Discipline Policy


To view the entire Quail Run Discipine Policy as a pdf, please download it HERE.

Creating a Safe, Positive Learning Environment: Student Discipline Policy

Table of Contents
Purpose
Fostering a Safe, Positive Environment
Violations
Due Process

Purpose
The purpose of the Quail Run Student Discipline Policy is to create a safe and positive learning environment by teaching students to demonstrate respect and responsibility.

Return to top

Fostering a Safe, Positive Environment
To foster a safe and positive learning environment, the Quail Run Board of Trustees, Administrative Site Team and faculty will:
• Maintain an orderly school operation.
• Maintain optimal learning opportunities for students.
• Ensure that school facilities and classrooms must be free of behaviors that interfere with teaching and learning.
• Help students develop skills and behaviors necessary for healthy social interaction, both present and future.
• Help students learn how their decisions affect the quality of their lives and others.
• Help students develop responsibility, character and respect for oneself and others.
• Guide and expect students to solve their own problems, or the ones they create, without creating problems for anyone else.
• Handle misbehavior with natural or logical consequences instead of punishment, whenever possible.
• View misbehavior as an opportunity for individual problem solving and preparation for the real world.

Quail Run has developed programs to teach students positive behaviors. These programs include, but are not limited to, peer tutoring, peer playground monitoring programs, National Anti-Bullying Week activities, Red Ribbon Week, 7th and 8th grade academy, value of the month, study skills classes and character development lessons.

Each student is a unique individual with unique personal, social, and educational needs. As a result, every disciplinary situation is unique in nature. Consequences for misbehavior provide the best learning value when matched to the unique student and the unique situation. Whenever possible, children causing repeated disruptions during class should be removed from the situation, not from the learning environment.

A. School Classroom Management
1. Rules of Behavior
QRPS has two school-wide rules of behavior that all students follow and all classroom teachers enforce:
• Be responsible
• Be respectful

2. Classroom Instructional Practices that Encourage Positive Behavior
Quail Run Primary School Teachers will approach discipline and classroom management with the goal of preventing as many behavioral problems as possible. Effective strategies include:
• Being well prepared at all times.
• Creating fun and engaging lessons.
• Providing praise and recognition to your students at appropriate times
• Establishing definite procedures for all activities within the classroom, ie: moving from seats to floor, moving to the door and lining up to go to recess, turning in assignments, distributing materials, etc.
• Planning carefully for in class and between class transitions. Know what you want them to do next and how you want to get them started: switching from math to language arts, switching from one center to the next, etc.
• Teachers are strongly encouraged to give certain students assignments within the classroom such as: crayon distributor, garbage, leading the pledge, passing out papers, picking up assignments, etc. Rotate these jobs to different students.
• Use every minute of every day. Keep students engaged at all times.
• Watching the clock and using a timer. When time is up, move on.
• Think of ways to allow your students to move.
• Get input from your colleagues.
• Place the focus on the level of quality not quantity.
• Use integration and allow students to work with projects.
• Vary between group work, independent work, partnerships, class discussion, etc.
• Use visual aids and manipulatives.
• Integrate music and art into your teaching.

3. Classroom Management Strategies, including uniform methods for correction of student behaviors
Teachers are encouraged to use effective intervention strategies approved for school-wide use by the administration such as in-class “Thinking Time” and “Precision Commands”.

4. Responsibilities of Classroom Teachers and Others
The successful implementation of this policy everyone's responsibility. Every student, parent/caregiver, teacher, administrator, school support personnel, school staff, visitor and community member engaged in educational activities has a role. This includes:
• Supporting a school-wide positive behavior plan consistent with the mission and charter of Quail Run Primary School.
• Knowing, communicating and consistently monitoring this policy.
• Maintaining open lines of communication between staff, students and parents/caregivers.
• Using positive response strategies and appropriate corrective feedback for disruptive students.
• Collaborating and partnering with after-school programs and outside agencies, when appropriate.

Student Responsibilities
Students are expected to learn and follow all school and classroom rules and to demonstrate appropriate social skills when interacting with both adults and peers. When behavioral expectations are not met, the student is expected to work to improve behavior. Students are encouraged to take leadership roles in modeling appropriate behaviors and attitudes for peers.

