DBS CODE:  5144.2

STUDENTS

Discipline of Students with Disabilities

The District shall comply with the provisions of the Individuals With Disabilities Education Improvement Act (IDEA) of 2004 when disciplining students.  No special education student shall be expelled if the student's particular act of gross disobedience/misconduct is a manifestation of his or her disability.  Any special education student whose gross disobedience/misconduct is not a manifestation of his or her disability may be expelled pursuant to the expulsion procedures, except that such disabled student shall continue to receive educational services as provided in the IDEA during such period of expulsion.  A special education student may be suspended for an aggregate of 10 days of school per school year, regardless of whether the student's gross disobedience/misconduct is a manifestation of his or her disabling condition without the need for the district to provide any educational services. A special education student may be suspended for additional removals of up to ten days for separate acts of misconduct, as long as the removals do not constitute a pattern. During any such subsequent suspensions for ten school days or less the district must provide services to the student with disabilities to the extent determined necessary to enable the student to appropriately advance in the general education curriculum and toward achieving his/her IEP goals. School administrators and the special education teacher will determine the services needed. The IEP team (PPT) will decide the level of services to be provided to a student with disabilities who is expelled for behavior unrelated to his/her disability.

Any special education student may be temporarily excluded to an appropriate alternative educational setting for no more than 45 school days by court order or by order of a duly appointed State of Connecticut hearing officer if the District demonstrates that maintaining the student in his or her current placement is substantially likely to result in injury to the student or others.  In addition, school personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement or a disabled student who violates the code of student conduct.  The District has the authority on a case-by-case basis to place a student in an alternative setting while a manifestation determination is pending.  When an appeal has been requested by the parent or District, the student shall remain in the interim educational setting pending the hearing officer’s decision unless the District and parent agree the student should be moved.

A special education student who has carried a weapon to school or to a school function or who knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function, or has inflicted serious bodily injury to another person, may be removed from his or her current placement.  Such a student shall be placed in an appropriate interim alternative educational setting for no more than 45 school days in accordance with the IDEA.

(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)

Note:

1.  A special education student may not be expelled for behavior or a condition which is a manifestation of the student’s disability.

2.  It is possible to suspend a disabled student beyond the initial ten days cumulatively in a school year for additional removals of up to ten days for separate acts of misconduct as long as the removals do not constitute a pattern.

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 Education 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.

P.L. 108-446 The Individuals with Disabilities Education Improvement Act of 2004

Adopted:  January 26, 2009