Regulation STUDENTS September 14, 2005
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1 Discipline of Special Education Students I. Short-Term Suspension A. Special education students involved in misconduct may be placed on short-term suspension for ten school days or less in a school year by following routine disciplinary procedures. This removal does not constitute a Change in Placement. B. The student is subject to normal disciplinary procedures. C. If behavior warrants, a Functional Behavior Assessment and Behavior Intervention Plan may be considered. II. Change in Placement A. Series of short term removals exceeding ten cumulative days in a school year. School personnel determine if disciplinary removal may constitute a Change in Placement by considering the pattern of suspensions; i.e., 1. Proximity of removals to one another; 2. Length of each removal; and 3. Total amount of time student has been removed. B. A Change in Placement occurs when a student is removed from special education services for more than ten school days at a time. C. If a Change in Placement is anticipated, the student is referred to the IEP team for: 1. Manifestation Determination Review; 2. Functional Behavior Assessment, if not already completed; 3. Review, development and/or revision of a Behavior Intervention Plan; and 4. IEP review and determination of educational services while disciplined.
2 Page 2 III. First Short-Term Suspension After Accumulating More Than Ten Days of Suspension in a School Year (If Not a Change in Placement) A. When a special education student has been suspended from class or school for a cumulative total of more than ten school days during the school year, educational services that allow the student to make progress in the general curriculum and on IEP goals shall be provided. 1. These services shall begin on the eleventh school day of suspension. 2. The administrator and special education case manager determine the nature and extent of services. (See Attachment I, Form ) B. Within ten business days of the recommendation for removal, school personnel shall conduct a Functional Behavior Assessment or review the existing Behavior Intervention Plan for revision. IV. Remaining Short-Term Suspensions in the School Year After 11 Cumulative Days (If Not a Change in Placement) A. When a special education student has been suspended from school for a cumulative total of more than 11 school days during the school year, educational services that allow the student to make progress in the general curriculum and on IEP goals shall be provided. The administrator and special education case manager determine the nature and extent of services. (See Attachment I, Form ) B. IEP Team members review the existing Behavior Intervention Plan and meet to revise, if necessary. V. Discipline Recommendations Exceeding Ten Consecutive Days At A Time (Change in Placement) Except for Drugs/Weapons/Serious Bodily Injury (Long-Term Suspension) A. The school administrator can suspend the student from the Prince William County Public Schools for five school days and may extend the suspension for an additional five school days, with the concurrence of the area associate superintendent.
3 Page 3 B. Within ten business days of the suspension, the IEP Team, with provision of proper notice to parent(s)/guardian(s)/adult student (see Attachment II) and Procedural Safeguards in Special Education, shall convene to: 1. Conduct a Manifestation Determination Review (MDR); 2. Determine educational services that allow the student to progress in general education and IEP goals and objectives (see Attachment I, Form 75-25); and 3. Initiate a Functional Behavior Assessment (if not already done). C. If the student is long-term suspended, this constitutes a Change in Placement. The IEP Team reconvenes and writes a new IEP to determine the educational services to be provided while disciplined and the implementation of a Behavior Intervention Plan that will enable the student to progress in the general curriculum and to advance appropriately toward attainment of IEP goals and objectives. Home-based instruction is an option. VI. Illegal Drug, Dangerous Weapon Offenses, and Serious Bodily Injury with Recommended Discipline Exceeding Ten School Days A. The school administrator may initially suspend a student who has been charged with illegal substance abuse, dangerous weapons, and serious bodily injury offense for five school days; and may extend the suspension for an additional five school days with the concurrence of the area associate superintendent. B. The school administrator, with approval of the area associate superintendent, may also impose a 45 school day removal to an Interim Alternative Educational Program (IAEP). This is a Change in Placement. 1. The IEP Team determines the IAEP. 2. The IAEP: a. Allows the student to progress in the general curriculum; b. Continues services/modifications, including those in the current IEP, to meet IEP goals and objectives; and
