|West Clermont Local School District|
5605A - DISCIPLINING A 504 STUDENT
In addition to following the requirements and procedures set forth for all students in Policy 5610, if a student who has been determined to be disabled under Section 504 violates the Code of Conduct and is subject to suspension of more than ten (10) days or expulsion, a meeting of the student's 504 Team will be convened to determine whether or not there is a causal relationship between the behavior and the disability. A causal relationship exists when the conduct in question is caused by or has a direct substantial relationship to the child's disability.
Prior to such a meeting, the principal shall verify that a recent evaluation is available for use by the Team to help them determine whether or not a causal relationship exists. If no recent evaluation is available, then one is to be completed prior to the conference.
If the 504 Team determines that there is no causal relationship between the behavior and the disability, the disabled student may be suspended or expelled using the procedure described in AG 5610 – Suspension/Expulsion of Nondisabled Students.
If the 504 Team established a causal relationship between the behavior and the disability, then the student may not be suspended for more than ten (10) days in a school year or expelled, unless the Team determines that a series of short term exclusions totaling more than ten (10) days in a year has not affected a significant change in the student's placement.
Emergency removal of a 504 student 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.
© Neola 2007