Code:  JGDA

Readopted:  5/14/18

Adopted:  4/7/08

Orig. Code(s):  JGDA

When considering student disciplinary procedures that may result in removal of the student, the district follows all special education procedures and ensures the parent and the student are afforded the procedural safeguards of the Individuals with Disabilities Education Act (IDEA) if:

1. The student has an individualized education program (IEP);
2. The student has not yet been identified as a student with a disability, the district had knowledge that the student had a disability and needed special education.

For a violation of a code of conduct, the district may remove a student with a disability for a current educational placement to an appropriate interim alternative educational setting, another setting, or suspension, for up to 10 school days in a school year to the same extent, and with the same notice, as for students without disabilities.

Disciplinary removal of a student with a disability constitutes a change in the student’s educational placement when the removal is for more than 10 consecutive school days, or the removal is for more than 10 cumulative school days and constitutes a pattern of removals.  When considering whether to order a disciplinary change of placement, the district may consider any unique circumstances on a case-by-case basis.  Any decision to initiate a disciplinary change in placement requires a  determination of whether the conduct leading to the disciplinary removal was caused by, or was substantially related to, the student’s disability or was a direct result of the district’s failure to implement the student’s IEP.

In determining whether the student’s behavior is a manifestation of the student’s disability, the IEP team will follow the procedures set forth in Oregon Administrative Rule (OAR) 581-015-2420.

Should the IEP team conclude the misconduct is not a manifestation of the student’s disability, the student may be disciplined in the same manner as other students.

If the IEP team concludes the misconduct is a manifestation of the student’s disability, the student must be returned to their placement unless the interim alternative educational setting (IAES) or IEP team and parent or guardian agree to the changes.  The IEP team may review and revise the student’s IEP and determine whether a change in placement is needed.

For a violation involving drugs, weapons, or the infliction of serious bodily injury, the district may remove a student with a disability from the student’s current educational placement to an appropriate interim, alternative educational setting for the same amount of time that a student without a disability

would be subject to discipline, but for not more than 45 school days in a school year without regard to whether the behavior is a manifestation of the student’s disability.  This removal is considered a change in placement.

The district will provide educational services to a student who is suspended or expelled for more than 10 school days in a school year.  These services may be provided in a different location or interim alternative educational setting as determined by the IEP teams.

---

Legal Reference(s):
ORS 326.565
ORS 326.575
ORS 336.187
ORS 339.252
ORS 343.177

OAR 581-015-2400
OAR 581-015-2405
OAR 581-015-2410
OAR 581-015-2415
OAR 581-015-2420
OAR 581-015-2425
OAR 581-015-2440

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415(k) (2012).

Assistance to States for the Education of Children with Disabilities, 34 C.F.R. § 300.507, § 300.508(a)-(c); §§ 300.510-300.514; §§ 300.530-300.536 (2017).

Code:   JGDA/JGEA-AR

Readopted:  3/4/08

Adopted:   4/1/00

 

 

1. Definitions

a.  The District applies the following definitions when considering disciplinary
     action:

(1)  “Behavioral intervention plan” means an individualized plan, including
       positive interventions, designed to assist a student to decrease
       inappropriate behavior and increase or teach an alternative
       appropriate behavior;

(2)   “Current educational placement” means the type of educational
        placement of the student as described in the student’s “annual
        determination of placement” document at the time of the disciplinary
        removal.  It does not mean the specific location or school but the
        types of placement on the continuum of placement options;

(3)   Change of placement is a disciplinary removal that exceeds 10
       consecutive school days (including removal to an interim alternative
       educational setting) or exceeds 10 cumulative school days during a
       school year and creates a pattern of removal;

(4)   “Disciplinary removal” means suspension, expulsion or other
       removal from school for disciplinary reasons, including removals
       pending completion of a risk assessment.  It does not include:

(a)  Removals by other agencies;

(b)  Removals for public health reasons (e.g., head lice,
       immunizations, communicable diseases, etc.);

(c)  In-school suspensions if the student continues to have access to
      the general curriculum and to special education and related
      services as described in the student’s individualized education
      program (IEP), and continues to participate with non-disabled
     students to the extent he/she would in their current placement; or

(d)  Bus suspensions, unless the student’s IEP includes
      transportation as a related service, the District makes no
      alternative transportation arrangements for the student and the
      student does not attend school as a result of the bus
      suspension.