Parent/Caregiver Responsibilities
Parents/Caregivers will take an active role in supporting the school's efforts to maintain a welcoming school climate. This includes supporting the implementation of the school-wide positive behavior plan. They will review school rules with their children, reinforce positive behavior, and acknowledge their children for demonstrating appropriate conduct. If misconduct escalates, the parent/caregiver will work as a collaborative partner to address the student's needs.

Teacher Responsibilities
Each teacher has a fundamental role in supporting a positive classroom and school. This includes utilizing effective classroom management strategies to create an environment conducive to learning and prevent misconduct. The teacher is responsible for:
• Teaching, reviewing and modeling school rules.
• Acknowledging appropriate student behavior.
• Providing corrective feedback and re-teaching the behavioral skill when misconduct occurs.
• Working with families in partnership to reinforce appropriate behavior (meeting, mailing correspondence, email, phone calls as appropriate).
• Teaching the school approved violence prevention curriculum that teaches social-emotional skills.
• Following the behavior support plan for students with disabilities, available to all staff working with that student.
• Utilizing data in collaboration with administration and support personnel to monitor misconduct.
• Reporting the behavior to the Site Director for a student who engages in ongoing misconduct, despite appropriate interventions.

School Administration Responsibilities
The school Administrative Site Team members act as role models and leaders. School administrators, in collaboration with instructional staff are responsible for establishing a caring school climate and safe environment. School administrators must ensure that the Positive Behavior and Support Plan will be taught, enforced, advocated, communicated and modeled to the entire school community, and that school practices are consistent with the tenets of this policy.

The Principal is responsible for issuing an electronic or written invitation to all stakeholders (including parents, teachers, administrators, and students) to participate in a school-wide discipline leadership team, under the direction of the Principal. The Principal will ensure:
• The development and implementation of a school-wide positive behavior support and discipline plan.
• The inclusion of the Positive Behavior Plan in school communications with parents/caregivers, faculty and staff.
• A method for recording, collecting and analyzing behavior/discipline information in order to monitor and evaluate data for ongoing decision making from the individual student through the school wide student population.
• Providing training and support for staff and parents/caregivers in maintaining an environment conducive to learning.
• The implementation of the school's approved violence prevention curriculum.
• The consistent application of reasonable alternatives to suspension, expulsion, and opportunity transfers that includes the use of equitable consequences that are consistent with law and school policy.
• The use of multi-disciplinary teams to evaluate and recommend solutions to behavior problems.
• Collaboration and partnerships with after-school programs and outside agencies, when appropriate.
• Assembling a collaborative team with appropriate staff and the parent/caregiver(s) to address the escalated behaviors for a student who engages in ongoing misconduct, despite appropriate interventions, and design and implement an effective individualized behavior support plan that may include, but is not limited to:
a. Intensive behavioral supports and strategies
b. Adapted curriculum and instruction.
c. Communication strategies

School Support Personnel Responsibilities
School support personnel are responsible for teaching, enforcing, advocating and modeling the Positive Behavior Support Plan. School support personnel are responsible for monitoring, reinforcing and acknowledging appropriate behaviors consistent with the Positive Behavior Plan. Additionally, school support staff will assist students in accessing appropriate resources, directly matching student needs to available resources. When student behavior disrupts the learning or working environment, the appropriate support personnel will work collaboratively with teachers and other personnel to develop and implement plans for more intensive instruction and support.

School Staff Responsibilities
Members of the school staff have a particularly important role in fostering a positive school climate. School staff is responsible for teaching, enforcing, advocating and modeling the Positive Behavior Plan to maintain a safe and nurturing school climate. Each individual shall monitor, reinforce and acknowledge appropriate behaviors consistent with the school rules, and provide positive corrective feedback for any misconduct. School staff engaged in supervisory responsibilities should be particularly aware of the important role they have in maintaining and supporting appropriate student behavior. This includes knowledge of behavior support plans for students with disabilities.

