V.        DISCIPLINE PROCEDURES (34 CFR § 300.530)

V.A.     DISCIPLINE PROCEDURES FOR STUDENTS WITH DISABILITIES (Rules V.A.)

Consistent with the requirements of Part B of the IDEA and the Rules, WSD shall establish, maintain, and implement the following policies and procedures for disciplining students with disabilities.

V.B.     AUTHORITY OF SCHOOL PERSONNEL (34 CFR § 300.530(a–c); Rules V.B.)

1. 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 student with a disability who violates a code of student conduct.
   
   
2. School personnel may remove a student with a disability who violates a code of student conduct from his/her current placement to an appropriate interim alternative educational setting (IAES), another setting, or suspension, for not more than ten consecutive school days (to the extent those alternatives are applied to students without disabilities), and for additional removals of not more than ten consecutive school days in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
   
   
3. After a student with a disability has been removed from his/her current placement for ten school days in the same school year, during any subsequent days of removal WSD must provide services to the extent required.
   
   
4. For disciplinary changes in placement that would exceed ten consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the student’s disability, school personnel may apply the relevant disciplinary procedures to students with disabilities in the same manner and for the same duration as the procedures would be applied to students without disabilities, except after the tenth day of removal that constitutes a change in placement, the LEA must provide services to the student.

V.C.     SERVICES (34 CFR § 300.530(d); Rules V.C.)

1. A student with a disability who is removed from the student’s current placement must:
   
   
   1. Continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP; and
      
      
   2. Receive, as appropriate, a functional behavior assessment, and behavior intervention services and modifications that are designed to address the behavior violation so that it does not recur.
      
      
2. The services may be provided in an IAES.
   
   
3. WSD is only required to provide services during periods of removal to a student with a disability who has been removed from his/her current placement for ten school days or less in that school year if it also provides services to a student without disabilities who is similarly removed.
   
   
4. After a student with a disability has been removed from his/her current placement for ten school days in the same school year, if the current removal is for not more than ten consecutive school days and is not a change of placement, school personnel, in consultation with at least one of the student’s teachers, determine the extent to which services are needed, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP.
   
   
5. If the removal is a change of placement, the student’s IEP Team determines appropriate services to be provided during the removal.

V.D.     CHANGE OF PLACEMENT DUE TO DISCIPLINARY REMOVALS (34 CFR § 300.536; Rules V.D.)

1. For purposes of removals of a student with a disability from the student’s current educational placement, a change of placement occurs if:
   
   
   1. The removal is for more than ten consecutive school days; or
      
      
   2. The student has been subjected to a series of removals that constitute a pattern:
      
      
      1. Because the series of removals total more than ten school days in a school year;
         
         
      2. Because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals; and
         
         
      3. Because of such additional factors as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another.
         
         
2. WSD determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings.

V.E.     MANIFESTATION DETERMINATION (34 CFR § 300.530(e); Rules V.E.)

1. Within ten school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, WSD, the parent(s) or adult student, and relevant members of the student’s IEP Team (as determined by the parent(s) or adult student and the LEA) must review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parent(s) or adult student to determine:
   
   
   1. If the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability; or
      
      
   2. If the conduct in question was the direct result of the LEA’s failure to implement the IEP.
      
      
2. The conduct must be determined to be a manifestation of the student’s disability if WSD, the parent(s) or adult student, and relevant members of the student’s IEP Team determine that the misconduct was caused by or had a direct and substantial relationship to the student’s disability, or was the direct result of the LEA’s failure to implement the IEP.
   
   
3. If WSD, the parent(s) or adult student, and relevant members of the student’s IEP Team determine that the misconduct was the direct result of the LEA’s failure to implement the IEP, the LEA must take immediate steps to remedy those deficiencies.
   
   
4. If WSD, the parent(s) or adult student, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the student’s disability, the IEP Team must either:
   
   
   1. Conduct a functional behavior assessment (FBA), unless WSD had conducted a FBA before the behavior that resulted in the change of placement occurred, and implement a behavior intervention plan (BIP) for the student; or
      
      
   2. If a BIP has already been developed, review the BIP, and modify it, as necessary, to address the behavior; and
      
      
   3. Unless the misconduct falls under the definition of special circumstances in Rules V.E.5, return the student to the placement from which the student was removed, unless the parent or adult student and the LEA agree to a change of placement as part of the modification of the behavior intervention plan.
      
      
5. Special circumstances.
   
   School personnel may remove a student to an IAES for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the student’s disability, if the student:
   
   
   1. Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an LEA;
      
      
   2. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an LEA, or
      
      
   3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an LEA.
      
      
6. Definitions.

For purposes of this section, the following definitions apply:

1. 1. Controlled substance means a drug or other substance that cannot be distributed without a prescription, identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 USC § 812(c)).
      
      
   2. Illegal drug means a controlled substance but does not include a drug controlled, possessed, or used under the supervision of a licensed health-care professional or one legally possessed or used under the Controlled Substances Act or under any other provision of Federal law (21 USC § 812).
      
