Disciplinary Action for Students with Disabilities

    1. Definitions
      1. In-School Suspension Program (an alternate discipline program): A detention program which includes educational services as written on the IEP while under the supervision of the school

      2. Significant Change in Placement: Removal from educational services for more than ten consecutive days within one school year

      3. Students with Suspected Disabilities: Student appraisal personnel have received formal written consent from the parent to evaluate

    2. Procedures for Exclusion of Students with Disabilities and Students with Suspected Disabilities
      1. For exclusions of one to ten days:

        1. The student must be given prior oral or written notice of the charges as well as the basis for such accusation and an opportunity to respond. The school principal or designee should contact the parent, tutor, or legal guardian to establish a course of action to identify and correct the behavior leading to exclusion before any further action is taken to remove the student.  All procedural safeguards afforded regular education students regarding suspension must be extended to students with disabilities and their parents.  (See Bulletin 741, The School Administrator Handbook and LSA-R.S.7:416)

        2. The Special Education administrator or designee shall be notified immediately, within one (1) school day, of the student’s removal from school, the number of days exclusion, and the reason for the removal. All exclusions, regardless of the reason, must be reported.

      2. For exclusions of more than ten (10) days, or upon reaching the maximum number of unexcused absences due to suspensions:

        1. A trained and knowledgeable group of persons must conduct a manifestation determination Review (MDR) to determine whether the student's misconduct or pattern of misconduct is related to the disabling condition. This group of persons must be knowledgeable about the student, the meaning of the evaluation data, and the placement options.  The IEP/Placement Committee could satisfy this requirement.

          NOTE: For the purpose of this section, if the IEP/Placement Committee is used, a Prior Written Notice letter should be used to notify parent/legal guardian. 

        2. The data considered in making the relatedness decision includes information drawn from a variety of sources, including the IEP and evaluation reports. Other sources may include aptitude and achievement tests, teacher recommendation, physical condition, social or cultural background, and adaptive behavior.  The information obtained from all such sources must be documented and carefully considered.

        3. The relatedness decision cannot be based on the LEA's normal disciplinary procedures.

        4. If the misconduct is found not related to the disability and the exclusion will occur, a reevaluation (as defined in Bulletin 1508, Pupil Appraisal Handbook, must be conducted.  After the reevaluation is completed, the IEP/Placement Committee must convene to determine appropriate programming and placement and develop a behavior management plan which addresses the specific behavior(s) which caused the exclusion to occur.  Free and Appropriate Education (FAPE) must be provided and educational services may not cease.

        5. If the misconduct is found related to the disability, the exclusion shall not occur. The system must convene an IEP committee to consider modifications to the student's program (e.g. additional related services, a functional behavior assessment, changes in the behavior management plan, increased time in Special Education, change of class schedule, change of teacher.)

        6. The Special Education administrator or designee shall be notified immediately, within one (1) school day, of the recommendation for an exclusion of more than ten (10) days. All exclusions, regardless of the reason, must be reported.

      3. Exclusion from the bus is treated the same as an exclusion from school unless alternative means of transportation is provided.

      4. Where the student is clearly dangerous to himself or others, the student may be removed immediately. During this period, school officials should initiate a review of the student's IEP, seek to persuade the parents to agree to an interim placement, or invoke the aid of the courts to remove the allegedly dangerous student from school if they believe that maintaining the student in the current placement would be substantially likely to result in injury to the student or others. Notice of the charges and other due process procedures may be delayed but must be carried out as soon as practical.

    NOTE:  At each IEP meeting there must be a discussion of the social/behavioral needs of the student.  This should include the following: 

    1. Addressing any behavioral problem(s) of the student that are related to the disabling condition; 
    1. Developing a structured program of behavior management (including goals and objectives) for dealing with the behavior; and 
    1. A review and determination of the effectiveness of any prior plan of behavior management.

     Whenever a teacher is struck by a student, the student, in addition to any other discipline given, shall be permanently removed from the teacher's classroom when the student is in the teacher's class, unless the teacher objects or unless the principal, with the concurrence of the School Discipline Committee, finds the striking incident to be entirely inadvertent.

    Any teacher or other school employee may report to the principal any student who acts in a disorderly manner or is in violation of school rules, or any misconduct or violation of school rules by a student who may or may not be known to the teacher or employee.  Incidents of alleged discipline violations shall be reported on one of two forms, one form to report only school transportation-related incidents and one form to report all other incidents.  The forms shall be submitted in accordance with procedures outlined by the Board, the Superintendent, and school system personnel.  The principal shall review and act upon such information submitted to determine if suspension or other disciplinary action is necessary.

    Should the principal fail to act on any report of misconduct or school violation within a reasonable period of time, he or she shall explain the reasons for doing so to the Superintendent or designee and to the teacher or school employee reporting the violation.

    Ungovernable or incorrigible children, who, through no fault of their parents or tutors or other persons having charge of them, regularly disrupt the orderly processes of the school to which they have been assigned, shall be considered as delinquents and may be reported by the Supervisor of Child Welfare and Attendance to the juvenile court of the parish, there to be dealt within the manner prescribed by law.

    Any student who exhibits disruptive behavior, an incorrigible attitude, or any other discipline problems in general, may be recommended by the principal for expulsion, assignment to an appropriate Alternative Education Program, or transfer to Adult Education if such student is:

    1. Seventeen (17) years of age or older with less than five (5) units of credit toward graduation; 
    1. Eighteen (18) years of age or older with less than ten (10) units of credit toward graduation; or  
    1. Nineteen (19) years of age or older with less than fifteen (15) units of credit toward graduation.

    In an effort to curb violence in the schools, the Board shall require the principals to notify the police whenever a junior high or high school student commits battery on another student in a fight and to have the student(s) arrested.  The parents of any child arrested shall be promptly notified.

    FAPE and Students with Disabilities (Free and Appropriate Public Education)

    As a reminder, all federal and state regulations are to be followed in disciplining students with disabilities so that none are denied a Free and Appropriate Public Education (FAPE) as delineated by their IEPs. This is to ensure that these students will benefit from and progress in general curriculum.

     

    Reviewed 07/20/2021
    Kenneth Holmes