B. Staff Development and Training
The school administration shall provide on-going staff development for all staff and school volunteers regarding:
1. Effective instructional practices for teaching and reinforcing behavior expectations
2. Effective intervention strategies
3. Effective strategies for evaluation of the efficiency and effectiveness of interventions

C. Evaluation
1. Staff shall be evaluated on their successful implementation of the school-wide discipline policies and plans during informal classroom observations as well as during formal employment evaluations. Immediate feedback shall be provided by administration as appropriate.
2. The administration and staff shall work together to evaluate the school-wide discipline policy and make recommendations for changes to the Board of Trustees. This shall happen at least yearly but more frequently if necessary.

Return to top

Violations

Violations of the school-wide behavior expectations are categorized into three divisions: minor infractions, prohibited conduct/safe school violations, and habitually disruptive behavior.

A. Minor Infractions
First and second offenses involving minor infractions are typically handled by the classroom teacher or another adult in the immediate area. Chronic minor infractions can become major infractions resulting in referral to the school administration.

Typical minor infractions include but are not limited to:

Dress code violations
Talking back
Defiance (including willful, open or continued disobedience, or inappropriate language towards a school employee or volunteer)
Inappropriate language such as the use of profanity, vulgarity, insults or obscenities
Tardiness
Horseplay
Minor bus misconduct including being out of seat of having body parts hanging out of bus window
Public displays of affection
Abuse of bathroom passes
Disruptive talking
Hitting
Running in the hall
Refusal to participate
Online gaming in class

Standard disciplinary actions for minor infractions include but are not limited to:
Ignoring a non-habitual behavior
Verbal warning
Written warning
Use of classroom management techniques such as cue words or "Precision Commands"
In-class "Thinking Time"
Student contracts
Phone call home
Email to parents
Suspension of bus privileges
Confiscation of computer

B. Prohibited Conduct Including Safe School Violations
Prohibited conduct is forbidden at school, on school property, including school vehicles, and at any school activity. A serious violation that threatens or harms a school, school property, a person connected with school, or property associated with a person connected with school is forbidden regardless of where it occurs.

1. Category A Violations
A student will be immediately suspended from school for a serious violation involving, but not limited to, the following:
a. A real weapon, or
b. Explosive or flammable material, or
c. Actual or threatened use of a look-a- like weapon with intent to intimidate.

2. Category B Violations
A student will be suspended from school for a violation involving, but not limited to, the following:
a. Bullying, hazing, threats to kill or harm, intimidation, assault, discrimination, harassment, etc.
b. Possession of drugs, alcohol, tobacco and other controlled substances or look-a-like and imitation controlled substances and/or drug paraphernalia
c. Physical aggression, including fighting and or throwing objects at another person
d. Fighting
e. Any criminal action occurring at school such as vandalism, fire setting, forgery and theft
f. Inappropriate exposure of body parts

3. Category C Violations
A student MAY be suspended from school for a single violation or repeated violations involving, but not limited to, the following:
a. Gang activity
b. Failure to adhere to the terms of the acceptable computer use agreement
c. Defying authority
d. Disruptive behavior
e. Foul, profane, vulgar, or abusive language
f. Defacing or destroying school property
g. Truancy
h. Theft
i. Repeated violations or habitually disruptive behavior

4. Other Considerations
• The type and length of discipline is based on factors such as previous violations, severity of conduct, and other relevant educational concerns.
• School personnel may use reasonable physical restraint, if necessary, to protect a person or property from physical injury or damage or to remove a violent or disruptive student.
• If damage or loss of school property occurs, official report cards and transcripts may be withheld until payment for the damage is received or the lost property is recovered.
• School personnel may search students, lockers and personal property based on reasonable suspicion.
• School personnel may also conduct random searches that might include all lockers and other school property.

C. Habitually Disruptive Behavior
Administrative personnel shall be authorized to issue notices of habitually disruptive behavior and establish appropriate consequences. These personnel shall provide documentation of habitually disruptive student behavior.

Return to top

Due Process

A. Suspension and Expulsion
Suspension is disciplinary removal from school with an offer of educational services. Expulsion is a disciplinary removal from school by the Board of Trustees for more than 10 school days without an offer of alternative educational service.