(5)   “Functional behavioral assessment” means an individualized
        assessment of the student that results in a team hypothesis about
        the function of a student’s behavior and, as appropriate,
        recommendations for a behavior intervention plan;

(6)   “Suspension” means any disciplinary removal other than expulsion;

(7)   "Drug violation" means the use, possession, sale, or solicitation of
        drugs at school or a school-sponsored function;

(8)   "Drug" means an illegal drug or a controlled substance, but does not
        include such a substance that is legally possessed or used under
        the supervision of licensed health-care professional or that is legally
        possessed or used under any other authority under the controlled
        Substances Act or under any other provision of federal law;

(9)   "Weapon violation" means carrying a weapon to school or a
        school-sponsored function or acquiring a weapon at school;

(10) "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 ½"
        in length;

(11) "Serious Bodily Injury" means a bodily injury that involves:

a)     A substantial risk of death;

b)    Extreme physical pain;

c)     Protracted and obvious disfigurement; or

d)    Protracted loss or impairment of the function of a bodily
       member, organ, or mental faculty.

2.  Disciplinary Removals for up to 10 School Days

         a.   The District may suspend students with disabilities from their current
               educational placement for up to 10 school days in a school year to the same
               notice, as for students without disabilities.  These removals are not
               considered a change in placement.

         b.  During disciplinary removals for up to 10 school days:

(1)  The District is not required to provide access to special education and
       the general curriculum unless students without disabilities are
       provided access during this time;

(2)  The District is not required to determine whether the student’s
       behavior resulting in the disciplinary removal is a manifestation of
       the student’s disability;

(3)  The District counts days of suspension as follows:

(a)  Suspensions of a half day or less will be counted as a half day;
      and

(b)  Suspensions of more than a half-day will be counted as a whole
      day;

(c)  If a student moves from another school district in Oregon, any
      days of suspension from the former district apply, unless the
      district does not have knowledge of previous suspensions.

c.  If a parent/guardian disagrees with a suspension and requests a due process
     hearing, the District may require the student to complete the suspension
     before returning to his/her current educational placement.

3.   Additional Disciplinary Removals Of Up to 10 School Days When There is No
      Pattern of Removal

        a.  The District may suspend students with disabilities from their current
             educational placement for additional periods of up to 10 days in a school
             year to the same extent, and with the same notice,   as for students without
             disabilities, if the removals do not constitute a pattern.  These removals do   
             not constitute a change in placement.

        b.   In determining whether removals of additional periods of up to 10 school
              days constitute a pattern of removals, school personnel will consider

(1)   The length of each removal;

(2)   The total time of removals;

(3)   The proximity of the removals to one another; and

(4)   Whether the behavior is substantially similar to the student's behavior
       in previous incidents that resulted in the series of removals.

c.   During removals of additional periods of up to 10 school days in a school
      year that exceed a total of 10 school days during the current school year
      but do not constitute a pattern, the District will provide services that are
      necessary to enable the student to:

(1)  Appropriately progress in the general curriculum and appropriately
      advance toward achieving the goals in the student’s IEP; and;

(2)  The services and location for delivery of services in this section will be
      determined by school personnel, in consultation with the student’s
      special education teacher, or by the student’s IEP team.

          d.  The District is not required to determine whether the behavior resulting
                in the disciplinary removal is a manifestation of the student's disability.    

e.   If a parent/guardian disagrees with the suspension and requests a due
      process hearing, the District may require the student to complete the
      suspension before returning to his/her current educational placement.

4.   Disciplinary Removals of More than 10 School Days (Pattern or Consecutive)

a.  When a student is removed for disciplinary reasons for more than 10 school
     days, it is considered a change in the student’s educational placement if:

(1)  The removal is for more than 10 consecutive school days; or

(2)  The removal is for more than 10 cumulative school days, and it
      constitutes a pattern of removals.

b.   In initiating this type of removal, the District will:

(1)  Immediately schedule an IEP meeting for the purpose of addressing
      the student’s behavior;

(2)  Not later than the date on which the decision to remove a student
       under a. is made.

