Students requiring special education may be suspended. A set of specific procedural requirements must be followed in the event a student requiring special education engages in a behavior that requires a disciplinary intervention. If the District and parents of a child with a disability who has violated a school code of conduct are unable to agree on an appropriate placement, the limitations on the amount of time that child can be removed from his or her current placement will be determined as indicated in IDEA and state statutes (see Sections 10-233a to 10-233k, inclusive, of the Connecticut General Statutes). “Exclusion” in state statutes is defined as any denial of public school privileges to a student for disciplinary purposes. An exclusion from school privileges or from transportation only, for less than 10 consecutive school days, is a suspension; any exclusion from school privileges for greater than 10 consecutive school days is an expulsion. The District will notify the parents using an effective means, of any exclusion from school privileges exceeding 90 minutes; such notification will occur within 24 hours of the time the student was excluded.
At the point in time when a student will be excluded from school for more than 10 (cumulative) school days in a school year, a change in placement may occur; where the student is excluded for more than 10 consecutive school days, a change in placement does occur. If a change in placement does occur, the District engages in several activities designed to address the behavior subject to the disciplinary action, whether it be assessment activities, reviewing the IEP or determining if the misconduct is related to the child’s disability. If a change in placement occurs, the child must:
1. Continue to receive educational services that enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and
2. Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.
Authority of School Personnel to Remove a Student from School
- Removal by School Personnel for up to 10 School Days During a School Year
- Removal by School Personnel for More than 10 Cumulative School Days during a School Year
- School District's Authority: Interim Alternative Educational Setting (IAES)
Authority of Hearing Officers, Judges and Courts
Determination of Interim Alternative Educational Settings
The PPT selects the IAES in which a student is to be placed by the District for drugs/weapons/serious bodily injury violations, or by a hearing officer. The IAES must be selected so as to:
· Enable the student to continue to participate in the general curriculum, although in another setting;
· Allow for the continuation of those services and modifications, including those described in the student’s current IEP, that will enable the student to progress towards meeting the goals in the student’s IEP; and
· Include services and modifications to address the behavior that resulted in the removal to the IAES or that are designed to prevent the behavior from recurring.
These requirements also apply to students for whom there has been a change in placement that exceeds 10 consecutive school days.
Manifestation Determination Review
- The Process
- Determination that the Behavior was a Manifestation of the Disability
- Determination that the Behavior was not a Manifestation of the Disability
Referral to and Action by Law Enforcement and Judicial Authorities
The District may report criminal acts committed by a student with a disability to the appropriate authorities in the same manner as crimes committed by students without disabilities are reported by the District to the proper authorities.