Note: When making decisions on behavioral interventions for students receiving special education services, the IEP team shall refer to the USOE Special Education Least Restrictive Behavior Interventions (LRBI) Guidelines for information on research-based intervention procedures.

When a student fails to follow the school rules of behavior, a teacher may determine appropriate disciplinary action. Such disciplinary action may include a student behavior contract, a parent-teacher conference, or a behavior conference with the Site Director. A teacher may refer any student to the Site Director for a behavior conference. The teacher shall immediately report to the Site Director of the school and take the student to the Site Director for appropriate action. The Site Director shall immediately conference with the student. The Site Director shall explain to the student any reasons for the suspension. The students shall have the opportunity to tell his/her side of the story. The Site Director shall document the student conference.

In an emergency situation which constitutes a clear and present danger to students or school personnel, suspension may be imposed without affording the student the opportunity of a conference. When such an emergency situation occurs that requires the immediate use of moderately or highly intrusive interventions to protect the student or others from harm, school staff shall complete and submit an emergency behavior information form and shall notify the student’s parents within 24 hours.

If the Site Director suspends the student, a parent or emergency contact shall be notified immediately. If a student is suspended before the end of the school day, the student shall only be released to a parent or emergency contact. The Site Director shall immediately notify the parent or guardian that the student has been suspended, the grounds for suspension, and the period of time for which the student is suspended.

The Site Director shall ask the parent or guardian of the student to attend a parent/teacher conference regarding the suspension. This meeting shall be scheduled to occur as soon as is practicable, but in all cases prior to the end of the tenth day of the suspension. The Site Director or other authorized school administrator must attend the conference. The student shall not be returned to the class from which he was suspended, during the period of suspension, without the concurrence of the teacher of the class and the Site Director. During the time of suspension from the class, a place shall be provided by the administration for the student to report, until the situation is resolved. Students shall be allowed to complete make-up work or substitute assignments for those missed while the student is suspended.

The Site Director may suspend a student for up to ten consecutive school days. The length of time that a student is suspended shall be related to the seriousness of the offense.

If a student is suspended for more than 10 school days or is subject to expulsion, the Site Director shall give notice to the student and parents, in writing, the reasons for suspension or expulsion. The Site Director shall also notify the parents, in writing, of the opportunity to request a hearing. If a parent requests a hearing, such a hearing shall be conducted in accordance with the following State recommended procedures:

• The parent shall have and receive notice of:
1. Names of witnesses against him and opportunity to present witnesses (witnesses’ names may be protected if school determines they would suffer physical/psychological harm; student cannot compel witnesses);
2. Reasonable time to prepare the case;
3. The opportunity for counsel, if school district/local board uses an attorney;
4. The right to notice of procedures for the hearing in writing, in student handbook or on district website;
5. The right to have the hearing recorded;
6. A fair hearing officer (credible and objective person or panel – not necessarily uninformed).
• The decision must not be based solely on hearsay; rules of evidence do not control.
• The student has no official protection against self-incrimination; though if criminal charges are also pending, this may require consultation with local law enforcement.
• A decision must be made only on evidence presented at the hearing.
• Student/parent has the right to written findings.
• Decision is by a preponderance (>50%) of the evidence.
• Student should have at least one level of appeal.
• Student/parents must “exhaust administrative remedies” and participate and cooperate in one of these processes, prior to appealing a decision to District Court.

B. Readmission and Admission
If a student is suspended or expelled from school for safe school violations, readmission depends upon satisfactory evidence that the student will not be a danger to self, others, or school property.

If a student is suspended or expelled from school for any reason other than a safe school violation, the student may be readmitted after the parent/guardian meets with school officials to make a plan to correct the behavior(s) and after the student completes both the days of suspension and any additional conditions imposed.

Quail Run may deny admission to a student who has been expelled from any school in the preceding twelve months.

C. Students with Disabilities
If the pupil qualifies as a disabled student under IDEA, or if the student is currently being evaluated for special education services, suspension must follow all applicable state and federal laws regarding students with disabilities. The special education team (including parents, School Director, classroom teachers, and special education teachers) must ensure that any disciplinary or suspension procedures are aligned with the student’s IEP and are carefully documented.