(a)   Provide notice of disciplinary action for an expulsion; and

(b)   Provide Notice of Procedural Safeguards to the
        parent/guardian.

c.    Manifestation Determination 

(1) Within 10 school days of any decision to change the student’s
     placement because of a violation of a code of student conduct, the
     District, parent/guardian and relevant members of the IEP team shall
     review all relevant information to determine:

(a)  If the conduct was caused by or had a direct and substantial
       relationship to the student’s disability; or

(b)  If the conduct was the direct result of the District’s failure to
       implement the IEP.(2)   If the District, parent/guardian and
       relevant members of the IEP team conclude that either of the
       above two is applicable to the student, the conduct shall be
       determined to be a manifestation of the child’s disability.

d.   If the District, parent/guardian and relevant members of the IEP team
      conclude the misconduct is a manifestation of the student’s disability,
      the IEP team shall:

(1)  Conduct a functional behavioral assessment, and implement a
      behavior intervention plan for the student (provided that the District
      had not conducted such assessment prior to such determination
      before the behavior that resulted in the change of placement);

(2)  If, when a behavioral intervention plan has already been developed,
      review and modify the plan as necessary to address the behavior; and

(3)  Return the student to the placement from which the student was
       removed unless the student is removed to an interim alternative
       educational setting or the parent/guardian and District agree to
       change the placement as part of the behavioral intervention plan.

e.  If the IEP team determines that the student’s behavior is not a manifestation
     of the student’s disability, the District may proceed with disciplinary action
     as it would for a non-disabled student.

In taking this action, the District will:

(1)  Ensure that the special education and disciplinary records of the
      student with a disability are transmitted for consideration by the
      school personnel making the final determination regarding the
      disciplinary action; and

(2)  Provide the services, determined by the IEP team, that are necessary
      to enable the student to:

(a)  Appropriately progress in the general curriculum; and

(b)  Appropriately advance toward achieving the goals in the
      student’s IEP.

(3)  Ensure that the student receives, as appropriate, a functional
       behavioral assessment, behavior intervention services and
       modifications that are designed to address the behavior violation
       so it does not recur.

(4)  If a student’s educational placement changes as a result of the
       IEP/placement reviews, provide prior written notice of change in
       placement.
 

f.    If a parent/guardian disagrees with the manifestation determination or any
      decision about placement related to the disciplinary removal, and requests
      a due process hearing, the student will remain in the disciplinary setting
      pending the hearing.

5.   Removal to an Interim Alternative Educational Setting by School District (Drugs
      and Weapons and Serious Bodily Injury)

a.   A student may be removed from the current educational placement to an
      appropriate interim alternative educational setting for the same amount of
      time that a student without a disability would be subject to discipline, but for 
      not more than 45 school days in a school year for a drug or weapon violation
      or if the student has inflicted serious bodily injury upon another person
      while at school, on school premises, or at a school function under the
      jurisdiction of the state or District.  This removal is a change in placement.
b.   If a student is removed for a drug or weapon violation or for inflicting
      serious bodily injury as defined above, the District will:

(1)  Immediately schedule an IEP meeting (which will be convened within
      10 business days of the disciplinary action);

(2)  Not later than the date on which the decision to take action is made,
      provide the parent/guardian with notice of disciplinary action for a
      suspension or expulsion, and notice of the decision to remove the
      student to an interim alternative educational setting; and

(3)  Provide Notice of Procedural Safeguards to the parent/guardian.

          c.  Immediately or within 10 business days, the District will convene an IEP
               meeting to:

(1) Develop a functional behavioral assessment plan; or

(2) If a functional behavioral assessment has already been completed on
     the behavior that resulted in the removal, the IEP team will review the
     plan and revise it as needed; and

(3) Determine whether the student’s behavior is a manifestation of the
     student’s disability;

(4) Review the student’s IEP, and revise, as appropriate;

(5) Determine the specific interim alternative educational setting
     which will enable the student to continue to:

(a) Progress in the general curriculum, although in another setting;

(b) Receive special education services and modifications described
      in the student’s IEP that will enable the student to meet IEP
      goals; and

