals that constitute a pattern or accumulation of up to 15 school days in a school year. If the child has committed a violation of school rules that would result in a suspension from school, and if all regular disciplinary procedures have been followed, the student may be suspended for not more than 10 consecutive school days. If circumstances warrant, the IEP Team may meet to determine if a functional behavioral assessment would be appropriate.

According to law, If the suspension will be for more than 10 consecutive school days, or results in the student being suspended for a total of at least
15 school days, or if the suspension exhibits a pattern of such removals, then the following must occur:
1. Within 3 school days of the date on which the decision to impose discipline is made, the IEP Team will meet for a “manifestation determination,” to determine if there is a relationship between the child’s disability and the behavior subject to the disciplinary action.
2. The team will hold a Manifestation Determination meeting within 10 school days.

However, it is the district’s practice that any student receiving special education services who reaches a total of 10 removals (ISS/OSS) during a school year requires a manifestation determination meeting when considering all additional removals

A manifestation determination is required by IDEA when considering the exclusion of a student with a disability from school that constitutes a change of placement. The purpose of the manifestation determination is to determine if 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 LEA’s failure to implement the IEP. The team will determine if a Functional Behavior Assessment is needed to develop a behavior intervention plan if one doesn’t already exist.

If a plan does exist, the Manifestation Determination Review (MDR) Team will review the existing behavior intervention plan for appropriateness and determine if modifications are needed

Consequences/Discipline for a behavior that is a manifestation of a student’s disability is an aversive technique. Therefore, the team must immediately take steps to remedy any and all deficiencies found in the student’s IEP or its implementation.

The law formalizes the long-held position of the U.S. Department of Education, Office of Special Education, Office of Special Education Programs (“OSEP”) that schools remain obligated to provide special education to students who are “suspended or expelled.”
If the violation for which suspension or expulsion is sought consists of the possession of a “weapon,” the knowing possession, sale, or solicitation of a “controlled substance” or the infliction of serious bodily injury upon another person the child may be placed unilaterally in an interim alternative placement for the same period that a non-disabled student would be excluded from school for the same offense or for 45 school days, whichever is less, provided that:
1. All of the requirements described above for suspensions that result in a change of placement are met.
2. The IEP team develops an IEP for the alternative placement that:
• enables the child to participate in the general curriculum, although in another setting; and
• enables the child to continue to receive the services described in the current IEP; and
• after 45 school days, the child is returned to the last placement prior to the interim alternative placement, pending the resolution of any disputes concerning the results of the manifestation determination or the permanent program and placement recommendation of the school.

A special education student can be transferred to an alternative education program for up to 45 days if the student brings a gun, a pocket knife with a blade longer than 2½ inches, or another weapon to school; buys, or sells illegal drugs at school; or does serious bodily harm to another student or staff
member. Any decision to transfer a student must be made by the Individualized Education Program (IEP) Team. However, while the decision is being made, the placement can occur with the approval from the Director of Special Education and Gifted Services.

Students ONLY identified as gifted are not included under IDEA regulations, according to PA Chapter 16 regulations. Discipline for gifted students is the same as discipline for students in regular education, unless the child is dually identified with a disability category under Chapter 14 regulations.

(Based on Board Policy #103.1)

A manifestation determination must be conducted when considering an exclusion from school that constitutes a change of placement for a student with a disability. The 504 team should decide if the behavior that is subject to disciplinary action is related to the student’s disability (i.e., a manifestation of the student’s disability).

1. The conduct in question was caused by the student’s disability or had a direct and substantial relationship to the student’s disability.
2. The conduct in question was the direct result of the LEA’s failure to implement the 504 Service Agreement.

If the determination of the 504 team is “Yes” to either one of the statements listed above, the behavior must be considered a manifestation of the student’s disability. The 504 team must take steps to review and/or revise the 504 plan to address the needs of the child.

If the determination of the 504 team is “No” to both of the statements listed above, the behavioral incident is not a manifestation of the student’s disability. he student may then be disciplined in a manner similar to that of their peers without disabilities.