IDEA Student: Violates Code of Conduct IDEA 2004 and AAC 290-8-9-.09(1)

1. Discipline Chart 1 IDEA Student: Violates Code of ConductIDEA 2004 and AAC 290-8-9-.09(1) Removal is Not a Change of Placement No later than the date the decision was made to take action, provide parents notice of disciplinary action. School personnel may remove a student to an interim alternative educational setting, another setting, or suspension for not more than 10 consecutive school days (to the extent such alternatives are applied to students without disabilities). The school system is not required to provide educational services for the first 10 school days in a school year that a student with disabilities is removed, unless it provides services to a student without disabilities, similarly removed. School personnel have the authority to additionally remove a student with disabilities for not more than ten 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). After the student has been removed for 10 school days in a school year, for any subsequent removals, if the current removal is not more than 10 consecutive 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: (1) So the student can continue to participate in the general education curriculum, although in another setting, and (2) So that the student can progress toward the IEP goals. (3) As appropriate, the student should receive a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation so it does not recur. Discipline-1 Effective 7/19/2007

2. Discipline Chart 2 IDEA Student: Violates Code of ConductIDEA 2004 and AAC 290-8-9-.09(2) Definition: Change of Placement A removal for more than ten (10) consecutive school days, including partial school days of a half day or more is a change of placement. A series of removals that constitute a pattern because the series of removals total more than ten (10) school days in a school year, because the child’s behavior is substantially similar to the behavior in previous incidents of misconduct that resulted in removals, and because of such additional factors as: (1) The length of each removal, (2) The total amount of time the child has been removed, and (3) The proximity of the removals to one another. The public agency ( a minimum of an administrator and the student’s special education teacher) determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. The determination of whether a removal is not a change of placement, any decision regarding disciplinary placement, or manifestation determination is subject to review through due process and judicial proceedings. When an LEA believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others, the LEA may request an expedited due process hearing or obtain a temporary restraining order (TRO). Discipline-2 Effective 7/19/2007

3. Removal is a Change of Placement (Applies to any removals of more than 10 consecutive school days or when there is a pattern of removals that constitute a change of placement.) Discipline Chart 3 IDEA Student: Violates Code of ConductIDEA 2004 and AAC 290-8-9-.09(2) No later than the date the decision was made to take action, provide parents notice of disciplinary action and a copy of Special Education Rights. School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change of placement for a student who violates a Code of Conduct. The LEA, the parent, and relevant members of the IEP Team (as determined by the parent and LEA) must meet within 10 school days of a decision to change the placement to review all relevant information in the student’s file to determine: (1) If the conduct was caused by or had a direct and substantial relationship to the student’s disability; or (2) If the conduct was the direct result of the LEA’s failure to implement the IEP. (The LEA must remedy those deficiencies.) If either(1) or (2) is true, the conduct is a manifestation of the disability. • If the behavior IS a manifestation of the disability, the IEP Team shall: • Conduct a functional behavioral assessment (unless one was conducted in the previous 18 months prior to the behavior resulting in this change of placement) and implement a behavioral intervention plan. • If a behavioral intervention plan has been developed, it shall be reviewed and modified as necessary to address the behavior. • If the IEP Team decides that the behavior is a manifestation, the student is returned to the placement from which the student was removed [if 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, or the student is removed due to a violation regarding Special Circumstances: weapons, drugs or inflicting serious bodily injury. (See Discipline Chart 4.) If the behavior IS NOT a manifestation of the student’s disability, relevant disciplinary procedures for students without disabilities may be applied in the same manner and for the same duration, except that the student shall continue to receive educational services to enable the student to participate in the general curriculum, though in another setting, and to progress toward meeting the goals in the IEP. (The IEP Team determines appropriate services and the interim alternative educational setting for the student.) The student must receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so that it doesnot recur. Discipline-3 Effective 7/19/2007