(c) Receive services and modifications that address the misconduct
     and are designed to prevent the misconduct from recurring.

          d.   If the IEP team determines that the student’s behavior is a manifestation
                of the disability, the District may:

         (1) Continue the student’s placement in the interim alternative
              educational setting until the end of the 45-school day period;

(2) Review and revise the student’s IEP and placement; and

(3) Seek a hearings officer’s removal for injurious behavior.

          e.   If the IEP team determines that the student’s behavior is not a
                manifestation of his/her disability, the District may also proceed with
                disciplinary action applicable to students without disabilities, in the same
                manner in which it would apply to students without disabilities.  If
                proceeding with this disciplinary action, the District will:     

(1) Ensure that the special education and disciplinary records of the
      student are given to school personnel for consideration in making
      the final determination regarding the disciplinary action;

(2)   Provide the services, determined by the IEP team, that are necessary
       to enable the student to appropriately progress in the general
       curriculum and to appropriately advance toward achieving the
       goals in the student’s IEP.

(3)   Provide as appropriate, a functional behavioral assessment, behavior
       intervention services and modifications to address the behavior
       violation so it does not recur.

          f.  If the student’s educational placement changes as a result of the
              IEP/placement reviews, the District will provide the parent/guardian
              with prior written notice of change in placement.

g.  As soon as practicable after developing a plan for conducting a functional
     behavioral assessment and completing the assessments required by
     the plan, the District will hold an IEP meeting to develop appropriate behavior
     interventions to address the behavior and shall implement those
     those interventions.

          h.  If the parent/guardian of the student requests a due process hearing
               because he/she disagrees with the manifestation determination, the
               removal to the interim alternative educational setting or any decision
               about placement related to a disciplinary removal:

(1) The student will remain in the interim alternative educational setting
      pending the decision of the hearings officer or for 45 school days,
      whichever occurs first; unless the parent/guardian and School District
      agree otherwise.

6.  Removal to an Interim Alternative Educational Setting by Hearings Officer
     (Injurious Behavior)

a.   The District may request an expedited due process hearing to obtain a
      hearings officer’s order to remove a student to an appropriate interim
      alternative educational setting for not more than school 45 days if the
      District believes that maintaining the current placement is substantially
      likely to result in injury to the student or to others.

b.   The hearing officer may order a change of placement to an appropriate
      interim alternative educational setting for not more than 45 school days
      if the hearing officer determines that maintaining the current placement is
      substantially likely to result in injury to the student or others.

c.   This procedure may be repeated if the District believes the student would
       be dangerous if returned to the original placement.

7.  Protections for Children not yet Eligible for Special Education

a.  The District will apply these protections to students not yet identified as
     students with a disability if the District had knowledge that the student was
     a student with a disability.  The District is deemed to have knowledge if:

(1) A parent/guardian has expressed a concern in writing to supervisory or
      administrative personnel or to a teacher of the student that his/her
      student is in need of special education and related services;

(2) The parent/guardian of a student has requested a special education
      evaluation of his/her child; or

(3) The teacher of the student has, or other school personnel, expressed
      concerns about a pattern of behavior of the student directly to the
      special education director or to other supervisory personnel.

b.  The District will not be considered to have knowledge of a disability if the
     District:

(1)  Conducted a special education evaluation in accordance with state eligibility criteria for disabilities and determined that the student was not eligible, and gave the parent/guardian prior written notice of that determination; or

(2)  The parent/guardian has not allowed an evaluation of the child or
       has refused special education services.

c. If the District did not have knowledge, it may take the same disciplinary
    actions as applied to students without disabilities who engaged in
    comparable behavior; however:

(1)  If a special education evaluation is requested, or if the District initiates
       a special education evaluation, the evaluation will be conducted in
       an expedited manner;

(2) Until the evaluation is completed, the student will remain in the a
      educational placement determined by school personnel, which can include suspension, expulsion or placement in alternative education;

(3) Upon completion of the evaluation, if the student is determined to be a
      student with a disability, the District will conduct an IEP meeting to
      develop an IEP and determine placement and shall provide special
      education and related services;

(4) The District will apply the discipline provisions beginning on the
     date of the eligibility determination.