DISCIPLINE

In being a partner with the school, it is important to read and understand the school's rules!

Suspension
A student with a disability may be suspended:

• for up to ten consecutive school days for the same reasons as a student without a disability may be suspended
• for additional periods of suspension for up to ten consecutive school days for separate incidents of misconduct

The school is not required to provide educational services during the first ten days of suspension.

After the total number of days of suspension reaches ten days in a school year, the school must:

• Provide educational services to the student during the suspension whether the suspension is served in school or at home.
• The school principal and the student's special education teacher decide what educational services will be provided.
• Convene the CCC within ten business days to develop a plan for a functional behavioral assessment (if the student does not have a current behavioral intervention plan) or review the current behavioral intervention plan for needed changes.

Expulsion
A student with a disability may be expelled for the same reasons as a student without a disability. However, before a student with a disability can be expelled, the CCC must meet to determine if the student's misconduct is a manifestation of or caused by the student's disability, an inappropriate IEP or placement, or the failure to appropriately implement the IEP.

If the CCC determines the student's misconduct was not caused by the disability or problems with the IEP, the student may be expelled in accordance with school policy. If the student is expelled, the school must provide educational services to the student during the period of expulsion. The CCC determines what services must be provided.

If the CCC determines the student's misconduct was caused by the disability or problems with the IEP, the student may not be expelled. The CCC must review the student's current placement and IEP and determine what changes are needed to address the student's needs.

If a parent disagrees with the CCC about the manifestation determination, the parent may request mediation or an expedited due process hearing.

Interim Alternative Educational Setting (IAES)
A student with a disability may be moved to an interim alternative educational setting for up to 45 calendar days if the student:

• carries a weapon to school or to a school function, or
• knowingly possesses or uses illegal drugs at school or at a school function, or
• sells or solicits the sale of a controlled substance while at school or a school function.

In the case of a weapon or drug offense, the school makes the decision that the student will be moved to an IAES, but the CCC determines where the actual placement will be. The parent may request mediation or an expedited due process hearing if the parent disagrees with the IAES placement proposed by the CCC.

An IAES may also be used if the school believes the student poses a substantial risk of harm to himself or others if the student remains in or returns to the placement identified in the student's IEP. If the school and the parents cannot agree on a change of placement for the student, the school may request an expedited due process hearing and ask a hearing officer to change the student's placement to an IAES. The student may not be placed in an IAES unless the hearing officer orders it.

Functional Behavioral Assessment and Behavioral Intervention Plan
A Functional Behavioral Assessment (FBA) is the organized collection and analysis of information about a student's behavior in order to:

• clearly define and describe the problem behaviors;
• understand the conditions under which the problem behaviors occur;
• determine why the problem behavior occurs; and
• understand what individual factors, such as lack of personal or academic skills, impact the occurrence of the problem behaviors.

A Behavioral Intervention Plan (BIP) is developed by the CCC and describes what modifications, positive intervention strategies, and skill instruction will be used in an effort to change the student's behavior. The BIP is developed from the information gathered in the FBA.

The CCC must meet within 10 business days of expulsion, placement in an interim alternative educational setting, or the 11th cumulative day of suspension in order to:

• develop a plan for a functional assessment of the student's behavior if no FBA has been conducted or if the student does not have a BIP; or
• review and revise an existing BIP.

Manifestation Determination
A manifestation determination is a decision by the CCC about whether a student's misconduct is a manifestation of (caused by) the student's disability, an inappropriate IEP or placement, or the school's failure to implement the IEP as written.

The CCC must meet within 10 instructional days of expulsion or placement in an interim alternative educational setting to make a manifestation determination. This meeting may occur at the same time the CCC meets to discuss an FBA and a BIP. The local special education director or his/her designee must serve as the public agency representative to the CCC.

The CCC must review all relevant information and determine:

• whether the student's IEP and placement are appropriate;
• whether the student's IEP was implemented as written;
• whether the student's disability impaired his/her ability to understand the impact and consequences of the misbehavior; and
• whether the student's disability impaired his/her ability to control the misbehavior.

If the CCC determines that the student's misconduct is a manifestation of or caused by the student's disability, the student may not be suspended or expelled (see Expulsion on previous page).

Protections for Students not yet Eligible for Special Education
A student being subjected to school discipline, who has not yet been identified as eligible for special education, may be covered by the protections of Article 7 and the IDEA '97 if the school has knowledge that the student may be a student with a disability.

A school may have knowledge that the student may have a disability if:

• the parent has expressed concern in writing to the school that the student needs special education;
• the student's behavior or performance demonstrates a need for special education services;
• the parent has requested an evaluation of the student; or
• the student's teacher or other certified personnel has expressed concern to the local director of special education about the student's performance.

If the parent requests an educational evaluation of the student after the student is subjected to disciplinary proceedings, the evaluation must be conducted and a CCC convened within 20 instructional days (instead of the usual 60 instructional days). If the student is determined to be a student with a disability, the student is afforded all of the protections of state and federal special education laws.

For more information on discipline, see 511 IAC 7-29