4 Page 4 c. Includes services/modifications so illegal drug or dangerous weapon offense does not recur (submit to daily search; attend Impact program). 3. Parent permission is not required for placement in the IAEP. 4. Within ten business days, the IEP Team shall: a. Conduct a Manifestation Determination Review to provide information; and b. Conduct a Functional Behavior Assessment, unless one exists. 5. If the parent disagrees with the MDR decision, the decision may be appealed, but the student remains in the IAEP during the appeal. 6. Following placement in the IAEP, the Behavior Intervention Plan is developed, reviewed, or revised as soon as practical. 7. The IAEP cannot continue beyond 45 school days without parent/guardian permission unless the student is long-term suspended or expelled and no manifestation was found. 8. Multiple 45 school day removals are permitted for separate incidents. C. The school administrator may recommend a long tem suspension or expulsion to be imposed beyond the initial suspension and 45 school day removal to an IAEP. The additional discipline may be imposed if no manifestation is found. VII. Expulsion (365 Days) A. Special education students involved in misconduct may be suspended for up to five school days during which time a principal s hearing must be held. The suspension may be extended for an additional five school days with the concurrence of the area associate superintendent. Expulsion constitutes a Change in Placement of a special education student. B. Within ten business days of the recommendation for the suspension, the IEP team, with provision of proper notice to parent(s)/guardian(s)/adult student (Attachment II) and Procedural Safeguards in Special Education, must convene to:
5 Page 5 1. Conduct a Manifestation Determination Review (MDR); 2. Determine educational services that allow the student to progress in general education and IEP goals and objectives; and 3. Initiate a Functional Behavior Assessment (if not already done). C. If the student is expelled, the IEP Team reconvenes and writes a new IEP to determine the educational services that include implementation of a Behavior Intervention Plan that will enable the student to progress in the general curriculum and to advance appropriately toward attainment of IEP goals and objectives. Home-based instruction is an option. VIII. Dangerous Student A. The building administrator may impose five days of suspension and may extend the suspension for an additional five days, with the concurrence of the area associate superintendent. B. Within ten business days of the suspension, the IEP team with provision of proper notice to parent/guardian/adult student and Procedural Safeguards in Special Education, must convene to conduct a Manifestation Determination review before imposing additional discipline. 1. If the behavior in question is not a manifestation of the disability, the student may be disciplined as if non-disabled pursuant to section V. C. in the regulation. 2. If the behavior in question is a manifestation of the disability, the building administrator contacts the Director of Special Education to review options. The Director of Special Education, Director of Office of Student Management and Alternative Programs, and area associate superintendent are responsible for implementing and monitoring this regulation. PRINCE WILLIAM COUNTY PUBLIC SCHOOLS
6 Attachment I Regulation PRINCE WILIAM COUNTY PUBLIC SCHOOLS P.O. BOX 389, MANASSAS, VIRGINIA EDUCATIONAL SERVICES PROVIDED AFTER TEN DAYS OF OUT OF SCHOOL SUSPENSION Date: Student: School: Student #: DOB: Date(s) of Suspension: This short term suspension is not a change in placement. The following information was considered in making this determination: Proximity of removals to each other Length of each removal Total amount of time student has been removed Educational Services: The following educational services will be provided during the suspension: Justification Statement: The services are sufficient to enable the student to make progress in the general curriculum. The services will enable the student to advance toward achieving the goals in the Individualized Education Program (IEP). Signatures of School Personnel Name Position Date Administrator (required) Special Education Teacher (required) Distribution: Original: Student Education Record Copy: Parent/Student FORM: G (Rev. 08/04) Form 75-25
7 Attachment II Regulation LETTER FROM PRINCIPAL PROVIDING PROPER NOTICE FOR MDR MEETING Name of student Name of parent(s)/guardian(s) Street address City, state, zip code Date Dear (name of student) and (name of parent(s)/guardian(s): I regret to inform you that the administration of (name of school) is considering further disciplinary action as a result of (insert name of student and last offense [example: Tommy s possession of marijuana on school property]). Since this may result in a change of placement for (name of student), a Manifestation Determination Review (MDR) must be conducted immediately. If additional information regarding the purpose of this meeting is needed, refer to the enclosed Virginia Special Education Procedural Safeguard Requirements. I propose that this meeting be held at (name of school) in (room #) at (time of appointment) on (date). If this is not an agreeable time or place, please contact me immediately at (school s telephone number). The MDR meeting must be held by (10 th day of suspension) to protect (name of student) s rights. The following staff will attend: (School administrator) (Name of student) s special education teacher (Name of student) s regular education teacher [only list if student has one.] (School psychologist) (Central office staff member) [only list if one has agreed to attend] It is very important that you and your child take this opportunity to participate in this meeting. You may want to bring individuals who have knowledge or special expertise regarding (name of student). If you desire to do so, or if additional information is required, please contact me at (school s telephone number). Sincerely, (Name of principal) (Name of school) Enclosure: Virginia Special Education Procedural Safeguard Requirements
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