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MISCONDUCT BY STUDENTS WITH DISABILITIES
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Also See Student Misconduct

BEHAVIOR INTERVENTIONS

Behavior interventions shall be used with students with disabilities to promote and strengthen desirable behaviors and reduce identified inappropriate behaviors.  The District has established and will maintain a committee to develop, implement, and monitor procedures on the use of behavioral interventions for children with disabilities.  The committee has reviewed the State Board of Education’s guidelines on the use of  behavioral interventions and uses them as a non-binding reference.  This policy and the behavioral intervention procedures will be furnished to the parent(s) / guardian(s) of all students with individual educational plans.  

RESTRICTIVE INTERVENTIONS

The District has established a policy on the use of Restrictive Interventions for disabled students.   This policy is located in the Board of Education policy manual, which may be accessed through the school office.

SUSPENSION AND EXPULSION OF DISABLED STUDENTS

The following procedure shall be used when it is determined that a student with a disability has engaged in gross misconduct:

                 I.  Suspension for a Cumulative Period Not to Exceed Ten School Days in Any School Year.

                 The District’s regular suspension procedures shall be used to suspend a student with a disability, as long as the District does not invoke a series of suspensions creating a pattern that constitutes a change in placement.

                 II.  Suspension Beyond Ten Days, or Expulsion 

 A.  The District shall promptly notify the student’s parent(s)/guardian(s) of the gross misconduct.  All procedural protections pertaining to notice provided under the regular education discipline policy shall apply to this notice.  This information shall be confirmed in writing and the parent(s)/guardian(s) shall be advised:

1.  That the multidisciplinary conference (MDC) team shall meet as soon as possible, but at least ten calendar days after this notice was sent, unless such 10 day notice is waived by the parent(s)/guardian(s), to determine whether a causal relationship exists between the student’s disabling condition and the student’s alleged disobedience or misconduct; and

2.  Of the date, time, and location of the meeting and that they [the student’s parent(s)/guardian(s)] are requested to attend the multidisciplinary team meeting.

B.   Multidisciplinary (MDC)Conference

  The MDC team may determine that the cause of the student’s disobedience or misconduct is not related to the student’s disabling condition.   In that case, the student may be disciplined under the District’s discipline policy for regular education students by measures up to and including expulsion.  If the Board imposes expulsion or other disciplinary measures altering the student's special education program, an IEP meeting shall be convened to determine appropriate alternative means of service delivery.

 C.  The Board may not expel a disabled student if the MDC team determines that the student’s gross disobedience or misconduct is causally related to the student’s disabling condition.  The IEP team is responsible to address placement changes, which may be appropriate in light of misconduct found to be disability-related.

Parent(s)/guardian(s) may object to a proposed change in their child’s educational placement.  If so, and if the Superintendent believes that the student’s behavior in the current placement poses a continuing physical danger to the student or to others, the Superintendent is authorized to seek a court order to change the placement or to suspend the student for more than ten days.

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