Educational Services During Suspension
It is essential to keep in mind that a special education student must still receive educational services during a suspension if the suspension amounts to a “change in placement.” This adjustment takes place if the child is expelled for more than ten days in a row or for more than ten days in a school year due to noticeably similar behavior (“Special Education Discipline,” n.d.). Depending on what the Individualized Education Program Team decides, the services may be delivered inside or outside of the school. This guarantees that, despite disciplinary measures, the student’s academic progress is preserved.
Manifestation Determination Meeting
The IEP Team’s manifestation decision meeting is a crucial stage in the procedure. Whether the student’s behavior is “substantially related” to their impairment is evaluated at this conference. The student’s IEP, teacher observations, and any pertinent data supplied by parents or guardians—including third-party evaluations—are among the factors taken into account. If the student’s behavior indicates impairment, they cannot be expelled from school. By the way, the emphasis is on modifying the IEP to better manage the student’s behavior, highlighting the comprehensive and collaborative nature of this approach.
Procedures for Non-Manifestation Cases and IAES Placement
Suppose it is judged that the student’s behavior is not indicative of their handicap. In that case, they may face the same disciplinary sanctions as their peers without impairments, up to and including expulsion. Education services must still be offered, though. An Interim Alternative Educational Setting may be used for up to 45 school days in circumstances of significant violence, drug use, or major physical harm (“Special Education Discipline,” n.d.). This placement will be determined by the IEP Team, who will also need to address improper conduct, ensure the child meets IEP goals, and allow the child to continue with their regular curriculum.
Reference
Special education discipline: Suspensions and expulsions. (n.d.). Kids Legal.