5144.3

Students

Discipline

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. Students 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.  During any period of disciplinary action, the student will continue to receive a "free appropriate public education" in accordance with federal law and applicable regulations.

Manifestation Determination

When a disciplinary change in placement is being considered for more than ten (10) days in a given school year related to a disabled student's behavior, the IEP team (PPT) and other qualified district personnel will review the relationship between the student's disability and the behavior.  Such a review must take place as soon as possible, but no later than 10 school days from the date of the decision to take disciplinary actions which would remove a student with a disability from his/her current educational placement for more than ten school days.

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 will be applied to the student in the same manner as applied to non-disabled students.

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 for up to 10 school days cumulatively in a school year to the extent suspension would be applied to non-disabled students, without the need to provide any services. Disabled students may be suspended for additional removals for up to 10 days for separate acts of misconduct as long as the removals do not constitute a pattern or change in placement. School administrators and the student’s special education teacher shall determine the level of services to be provided to the disabled student in subsequent suspensions beyond the first 10 days cumulative in a school year.

Disabled students carrying weapons to school or to a school function or possessing, selling, or soliciting drugs may be removed to an alternative setting but not more than 45 days.

A hearing officer may order removal to an alternative setting for 45 days where 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 for more than ten days related to a disciplinary problem, the IEP team (PPT) 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.

Nothing in this policy shall prohibit the IEP team (PPT) 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.

Expedited Hearings

An expedited hearing is available when:

A.  the parent/guardian disagrees with the IEP team (PPT) team's determination regarding manifestation or with any decision regarding placement.

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

C.  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:

A.  the parent has expressed concern in writing that the student needs special education.

B.  the student's behavior or performance has demonstrated such a need.

C.  the parent has requested an evaluation.

D.  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.

(cf. 5114 - Suspension/Expulsion/Due Process)

(cf. 5125 - Student Records)

(cf. 5131 - Conduct)

(cf. 5131.6 - Drugs, Tobacco, Alcohol)

(cf. 5131.7 - Weapons and Dangerous Instruments)

(cf. 5144 - Discipline/Punishment)

Legal Reference:   Connecticut General Statues

10-233a through 10-233f.  Suspension, removal and expulsion of students, as amended by PA 95-304 and PA 96-244.

53a-3 Definitions.

53a-217b Possession of Firearms and Deadly Weapons on School Grounds.

PA 94-221 An Act Concerning School Discipline and Security.

GOALS 2000: Educate America Act, Pub.  L. 103-227.

18 U.S.C. 921 Definitions.

Title I - Amendments to the Individuals with Disabilities Act. (PL 105-17)

Sec. 314 (Local Control Over Violence

Elementary and Secondary Schools Act of 1965, as amended by the Gun Free Schools Act of 1994

Policy adopted: 11/3/08