Procedures When Disciplining Students With Disabilities ( Dixie R. Galvez) 16085E Lancashire Dr. 33470 U.S.A Palm Beach (2020) ( Dixiergalvez@gmail.com)

 

Procedures When Disciplining Students With Disabilities:

Authority Of School Personnel

34 CFR Section 300.530; Rule 6A-6.03312, F.A.C.

Case by Case Determination


School personnel may consider any unique circumstances on a case by case basis, when determining whether a change of placement, made in accordance with the following requirements related to discipline, is appropriate for a child with a disability who violates a school code of student conduct.

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General:

To the extent that they also take such action for children without disabilities, school personnel may, for not more than 10 school days in a row, remove a student with disability who violates a code of student conduct from his her current placement to an appropriate interim alternative educational setting.

(which must be determined by the students IEP team), Another setting, or suspension. School personnel may also impose additional removals of the student of not more than 10 school days in a row in that same school year for separate incidents of misconduct; as long as those removals do not constitute a change of placement ( See Change of placement Because of Disciplinary Removals for definition Below).

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Additional Authority:

If the behavior that violated the student code of conduct was not a manifestation of the students disability

(See Manifestation Determination, Below) and the disciplinary change of placement would exceed 10 school days in a row, school personnel may apply the disciplinary procedures to that student with a disability in the same manner and for the same duration as it would to students without disabilities, except that the school must provide services to that student as described below under Services.


Students IEP team determine the interim alternative educational setting for such services.

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Services:

The services that must be provide to a student with a disability who has been removed from the students current placement may be provided in an interim alternative educational setting.


A school district is only required to provide services to a student with a disability who has been removed from his or her current placements for 10 school days or less in that school year if it provides services to a student without disabilities who has been similarly removed.


A student with a disability who is removed from the students current placement for more than 10 school days must;

1.) Continue to receive educational services, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the students IEP; and


2.) Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed  to address the behavior violation so that it does not happen again.


After a student with a disability has bee removed from his or her current placement for 10 school days in that the same school year, and if the current removals is for 10 school days in a row or less and if the removal is not a change of placement (See The definition Below), Then.

School personnel, In consultation with the students special education teacher, Determine the extent to which services are need to enable the student to continue to participate in the general education curriculum, although in in another setting, and to progress toward meeting the goals set out in the students IEP.


If the removal is a change of placement (see definition Below) The student IEP team determines the appropriate services to enable the student to continue to participate in the general education curriculum, although in another setting and to progress toward meeting the goals set out in the students IEP.

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Manifestation Determination:

Within 10 school days of any decision to change the placement of a student with a disability becuase of a violation of a code of student conduct ( Except for a removal that is for 10 school days in a row or less and not a change of placement), The school district, The parent, and relevant members of the IEP team ( as determined by the parent and the school district) must review all relevant information in the students file including the student IEP, any teacher observation, and any relevant information provided by the parents to determine:

1.) If the conduct in question was caused by, or had a direct and substancial relationship to, the students disability; or


2.) If the conduct in question was the direct result of the school district failure to implement the students IEP.


If the school district, The parent, and relevant members of the students IEP team determine that either of those conditions was met, the conduct must be determined to be a manifestation of the students disability.


If the school district, the parent, and relevant members of the students  IEP team determine that the conduct in question was the direct results of the school districts failure to implement the IEP, The school district must take immediate action to remedy those deficiencies.

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Determination That behavior was a manifestation of the Students Disability:

If the school district, the parents, and relevant members of the IEP team determine that the conduct was a manifestation of the students disability, The IEP team must either:

1.) Conduct a functional behavioral assessment, Unless the school district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the student; or


2.) If a behavioral intervention plan already has bee developed, review the behavioral intervention plan and modify it, as necessary, to address the behavior,


Except as described under the subheading Special Circumstances, The school district must return the student to the placement from which the student was removed, unless the parent and the district agree to a change of placement as part of the modification of the behavioral intervention plan.

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Special Circumstance:

Whether or not the behavior was a manifestation of the students disability, School Personnel may remove a student to an interim alternative educational setting ( Determined by the students IEP Team) For up to 45 school days, If the student:


1.) Carries a weapon (See the definition below) to school or has a weapon at school, on school premises, or at a school function under the jurisdiction of the Department of Education or a school District;


2.) Knowing has or uses illegal drugs ( See the definition below),

or sells or solicits the sale of a controlled substance ( See the definition below),

While at school, on school premises, or at a school function under the jurisdiction of the Department of Education or a school district; or


3.) Has inflicted serious bodily injury ( See the definition below) Upon another person while at school, on school premises, or at a school function under the jurisdiction of the Department of Education or a school district.

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Definitions:

Controlled Substance means = a drug or other substance identified under schedules I,II,III,IV, or V in section 202 (C) of the controlled substances Act,  21 U.S.C.812 (C) and Section 893.02 (4), Florida Statues.


ILLegal  Drug Means = A controlled substance but does not include a substance that is legally possesses or used under the supervision of a licensed health care Professional or that is legally possessed or used under any other authority under the controlled substance  Act 21 U.S.C 812 (c) or under any other provision of federal law.


 Interim Alternative Educational Setting (IAES) means 

A different location where educational services are provided for a specific time period due to disciplinary reasons and that meets the requirements of state Board Of Education Rule 6A-6.03312.


Serious Bodily Injury Means

Bodily injury that involves a substantial risk of death; Extreme physical pain; Protracted and obvious disfigurement; or protracted loss or impairment of the function of bodily member, Organ, or mental Faculty.


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 that is less than two and one half inches in length.


Notification:

On the date it makes the decision to make a removal that is a change of placement of the student because of a violation of a code of student conduct, The school district must notify  the parents of that decision and provide the parents with a procedural Safeguards Notice.

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