      
   3. Serious bodily injury means bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty (18 USC § 1365). Serious bodily injury does not include a cut, abrasion, bruise, burn, disfigurement, physical pain, illness, or impairment of the function of a bodily member, organ or mental faculty that is temporary (20 USC § 1365).
      
      
   4. Weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2.5 inches (18 USC § 930).

V.F.     PROCEDURAL SAFEGUARDS NOTICE (34 CFR § 300.530; Rules V.F.)

On the date on which the decision is made to make a removal that constitutes a change of placement of a student with a disability because of a violation of a code of student conduct, WSD must notify the parent(s) or adult student of that decision, and provide the parent(s) or adult student the procedural safeguards notice.

V.G.    DETERMINATION OF SETTING (34 CFR § 300.531; Rules V.G.)

The student’s IEP Team determines the IAES for services if the behavior that gives rise to the removal is not a manifestation of the student’s disability, the removal constitutes a change of placement, or the behavior falls under the special circumstances in USBE V.E.5.

V.H.    APPEALS BY PARENT OR LEA (34 CFR § 300.532; Rules V.H.)

1. The parent(s) of a student with a disability or adult student who disagrees with any decision regarding placement or the manifestation determination, or an LEA that believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others, may appeal the decision by filing a due process hearing complaint.
   
   
2. Authority of hearing officer.
   
   
   1. A due process hearing officer hears and makes a determination regarding an appeal.
      
      
   2. In making the determination, the hearing officer may:
      
      
      1. Return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of the discipline procedures under Part B of the IDEA or the Rules or that the student’s behavior was a manifestation of the student’s disability; or
         
         
      2. Order a change of placement of the student with a disability to an appropriate IAES for not more than 45 school days if the hearing officer determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.
         
         
   3. The appeal procedures may be repeated if WSD believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.
      
      
3. Expedited due process hearing.
   
   
   1. Whenever a hearing is requested, the parent(s) or adult student or WSD must have an opportunity for an impartial due process hearing.
      
      
   2. WSD is responsible for arranging the expedited due process hearing with the State Director of Special Education, which must occur within 20 school days of the date the complaint requesting the hearing is filed. The hearing officer must make a determination within ten school days after the hearing.
      
      
   3. Unless the parent(s) or adult student and WSD agree in writing to waive the resolution meeting, or agree to use mediation:
      
      
      1. A resolution meeting must occur within seven calendar days of receiving notice of the due process complaint; and
         
         
      2. The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of the receipt of the due process complaint.
         
         
   4. The decisions on expedited due process hearings are final, unless meeting the requirements of 34 CFR § 300.514(b) or 34 CFR § 300.516.

V.I.      PLACEMENT DURING APPEALS (34 CFR § 300.533; Rules V.I.)

When an appeal through a due process complaint has been made by either the parent or adult student or [DISTRICT], the student must remain in the IAES pending the decision of the hearing officer or until the expiration of the time period specified, whichever occurs first, unless the parent(s) or adult student and the SEA or LEA agree otherwise.

V.J.      PROTECTIONS FOR STUDENTS NOT DETERMINED ELIGIBLE FOR SPECIAL EDUCATION AND RELATED SERVICES (34 CFR § 300.534; Rules V.J.)

1. A student who has not been determined to be eligible for special education and related services under Part B of the IDEA, and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in this part if [DISTRICT] had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.
   
   
2. WSD must be deemed to have knowledge that a student is a student with a disability if, before the behavior that precipitated the disciplinary action occurred:
   
   
   1. The parent(s) of the student or adult student expressed concern in writing to supervisory or administrative personnel of WSD, or a teacher of the student, that the student is in need of special education and related services;
      
      
   2. The parent(s) of the student or adult student requested an evaluation of the student; or
      
      
   3. The teacher of the student, or other personnel of WSD, expressed specific concerns about a pattern of behavior demonstrated by the student directly to the director of special education of the LEA or to other supervisory personnel of the LEA.
      
      
3. WSD would not be deemed to have knowledge that a student is a student with a disability if:
   
   
   1. The parent(s) of the student or the adult student:
      
      
      1. Has not allowed an evaluation of the student; or
         
         
      2. Has refused services under this part; or
         
         
   2. The student has been evaluated in accordance with and determined to not be a student with a disability under Part B of the IDEA.
      
      
4. If WSD does not have knowledge that a student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the disciplinary measures applied to students without disabilities who engage in comparable behaviors.
   
   
   1. If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner.
      
      
      1. Until the evaluation is completed, the student remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
         
         
      2. If the student is determined to be a student with a disability, taking into consideration information from the evaluation conducted by WSD and information provided by the parent(s) or adult student, the LEA must provide special education and related services.

V.K.     REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES (34 CFR § 300.535; Rules V.K.)

1. Nothing in Part B of the IDEA prohibits WSD from reporting a crime committed by a student with a disability to appropriate authorities or prevents State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a student with a disability.
   
   
2. Transmittal of records.
   
   
   1. If WSD reports a crime committed by a student with a disability, it must ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom the LEA reports the crime.
      
      
   2. If WSD reports a crime under this section, it may transmit copies of the student’s special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act (FERPA).