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5605B - DISCIPLINING A STUDENT WITH DISABILITIES
If a student with disabilities violates the Code of Conduct and is subject to suspension of more than ten (10) days or expulsion, a meeting of the student's Multi-disciplinary Educational Team (Team) will be convened to determine whether or not there is a causal relationship between the behavior and the disability.
If there is a reasonable cause to believe that the student may be a student with a disability, and the individual has not been evaluated in accordance with the rules of the Superintendent of Public Instruction, then the student shall be immediately referred to the Intermediate School District for evaluation.
Prior to such a meeting, the principal shall ensure that a recent evaluation (not more than one (1) year old) is available for use by the Team to help them determine causal relationship. If no recent evaluation is available, then one is to be completed prior to the conference.
If the Team determines that there is no causal relationship between the behavior and the disability, the student may be suspended or expelled using the procedure described in AG 5610 - Suspension/Expulsion of Nondisabled Students.
If the Team establishes a causal relationship between the behavior and the disability, then the student may not be suspended for more than ten (10) days at a time or expelled. Cumulative suspensions of over ten (10) days in a school year must be assessed to determine if they constitute a significant change in placement.
Emergency removal of a student with disabilities from his/her current placement may take place through parental agreement to an interim placement or through injunctive relief from a court, when the current placement presents a substantial likelihood of resulting in injury to the student or others.
The student with disabilities shall be afforded the same procedural rights to due process as outlined in AG 5610, before any discipline is issued.
© Neola 2008