Students with Disabilities/Section 504 Students
Students covered by Section 504 of the Rehabilitation Act of 1973 may be disciplined for behavior related to their disabilities, unless the discipline would result in a significant change of placement. A qualified student with a disability may not be suspended for more than 10 cumulative school days without a manifestation determination conducted by the student’s 504 team. TJS Board Policy outlines additional requirements to ensure that the rights of students with IEPs are held intact when a removal from school may be necessary. For more details, see https://www.thejourneyschool.org/policies
Students with Disabilities and Students with an Individual Education Program (IEP)
When a student with a disability has been suspended for more than 10 cumulative school days within the school year, the IEP team must meet to hold a manifestation determination meeting. The team will determine if the behavior is related to the student’s disability. The team may need to conduct a Functional Behavior Assessment (FBA) and write a behavior intervention plan to support the student at school.
That meeting must occur as soon as possible, but no more than 10 days after the tenth cumulative day of suspension has elapsed. A dismissal for one school day or less is a day of suspension if the student with a disability does not receive regular or special education instruction during that dismissal period. A student with a disability may be provided alternative educational services to the extent a suspension exceeds five consecutive school days.
Before initiating an expulsion or exclusion, the district, relevant members of the student’s individualized education program team, and the student’s parent shall, consistent with federal law, determine whether the student’s behavior was caused by or had a direct and substantial relationship to the student’s disability and whether the student’s conduct was a direct result of a failure to implement the student’s individualized education program. When a student with a disability who has an individualized education program is excluded or expelled for misbehavior that is not a manifestation of the student’s disability, the district shall continue to provide special education and related services during the exclusion or expulsion. Minn. Stat. § 121A.43.
TJS Discipline Guidelines for Students with Disabilities under State Laws and Federal Regulations
1 Removals include dismissals (less than a school day) and suspensions (a full school day). All removals count towards days of removal. E.g., 11 dismissals are 11 cumulative days of removal.
2 If the removal brings the total cumulative days in a school year to more than 10 days, see “removed for 11 cumulative school days.” Minn. Stat. §§ 121A41, subd.10, 121A.43.
3 If a student with a disability has transportation on the IEP and is removed from the school bus, the days of removal from the bus must be counted toward the 6 or more consecutive days or 11 cumulative days of removal unless the school district provides alternative transportation.
4 In-school suspension is not considered a removal as long as the student is afforded the opportunity to continue to appropriately progress in the general curriculum, continue to receive the services on the IEP and continue to participate with non-disabled students to the extent they would have in their current placement.
5 Alternative educational services may include, but are not limited to, special tutoring, modified curriculum, modified instruction, other modifications or adaptations, instruction through electronic media, special education services as indicated by appropriate assessment, homebound instruction, supervised homework, or enrollment in another district or in an alternative learning center selected to allow the student to progress toward meeting graduation standards although in a different setting. Minn. Stat. § 121A.41, subd. 11
6 School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with a disability who violates a code of student conduct. The “other requirements of this section” do not allow 45 school days, interim alternative setting except under the three special circumstances. 34 C.F.R. § 300.530(g).