4. Discipline Chart 4 IDEA Student: Violates Code of ConductIDEA 2004 Special Circumstances Due to a Weapon, Illegal Drugs, or Serious Bodily Injury School personnel may report crime(s) to law enforcement authorities. If an LEA reports a crime committed by a student with a disability, copies of the special education and disciplinary records must be transmitted for consideration by the authorities to whom the LEA reported the crime to the extent permitted by FERPA. School personnel may obtain a temporary restraining order (TRO). Whenever law enforcement or judicial authorities are contacted by public agency personnel reporting an alleged crime committed by the student, the IEP Team must within two weeks of the student’s return to a school setting: (1) Conduct a functional behavioral assessment, unless the LEA has conducted one during the previous 18 months prior to the behavior that resulted in the change of placement, and implement a behavior intervention plan for the student. (2) If a behavioral intervention plan was developed, review the plan and modify it, as necessary, to address the behavior. School personnel may remove a student to an interim alternative educational setting (IAES) for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the disability. The IEP Team shall determine the IAES and appropriate educational services. Refer to Discipline Chart 3 (with directions to follow if the behavior is a manifestation or if the behavior is not a manifestation). On (school) Day 46, the student returns to the school environment he/she was removed from, unless the IEP Team determines another least restrictive environment is appropriate. A parent who disagrees with any decision regarding placement or the manifestation determination, or if the LEA believes that maintaining the current placement of the student is substantially likely to result in injury to the student or to others may request a DPH. “Stay put” is the IAES pending the hearing officer’s decision or the expiration of the time period, whichever occurs first, unless the parent and LEA agree otherwise. Discipline-4 Effective 7/19/2007

5. Protections for Student Not Yet Eligible for IDEA Discipline Chart 5 IDEA Student: Violates Code of ConductIDEA 2004 No later than the date the decision was made to take action, provide parents notice of disciplinary action. A student may assert any of the IDEA protections if the LEA had knowledge that the student is disabled prior to the behavior precipitating disciplinary action. • An LEA shall not be deemed to have knowledge that the student is disabled: • If the parent has not allowed an evaluation to determine eligibility. • Or, if the parent has refused IDEA services. • 3. Or, if the student was determined not to be eligible under IDEA. • An LEA shall be deemed to have knowledge that a student is disabled if prior to the behavior precipitating the disciplinary action: • 1. The parent has expressed concern in writing to the supervisory or administrative personnel, or the teacher of the student that the student is in need of special education and related services. • The parent has requested an evaluation of the student to determine eligibility. [Neither IDEA 2004, nor the federal regulations specify this must be in writing.] • 3. The teacher of the student or other personnel of the LEA have expressed specific concerns about a pattern of behavior demonstrated by the student to the director of special educationor other supervisory personnel. [Neither IDEA 2004, nor the federal regulations specify this must be in writing.] If the LEA does not have knowledge that a student is a student with a disability, disciplinary measures may be applied as for students without disabilities who engaged in comparable behaviors. If a request is made for an evaluation of a student during the time period when the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner. Pending the results of the evaluation, the student shall remain in the educational placement determined by school authorities. If the student is determined to be a student with disabilities, considering the evaluation conducted by the LEA and information provided by the parents, the LEA shall provide special education and related services including the disciplinary provisions of IDEA’04. Discipline-5 Effective 7/19/2007

6. Discipline Chart 6 IDEA Student: Violates Code of ConductIDEA 2004 Definitions: Special Circumstances Controlled Substance has the meaning of a drug or other substance identified under schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act [21 U.S.C. 812 (c)]. Illegal Drug has the meaning of a controlled substance but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional of that is legally possessed or used under any other authority under that Act or under any other provision of Federal law. Weapon has the meaning given the term ‘dangerous weapon’ under section 930(g)(2) of title 18, U.S.C. This includes 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 ½ inches in length. Serious Bodily Injury has the meaning of the term under paragraph (3) of subsection (h) of section 1365 of title 18, U.S.C. This requires a showing of substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of function of a bodily member, organ or mental faculty. Discipline-6 Effective 7/19//2007