QRPS follows Utah Special Education Rules regarding discipline procedures for students with disabilities which states:

AUTHORITY OF SCHOOL PERSONNEL
1. School personnel may consider any unique circumstances on a case-by case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a student with a disability who violates a code of student conduct.

2. School personnel may remove a student with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than ten (10) consecutive school days (to the extent those alternatives are applied to students without disabilities), and for additional removals of not more than ten (10) consecutive school days in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.

3. After a student with a disability has been removed from his or her current placement for ten (10) school days in the same school year, during any subsequent days of removal the LEA must provide services to the extent required.

4. For disciplinary changes in placement that would exceed ten (10) consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the student’s disability, school personnel may apply the relevant disciplinary procedures to students with disabilities in the same manner and for the same duration as the procedures would be applied to students without disabilities, except after the 10th day of removal that constitutes a change in placement, the LEA must provide services to the student.

SERVICES

1. A student with a disability who is removed from the student’s current placement must:

a. Continue to receive educational services, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP; and

b. Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.

2. The services may be provided in an interim alternative educational setting.

3. An LEA is only required to provide services during periods of removal to a student with a disability who has been removed from his or her current placement for ten (10) school days or less in that school year, if it provides services to a student without disabilities who is similarly removed.

4. After a student with a disability has been removed from his or her current placement for ten (10) school days in the same school year, if the current removal is for not more than ten (10) consecutive school days and is not a change of placement, school personnel, in consultation with at least one of the student’s teachers, determine the extent to which services are needed, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP.

5. If the removal is a change of placement, the student’s IEP team determines appropriate services to be provided during the removal.

CHANGE OF PLACEMENT DUE TO DISCIPLINARY REMOVALS

1. For purposes of removals of a student with a disability from the student’s current educational placement, a change of placement occurs if:

a. The removal is for more than ten (10) consecutive school days; or

b. The student has been subjected to a series of removals that constitute a pattern:

(1) Because the series of removals total more than ten (10) school days in a school year;

(2) Because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals; and

(3) Because of such additional factors as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another.

2. The LEA determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings.

MANIFESTATION DETERMINATION

1. Within ten (10) school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the student’s IEP team (as determined by the parent and the LEA) must review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents to determine:

a. If the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability; or

b. If the conduct in question was the direct result of the LEA’s failure to implement the IEP.

2. The conduct must be determined to be a manifestation of the student’s disability if the LEA, the parent, and relevant members of the student’s IEP team determine that the misconduct was caused by or had a direct and substantial relationship to the student’s disability, or was the direct result of the LEA’s failure to implement the IEP.

3. If the LEA, the parent, and relevant members of the student’s IEP team determine that the misconduct was the direct result of the LEA’s failure to implement the IEP, the LEA must take immediate steps to remedy those deficiencies.

4. If the LEA, the parent, and relevant members of the IEP team make the determination that the conduct was a manifestation of the student’s disability, the IEP team must:

a. Either:

(1) Conduct a functional behavioral assessment (FUBA), unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan (BIP) for the student; or

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

b. Unless the misconduct falls under the definition of special circumstances in V.E.5, return the student to the placement from which the student was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.

5. Special circumstances. School personnel may remove a student to an interim alternative educational setting for not more than forty-five (45) school days without regard to whether the behavior is determined to be a manifestation of the student’s disability, if the student:

a. Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an LEA;

b. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an LEA, or

c. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an LEA.

d. Definitions. For purposes of this section, the following definitions apply:

(1) Controlled substance means a drug or other substance that cannot be distributed without a prescription, identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled

Substances Act (21 USC 812(c)).

(2) Illegal drug means a controlled substance but does not include a drug controlled, possessed, or used under the supervision of a licensed health-care professional or one legally possessed or used under the Controlled Substances Act or under any other provision of Federal law (21 USC 812).

3) Serious bodily injury means bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty  (18 USC 1365). Serious bodily injury does not include a cut, abrasion, bruise, burn, disfigurement, physical pain, illness, or impairment of the function of a bodily member, organ or mental faculty that is temporary (20 USC 1365).

