Table of Contents
- Pg1 – Intro
- Pg2 – Start – IEP/504/None
- Pg3 – On IEP and The Discipline Is?
- Pg 23 – On IEP behavior manifestation team determination
- Pg33 – On 504 and the discipline is?
- Pg46 – On 504 behavior manifestation team determination
- Pg55 – Not on IEP/504 – evaluation status?
- Pg56 – not yet complete
- Pg57 – Status pending
- Pg58 – None of the Above – Before this incident
- Pg61 – None of the Above – Before this incident
- Pg73 – Conclusion
- Definitions
My Child Is on an IEP
The manifestation team determined that my child's behavior was:
not a manifestation of his or her disability and the behavior did not involve drugs*, weapons*, or serious bodily injury*.
Response:
The school district may suspend or expel your child just as it would any student without a disability. It must, however, continue to provide a free appropriate education (FAPE) during the suspension or expulsion, although it may be in a different educational setting.1 In the case of termination of bus services, the school must provide alternative transportation to and from your child’s educational placement.
Go to the Termination of Bus Services Section >>>
Tip: You should request a Functional Behavioral Assessment (FBA) as well as a Behavior Intervention Plan (BIP), designed to address the behavior violation so that it does not recur. If the student already has and FBA and a BIP, you should ask the Team to review them to determine if they remain appropriate.
TIP: If the discipline is an expulsion, the school must offer your child alternative educational services before beginning expulsion proceedings.2 You may choose to accept the alternative placement instead of going forward with the expulsion proceedings. It is always a good idea to visit the proposed placement before making a decision.
Tip: Section 504 of the Rehabilitation Act requires that a child receive a re-evaluation before a change in educational placement.3 This has been interpreted to apply to a student expelled or suspended for more than 10 school days in a school year when those suspensions are part of a pattern of removals. As a general rule, all children on IEPs also fall under Section 504, so you may make a written request that a re-evaluation be completed before the school proceeds with the discipline.
Tip: When considering alternative educational settings, the IEP team must consider more than one option, such as homebound services, to meet your child’s needs. Remember, even alternative settings for disciplinary reasons must be appropriate and allow your child to continue to progress in the general curriculum as well as in achieving his or her IEP goals.
Options:
- The school district recommended a change of placement* to a more restrictive setting. Go To School Ordered Change of Placement Section >>>
- The school district recommended that my child return to his or her current educational placement following the suspension. Continue this guide >>>
Statutes
- 34 C.F.R. 300.530(c)
- Minn. Stat. 121A.45 subd. 1.
- 34 CFR 104.35(a)
http://www.pacer.org/school-discipline-information/