File: JK-2 - Discipline of Students with Disabilities

Students with disabilities are neither immune from a school district´s disciplinary process nor entitled to participate in programs when their behavior impairs the education of other students. Student´s with disabilities who engage in disruptive activities and/or actions dangerous to themselves or others will be disciplined in accordance with their IEP, any behavioral intervention plan and this policy.

Nothing in this policy shall prohibit an IEP team from establishing consequences for disruptive or unacceptable behavior as a part of the student´s IEP. The plan shall be subject to all procedural safeguards established by the IEP process.

Suspension for up to 10 school days

Students with disabilities may be suspended for up to 10 days in any given school year for violations of the student code of conduct. These 10 days need not be consecutive. During any such suspension, the student shall not receive services.

Manifestation determination

When a disciplinary change in placement is being considered beyond 10 days in a given school year related to a disabled student´s behavior, the IEP team and other qualified district personnel shall review the relationship between the student´s disability and the behavior. Such a review must take place immediately, if possible, but no later than 10 school days from the date of the decision to take disciplinary action.

The team will determine whether the student´s behavior is a manifestation of the disability and whether the student´s disability impaired his or her ability to control or understand the impact and consequences of the behavior.

Disciplinary action for behavior that is not a manifestation

Once the team determines that the behavior was not a manifestation of the disability, disciplinary procedures shall be applied to the student in the same manner as applied to nondisabled students.

During any period of suspension or change of placement beyond 10 days in any given school year, services shall be provided to the extent necessary to enable the student to continue to appropriately progress in the general curriculum and appropriately advance toward the goals of the IEP.

Disciplinary action and/or alternative placement for behavior that is a manifestation

A student with disabilities whose behavior is determined to be a manifestation of his or her disability may not be expelled but will be disciplined in accordance with his or her IEP, any behavioral intervention plan and this policy.

In addition to any disciplinary action provided for in the IEP or behavioral intervention plan, a disabled student may be suspended or removed to an alternative setting for up to an additional 10 school days in any given school year, beyond any 10 day suspension already given in that year, to the extent suspension would be applied to nondisabled students.

Disabled students carrying weapons to school or possessing, selling, or soliciting drugs may be suspended or removed to an alternative setting for the same amount of time as would be applied to a nondisabled student, but not more than an additional 45 school days in any given school year, beyond any 10 day suspension already given in that year.

A hearing officer may order removal to an alternative setting for 45 days, beyond any 10 day suspension already given in that year, when the district demonstrates by substantial evidence that maintaining the student´s current placement is substantially likely to result in injury to the student or others.

Either before or within 10 days after any change in placement or suspension (beyond any 10 day suspension already given in that year) related to a disciplinary problem, the IEP team must meet to determine an appropriate alternative setting, to develop a behavioral assessment plan or to review and modify an existing intervention plan, and review and modify the IEP where necessary.

Expedited hearings

An expedited hearing is available when;

1. The parent/guardian disagrees with the IEP team´s determination regarding manifestation or with any decision regarding placement.

2. The parent/guardian disagrees with the proposed new placement following an interim alternative placement.

3. The district believes it is dangerous for the student to be returned to the previous placement.

During any challenge to placement, the student will stay in the alternative placement.

Students not identified as disabled

Students who have not been identified as disabled may be subjected to the same disciplinary measures applied to children without disabilities if the district did not have "knowledge" of the disability.

The district has knowledge of the disability when:

1. The parent/guardian has expressed concern in writing that the student needs special education.

2. The student´s behavior or performance has demonstrated such a need.

3. The parent/guardian has requested an evaluation.

4. The student´s teacher or other district personnel have expressed concern about the student´s behavior or performance to the director of special education or other district personnel.

If a request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation will be expedited.

Adopted: August 1998

Revised : August 2000

LEGAL REFS.: C.R.S. 22-33-106 (1)(c)

C.R.S. 22-20-101 et seq. (Exceptional Children´s Education Act)

20 U.S.C. §1401 et seq. (Individuals with Disabilities Education Act)

CROSS REFS.: JIC, Student Conduct, and subcodes

JK, Student Discipline, and subcodes

JRA/JRC, Student Records/Release of Information on Students

IHBA, Special Education/Programs for Handicapped/Dis./Excep. Students