(4) 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 2-1/2 inches (18 USC 930).

PROCEDURAL SAFEGUARDS NOTICE

On the date on which the decision is made to make a removal that constitutes a change of placement of a student with a disability because of a violation of a code of student conduct, the LEA must notify the parents of that decision, and provide the parents the procedural safeguards notice.

DETERMINATION OF SETTING

The student’s IEP team determines the interim alternative educational setting for services if the behavior that gives rise to the removal is not a manifestation of the student’s disability, the removal constitutes a change of placement, or the behavior falls under the special circumstances in V.E.

APPEALS BY PARENT OR LEA

1. The parent of a student with a disability who disagrees with any decision regarding placement, or the manifestation determination, or an LEA that believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others, may appeal the decision by requesting a hearing. The hearing is requested by filing a due process hearing complaint.

2. Authority of hearing officer.

a. A due process hearing officer hears, and makes a determination regarding an appeal.

b. In making the determination, the hearing officer may:

(1) Return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of the discipline procedures under Part B of the IDEA or these Rules or that the student’s behavior was a manifestation of the student’s disability; or

(2) Order a change of placement of the student with a disability to an appropriate interim alternative educational setting for not more than forty-five (45) school days if the hearing officer determines that maintaining the current placement of the student is substantially likely to result in injury to the student

or to others.

c. The appeal procedures may be repeated if the LEA believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.

3. Expedited due process hearing.

a. Whenever a hearing is requested, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing.

b. The LEA is responsible for arranging the expedited due process hearing with the USOE, which must occur within twenty (20) school days of the date the complaint requesting the hearing is filed. The hearing officer must make a determination within ten (10) school days after the hearing.

c. Unless the parents and LEA agree in writing to waive the resolution meeting, or agree to use mediation:

(1) A resolution meeting must occur within seven (7) calendar days of receiving notice of the due process complaint; and

(2) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within fifteen (15) calendar days of the receipt of the due process complaint.

d. The decisions on expedited due process hearings are appealable.

PLACEMENT DURING APPEALS.
When an appeal has been made by either the parent or the LEA, the student must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period specified, whichever occurs first, unless the parent and the SEA or LEA agree otherwise.

PROTECTIONS FOR STUDENTS NOT DETERMINED ELIGIBLE FOR SPECIAL EDUCATION AND RELATED SERVICES

1. A student who has not been determined to be eligible for special education and related services under Part B of the IDEA, and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in this part if the LEA had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

2. An LEA must be deemed to have knowledge that a student is a student with a disability if, before the behavior that precipitated the disciplinary action occurred:

a. The parent of the student expressed concern in writing to supervisory or administrative personnel of the appropriate LEA, or a teacher of the student, that the student is in need of special education and related services;

b. The parent of the student requested an evaluation of the student; or

c. The teacher of the student, or other personnel of the LEA, expressed specific concerns about a pattern of behavior demonstrated by the student directly to the director of special education of the LEA or to other supervisory personnel of the LEA.

3. An LEA would not be deemed to have knowledge that a student is a student with a disability if:

a. The parent of the student:

(1) Has not allowed an evaluation of the student; or

(2) Has refused services under this part; or

b. The student has been evaluated in accordance with and determined to not be a student with a disability under Part B of the IDEA.

4. If an LEA does not have knowledge that a student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the disciplinary measures applied to students without disabilities who engage in comparable behaviors.

a. If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner.

(1) Until the evaluation is completed, the student remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.

(2) If the student is determined to be a student with a disability, taking into consideration information from the evaluation conducted by the LEA and information provided by the parents, the LEA must provide special education and related services.

REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES

1. Nothing in Part B of the IDEA prohibits an LEA from reporting a crime committed by a student with a disability to appropriate authorities or prevents State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a student with a disability.

2. Transmittal of records.

a. An LEA reporting a crime committed by a student with a disability must ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom the LEA reports the crime.

b. An LEA reporting a crime under this section may transmit copies of the student’s special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.

Return to top