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FILE:  JGE-AP2
CRITICAL

 

DISCIPLINE OF STUDENTS WITH DISABILITIES

(Students Receiving Accommodations under Section 504 but Not Special Education Services)

 


The following procedure is intended to give guidance to district personnel when disciplining students with disabilities as defined by Section 504 of the Rehabilitation Act of 1973. However, this procedure is not intended to replace adequate training and the guidance of the district’s 504 coordinator. The district’s 504 coordinator or designee must be notified when a student with disabilities is suspended from school or school services. Current law will govern and may supercede this procedure.


Students with disabilities may also qualify for special education services. Special education students must be disciplined in accordance with state and federal law, as outlined in JGE-AP1.


Definition


Suspension -- Removal of a student receiving accommodations under Section 504 from the student’s current placement or to another educational setting that is not contemplated by a student’s 504 plan. In-school suspension is not a “suspension” under this procedure unless the student is not receiving the necessary accommodations while in that setting.


Suspension for Ten (10) School Days or Fewer

 

1.       The principal suspends the student for up to ten (10) school days in accordance with the discipline code, and the parents are notified.

 

2.       The student is not entitled to educational services during the suspension unless those services are offered to students without disabilities during a suspension.


Suspension for More than Ten (10) School Days

 

1.       The principal suspends the student for ten (10) school days in accordance with the discipline code, recommends a longer suspension to the superintendent and notifies the 504 coordinator and the parents.

 

2.       If the superintendent determines that a longer suspension is warranted, the superintendent notifies the 504 coordinator.

 

3.       A multidisciplinary team meets to determine whether the behavior is a manifestation of the student’s disability and forwards the results of that determination to the superintendent. This meeting will be held during the period of the ten-day suspension imposed by the principal.

 

If the multidisciplinary team determines that the behavior is a manifestation of the student's disability, the student will not be suspended beyond ten (10) school days and the team will consider whether additional accommodations are necessary.

 

4.       If the behavior that resulted in the suspension is not a manifestation of the student's disability, the superintendent will assign additional suspension time as he or she determines is appropriate and notify the parents of their rights to appeal to the Board. The student is not entitled to receive educational services during the suspension unless those services are offered to students without disabilities.


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Note:  The reader is encouraged to review policies and/or forms for related information in this administrative area.

 

Implemented: 08/16/2005


Dunklin R-5 School District, Herculaneum, Missouri

 

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© 2005, Missouri School Boards' Association, Registered in U.S. Copyright Office
For Office Use Only: JGE-AP2.1A (05/05)

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