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Page 1 of 4
EASTON AREA
SCHOOL DISTRICT
No. 113.1
SECTION:
PROGRAMS
TITLE:
DISCIPLINE OF STUDENTS
WITH DISABILITIES
ADOPTED:
May 17, 2007
REVISED:
April 17, 2012
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES
1.
Purpose
Title 22
Sec. 14.133
Pol. 113, 113.2
When necessary, behavior support programs shall be developed and maintained for
students with disabilities in order to promote and strengthen desirable behaviors and
reduce identified inappropriate behaviors.
Title 22
Sec. 14.133,
14.143
34 CFR
Sec. 300.530
Pol. 218, 233
Students with disabilities who engage in inappropriate behavior, disruptive or
prohibited activities and/or actions injurious to themselves or others shall be
disciplined in accordance with their Individualized Education Program (IEP),
behavior support plan, Section 504 plan and Board policy.
2.
Authority
Title 22
Sec. 14.143
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.530
The Board directs that the district shall comply with provisions of the Individuals
With Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act and
federal and state regulations when disciplining students with disabilities for
violations of district policy or school rules and regulations. No student with a
disability shall be expelled if the student’s particular misconduct is a manifestation
of his/her disability.
3.
Guidelines
Title 22
Sec. 14.143
34 CFR
Sec. 300.530
A manifestation determination to determine whether the conduct that gave rise to the
disciplinary incident was a manifestation of his/her disability shall be made for any
student with an identified disability under Section 504 or the IDEA whose
suspension or expulsion constitutes a change in placement under the law. If the
conduct is determined to be a manifestation of his/her disability, the student shall not
be subject to discipline. If the conduct is not determined to be a manifestation of
his/her disability, the student may be disciplined according to the Code of Conduct.
For a student who is eligible under Section 504 but not under the IDEA, a
manifestation determination does not need to occur where the disciplinary incident
involved current drug and/or alcohol abuse. Section 504 protections are not available
to students in those cases.
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 2
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During any period of disciplinary action that constitutes a change in placement for
an IDEA-eligible student, the IEP Team shall be convened, and the student shall
continue to receive a free and appropriate public education (FAPE), in accordance
with federal law.
Title 22
Sec. 14.143
For a student identified as a student with mental retardation under the IDEA, a
removal from school is a change of placement, thereby meriting a manifestation
determination.
34 CFR
Sec. 300.524
Pol. 218, 233
If an IDEA-eligible student’s behavior is found to be a manifestation of a disability,
the IEP Team shall conduct a functional behavior assessment (FBA) and implement
a positive behavior support plan (PBSP), if they have not previously been done. If an
FBA or PBSP have been done for the student, the IEP Team will review the data to
determine whether an updated FBA is necessary and will make necessary revisions
to the PBSP.
If an IDEA-eligible student’s behavior is found to be a manifestation of the student’s
disability, the student shall return to his/her placement from which s/he was removed
unless the IEP Team, including the parent/guardian, agree that a change in
placement is appropriate for the student.
If the IDEA-eligible student’s behavior is found not to be a manifestation of the
student’s disability, the IEP Team will consider whether a functional behavior
assessment (FBA) is recommended and whether a positive behavior support plan
(PBSP) is necessary.
34 CFR
Sec. 300.527,
300.528
For students who are thought to be exceptional under the IDEA, the district shall
delay disciplinary action until an expedited evaluation to determine IDEA eligibility
is conducted. If the student is found to be eligible under the IDEA, then the
manifestation determination provisions, above, shall apply.
Weapons Violations
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.530(g)
The district reserves the right to remove an IDEA-eligible student from school for
possession of a weapon, as defined in the IDEA, subject to the terms and
requirements of the IDEA and regardless of whether the weapons offense is a
manifestation of a disability. The student shall be placed by the district in an
appropriate interim alternative educational setting for no more than forty-five (45)
school days unless the IEP Team chooses to extend the placement for a longer
period of time.
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 3
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Drugs/Controlled Substances Violations
20 U.S.C.
Sec. 1415(k)
21 U.S.C.
Sec. 812(c)
34 CFR
Sec. 300.530(i)
Pol. 227
A student with a disability who knowingly possesses or uses illegal drugs or sells or
solicits the sale of a controlled substance while at school or a school function may be
removed from his/her current placement regardless of whether the drug offense is a
manifestation of a disability. The student shall be placed by the district in an
appropriate interim alternative educational setting for no more than forty-five (45)
school days unless the IEP Team chooses to extend the placement for a longer
period of time.
Serious Bodily Injury
18 U.S.C.
Sec. 1365(h)(3)
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.530(i)
A student with a disability who knowingly inflicts serious bodily injury upon
another person while at school, on school premises, or at a school function may be
removed from his/her current placement regardless of whether the offense is a
manifestation of a disability. Serious bodily injury involves: 1) substantial risk of
death; 2) extreme physical pain; 3) protracted and obvious disfigurement; or 4)
protracted loss or impairment of the function of a bodily member, organ, or mental
faculty. The student shall be placed by the district in an appropriate interim
alternative educational setting for no more than forty-five (45) school days unless
the IEP Team chooses to extend the placement for a longer period of time.
Referral To Law Enforcement
SC 1302.1-A
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.535
When a student with a disability is referred to law enforcement, the school has the
responsibility to maintain compliance with the Individuals with Disabilities
Education Act (IDEA), state and federal regulations, and the Family Educational
Rights and Privacy Act. Special education and disciplinary records of a student with
disabilities may be transmitted to law enforcement only to the extent that the
transmission is permitted by FERPA.
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 4
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References:
School Code – 24 P.S. Sec. 510, 1302.1-A, 1303-A
State Board of Education Regulations – 22 PA Code Sec. 12.6, 14.133, 14.143
Crimes Code, Possession of Firearms and Dangerous Weapons –
18 U.S.C. Sec. 930
Crimes Code, Definition, Serious Bodily Injury – 18 U.S.C. Sec. 1365(h)(3)
Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq.
Controlled Substances Act – 21 U.S.C. Sec. 812
Individuals With Disabilities Education, Title 34, Code of Federal Regulations –
34 CFR Part 300
Board Policy – 113, 113.2, 216, 218, 218.1, 218.2, 222, 227, 233