BOARD ADMINISTRATIVE
RULE
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| Suspension/Expulsion of Disabled Students | JKDD | 11/14/07 |
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The Cobb County School District (District) is dedicated to sound discipline practices in order to provide students in the District an effective and safe learning environment, to promote learning, and to encourage maturity during the school day as well as during all school-related activities. Students with disabilities will be disciplined in accordance with Georgia and Federal law.
RULE:
Students with disabilities shall be suspended or expelled as outlined below and in Public Law 108-446: The Individuals with Disabilities Education Improvement Act (IDEA 2004):
A. The Principal or designee shall notify the Office for Special Student Services immediately when a student with disabilities violates District Administrative Rules governing student conduct and will be recommended for out-of-school short-term or long-term suspension or expulsion that will cause the student to exceed a total of ten (10) days suspensions in any given school year. 1. Within twenty-four (24) hours of the recommendation for any suspension/expulsion that will exceed ten (10) total school days in any given school year, the principal or designee shall attempt to notify the parent/guardian and student of the proposed action, alleged charges and the scheduled IEP/Manifestation Determination committee meeting to consider the case (specifying the purpose, participants, time and place of the meeting). The parent/guardian shall be notified that the IEP/Manifestation Determination Committee (Committee) may change the student's IEP. The parent/guardian shall be requested to attend the review and shall be given a copy of Parental Rights Regarding Special Education. 2. The Committee chairperson shall document parent/guardian attendance at the review or document attempts to involve the parent/guardian in the review. 3. Emergency Exclusion: If a student with disabilities commits an act which is considered dangerous to himself or others, the Assistant Superintendent for Special Student Services, or designee, may approve an emergency exclusion for the student until the Committee is able to convene in order to consider appropriate placement.
B. IEP/Manifestation Determination: 1. The Office for Special Student Services will arrange and conduct an IEP/Manifestation Determination committee meeting within 10 days school days after the date of the notice. 2. Series of Short-term Suspensions: For a series of short-term suspensions that will exceed a total of ten (10) school days, the Committee will make a determination of whether the series of suspensions create a pattern of exclusions that constitutes a significant change in placement. a. A series of suspensions create a pattern: (1) Because the series of removals total more than 10 schools days in a school year; (2) Because the child’s behavior is substantially similar to the child’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 child has been removed, and the proximity of the removals to one another. b. If the Committee determines that the series of suspensions do not create a pattern of exclusions that constitute a significant change in placement, the student will serve the recommended suspension. 3. Long-term Suspension: For long-term suspension, expulsion or a series of short-term suspensions that have been determined by the Committee to be a significant change in placement: a. The Committee will review the case to determine whether the misconduct was or was not a manifestation of the disability for which the student is receiving special education services. b. The Committee shall review the student's present IEP and case history prior to making this determination. This should include, but is not limited to, all relevant information in the student’s file, teacher observations, and all relevant parent information. c. The Committee shall determine: (1) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or (2) If the conduct in question was the direct result of the District’s failure to implement the IEP. d. If the Committee determines that the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability; or the conduct in question was the direct result of the District’s failure to implement the IEP, the Committee must either: (1) Conduct a functional behavioral assessment, unless the District has conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan 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, return the student to the placement from which the student was removed, unless the parent/guardian and the District agree to a change of placement as part of the modification of the behavioral intervention plan. e. If the Committee determines that the student's behavior was not a manifestation of the disability, the committee should document its findings and make changes in the IEP if needed. If expulsion or long-term suspension is recommended as a disciplinary action, the committee must also recommend appropriate educational and/or related services to be provided while the student is expelled/suspended. The due process procedures in Administrative Rule JKDB (Student Conduct: Disciplinary Hearings: Long-Term Suspension/Expulsion) will be followed for all recommended long-term suspensions or expulsions. f. If the District, the parent/guardian and the relevant members of the student’s Committee determines the conduct in question was a direct result of the failure of the District to implement the IEP, the District must take immediate steps to remedy those deficiencies. g. The Committee shall document the committee findings and recommendations.
C. WEAPONS/DRUGS/BODILY INJURY: Students who possess a weapon, possess or use illegal drugs, or sell or solicit the sale of a controlled substance, or inflict serious bodily injury on another while at school or a school function, either on or off the school’s campus (Administrative Rule JICDA-E, JICDA-M or JICDA-H), may be subject to a change in placement to an appropriate interim alternative educational setting for the same amount of time as a student without a disability would be subject to discipline, but not for more than forty-five (45) school days. The alternative placement must enable the student to participate in the general curriculum, progress toward meeting IEP goals, and receive any services and modifications stipulated in his/her IEP. In addition, the placement must include services/modifications to address the behavior that led to the student’s placement change, and will prevent the behavior from reoccurring. 1. A weapon is defined as any device, instrument, material, or substance, animate or inanimate, that can cause death or serious bodily injury and includes a pocket knife with a blade of 2-1/2 inches or more. 2. Serious bodily injury is defined as a bodily injury which 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.
D. 45-DAY REMOVAL: Students who present other dangers to themselves or others may be removed to an interim alternative educational setting for up to forty-five (45) school days, but only by decision of an administrative law judge or state or federal court. A decision to request the hearing shall be made by the Special Student Services Division.
E. SUSPENSION LETTERS: expulsions of students with disabilities must be sent to the Special Education Office.
Adopted: 8/26/82 |