SPAULDING HIGH SCHOOL UNION DISTRICT #41 CODE: IGBA
POLICY MANUAL
1st READING: 3/16/92
2nd READING: 4/6/92
3rd READING/ADOPTED: 4/20/92
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DISCIPLINARY POLICY FOR DISABLED STUDENTS;

1.0 Definitions

1.1 Short term suspension is the temporary exclusion of a pupil from school. It's use is for severe violations of school rules and may not exceed ten consecutive days.

1.2 Long term suspension is exclusion from further attendance at Spaulding high School for more than ten consecutive school days (or as defined by local policy).

1.3 Expulsion is permanent dismissal from further attendance at Spaulding High School.

2.0 The procedures for the discipline of students eligible for special education services under the Individual with Disabilities Education Act (IDEA) or designated as qualified handicapped person under Section 504 of the Rehabilitation Act of 1973 shall be the same as those for all students except when the proposed disciplinary action would result in either an accumulation of more than 10 days of suspension in any one school year or expulsion.

3.0 For students with an Individualized Education Plan (I.E.P.), the following procedures would be followed for the exceptions cited in Section 2.0 above:

3.1 The Basic Staffing Team shall conduct a Supplemental Evaluation as defined in Rule 2353.3.8 (2) of VSBE Rules.

3.2 The Basic Staffing Team shall determine whether or not the student's misconduct is a manifestation of the student's disability. If the Basic Staffing Team determines that the

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misconduct is not a manifestation of the disability, the student may be suspended or expelled. However, during the period of discipline the district shall continue to provide the student with a free and appropriate public education. The I.E.P. team shall develop an interim I.E.P. for the period of suspension or expulsion.

3.3 If the Basic Staffing Team determines that the student's misconduct is a manifestation of the disability, the student shall not be suspended or expelled (except for the reasons listed below in Section 3.4). Instead, the I.E.P. meeting participants shall meet and address a change in program, a change in placement, or enforce a plan of behavior management.

3.4 When a student's misconduct is a manifestation of the disability, the student may be removed from school under any of the following conditions:

3.4.1 the I.E.P. meeting participants convene and document why the cumulative days of suspension do not constitute a significant change of placement; or

3.4.2 the school obtains a court injunction after showing that keeping the student in the current placement is substantially likely to result in injury either to himself or herself or to others.

4.0 For the student eligible as a qualified handicapped person under Section 504, the following procedures would be followed for the exceptions cited in Section 2.0 above:

4.1 A Section 504 evaluation as defined by 34 CFR 104.35 shall be completed.

4.2 The student's 504 Evaluation and Placement Team shall determine whether or not the student's misconduct is a manifestation of the students' handicapping condition. If the 504 Evaluation and Placement Team determines that the student's

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misconduct is not a manifestation of the students' handicapping condition, the Section 504 student may be suspended or expelled.

4.3 If the student's 504 Evaluation and Placement Team determines that the misconduct is a manifestation of the handicapping condition, the student shall not be suspended or expelled except for reasons listed in Section 4.4 below. Instead, a change in placement may be addressed by the student's 504 Team or the 504 Team may respond to the misconduct by designing or enforcing a plan of behavior management.

4.4 When a student's misconduct is a manifestation of his handicapping condition, the student may be suspended or expelled under any of the following conditions:

4.4.1 the misconduct is a violation of the district's Alcohol and Drug Policy (Code: JFCH-JFCI); or

4.4.2 the student's Section 504 team convenes and documents why the cumulative days of suspension do not constitute a significant change of placement.

4.4.3 the school obtains a court injunction after showing that keeping the student in the current placement is substantially likely to result in injury either to himself or herself or to others.

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