Sequence for Suspension and Expulsion

of Disabled Student

2. Discipline Action

Suspension allowable ten consecutive school days or less with no services 300.520 if student "poses an immediate threat to safety of others " EC 48911 (h)

or longer than ten days, if

• pupil's parent or guardian agrees
  
• court order so provides

Other discipline actions specified in IDEA '97 include

• placement in interim alternative education setting (IAES) on school personnel authority for up to 45 days if student carries weapon; possesses, uses, or sells drugs 300.520(a)(2)
  
• placement in another setting or IAES for ten days or less 300.520(a)(1)
  
• placement in IAES on authority of hearing officer if there is substantial evidence current placement is substantially likely to result in injury to student or others 300.521
  
• although principal may order change of placement to an IAES, the IEP team must determine appropriate alternative setting in which the student can continue to participate in the general curriculum, and receive special education services, including services addressing the behavior so that it does not reoccur 300.522
  
• if parent disagrees on setting parent may file for due process. Student remains in IAES for specified time 300.526
  

Parent contact

Notify parent same day decision is made for disciplinary action. 300.523(a)(1)

3. Functional assessment and behavioral intervention plan.

If school personnel suspend a student for more than ten days, no later than ten business days after disciplinary action is taken,

IEP team meets and designs a functional behavioral assessment and behavior intervention plan, if not already in place. If a behavior intervention plan is in place, IEP team shall review it, and modify it, as necessary, to address behavior. 300.520(b)

Functional assessment and behavioral intervention plan are not required to match the comprehensive standard with California Hughes Bill.

4. Pre-expulsion Assessment EC 48915.5 (e)

purpose

• review of appropriateness of pupil's placement at time of misconduct
  
• determination of relationship, if any, between misconduct and disability
  
• IEP team also reviews health and school discipline records
  

parent contact

parent permission not required for pre-expulsion assessment, but parent is entitled to written notice of LEA's intent to conduct pre-expulsion assessment

assessment site

designated by LEA, parent makes pupil available

5. IEP Meeting EC 48915.5 (a - e)

purpose

IEP team bases decision whether or not to expel on results of pre expulsion assessment

• team determines that misconduct not caused by, or not direct manifestation of, pupil's disability
• team determines placement was appropriate at time of misconduct

Within ten school days of taking disciplinary action, IEP team makes manifestation determination (300.523) , includes consideration of

evaluation and diagnostic results
observations
IEP and placement

and determination of

• appropriateness of IEP and placement
  
• whether supplementary aids and services and behavioral interventions were provided
  
• whether disability impaired understanding of impact and consequences of behavior
  
• whether student could control the behavior

parent contact

• parent may participate in IEP meeting through actual participation, representation, or phone call
• time of IEP meeting mutually convenient to parent and LEA within period, if any, of pre-expulsion suspension
• written notification to parent at least 48 hours prior to IEP meeting
• parent may request postponement of IEP meeting up to three days, suspension may be extended but not beyond ten consecutive days unless agreed to by parent or court order 48915.5(d)
• if parent who has received proper notice of meeting refuses to participate, IEP meeting may be held without parent 48915.5(d)

6. Parent has right to due process hearing 48915.5(g), and/or independent assessment 48915.5(e).

7. 48015.5(h) Commencement of board expulsion hearing only after

• pre-expulsion assessment
• IEP meeting
• due process, if any, is completed

8. 48916.1(a) All expelled students must be provided an education program during period of expulsion.

If "no manifestation" is determined, student can be disciplined as any other regular education student, but must continue FAPE. 300.534

If "manifestation", placement can be changed only through IEP team process 300.523

Note: EC 48915.5 (c) requires each LEA develop procedures and timelines governing expulsion procedures for IEP students.

Prepared by Tom Scovill
Siskiyou County SELPA
January, 1998

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