Mt. Clemens Community Schools
Bylaws & Policies
 

2461 - SUSPENSION/EXPULSION OF DISABLED STUDENTS

In matters relating to the disciplining of disabled students, the Board of Education shall abide by Federal and State laws regarding suspension and expulsion.

If the behavior calling for suspension is not related to the disabling condition, as determined by the I.E.P.C., the student may be disciplined in accordance with Policy 5610 - Suspension and Expulsion.

If the wrongful behavior is disability-related, the student may not be suspended for more than ten (10) days or expelled. The I.E.P.C. shall recommend either a change in the educational placement of the student or a request for judicial relief, if the student's behavior poses an immediate danger to the safety of others.

When a disabled student's behavior is such to justify exclusion from his/her current educational placement, the principal may suspend the student for a period of not more than ten (10) days. The Superintendent shall ensure that appropriate due-process procedures are followed.

Since no change in a disabled student's educational placement can be made by suspension or expulsion for longer than ten (10) days without written consent of the parent or a court order, the Superintendent shall develop procedures to ensure that an Individual Education Planning Committee (I.E.P.C.) is convened and the review process occurs promptly and efficiently to determine that:

 A.The Individual Education Program (I.E.P.) is current and complete.
 B.The student has been appropriately placed as indicated by the I.E.P.
 C.Whether or not the disruptive behavior is a manifestation of the disabling condition.

If the suspension period is completed before the I.E.P.C. can take appropriate action, the student shall be maintained in his/her current placement until such action has been taken.

For disabled students as determined by Section 504, the principal shall ensure that a recent evaluation (not more than six (6) months old) is available for use by the I.E.P.C. to help them determine causal relationship. If no recent evaluation is available, then one is to be completed prior to the conference.

For students with disabilities determined eligible according to Section 504 of the Rehabilitation Act of 1973:

 A.a Section 504 meeting must be convened;
 B.the Section 504 committee must determine that the student's disability would not cause the student to violate school rules;
 C.if this standard is met through decisions of the Section 504 committee, the disabled student may be suspended for more than ten (10) days or expelled using the same procedure the Board would follow for a nondisabled student;
 D.if this standard is not met through decisions of the Section 504 committee, the student may not be suspended for more than ten (10) days or expelled.

Should a student with disabilities bring a firearm to school, the procedures described above will apply except that the I.E.P.C. or 504 evaluation team may remove the student from his/her assigned school setting to an alternative educational setting for forty-five (45) days and the "stay-put" provision of the law does not apply. If a parent requests a due-process hearing, the student shall remain in the alternative educational setting pending the results of such a hearing.

The Board acknowledges that it may have a continuing responsibility for providing alternative educational service to students with disabilities who have been long-term suspended or expelled.

Emergency removal of a student with disabilities from his/her current placement may take place through parental agreement for 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 Superintendent shall develop administrative guidelines to implement this policy.

20 U.S.C. Section 1401 et seq.
Section 504, 1973 Rehab. Act;
29 U.S.C. 701 et seq.
34 C.F.R. 300.520 et seq.
U.S. Supreme Court, Honig v Doe, 56 USLW 4091

Revised 2/16/93
Revised 3/27/96