Discipline of Students Who Are Eligible for Special Education or 504 Accommodations

1. Discipline of Students Who Are Eligible for Special Education or 504 Accommodations DoDEA Office of the General Counsel This Newsletter is written for information for DoDEA employees and may not be distributed outside of DoDEA without the express permission of the DoDEA Office of General Counsel. It does not create any rights or remedies and may not be relied upon by any person, organization, or other entity to allege a denial of any such rights or remedies.

2. Students Eligible for Special Education • For proposed discipline that will not result in a change of placement, use the regular disciplinary process outlined in Enclosure 4 of DoDEA Regulation 2051.1

3. Students Eligible for Special Education • What constitutes a “change of placement”? • Removal from current placement for more than 10 consecutive school days, or • Removal from current placement for more than 10 cumulative days if the student has been subjected to a series of removals that constitute a pattern.

4. Students Eligible for Special Education • The child has been subjected to a series of removals that constitute a pattern – • because the series of removals total more than 10 school days in a school year; • because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in a series of removals; and • 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.

5. Students Eligible for Special Education • To constitute a “pattern,” all three subfactors must be present. For example: • The series of removals total more than 10 school days; • The student’s behavior in those removals was substantially similar; and • After analyzing the length of each removal, the total amount of time and the proximity of the removals to one another, the conclusion is that there is a change of placement.

6. Students Eligible for Special Education • In-School Suspension not considered as a day of removal where: • The student is afforded the opportunity to continue to appropriately progress in the general curriculum.  • The district continues to provide the services specified in the student's IEP.  • The student continues to participate with nondisabled students to the same extent as he does in his current placement.

7. Students Eligible for Special Education • Once the decision is made to make a removal that constitutes a change of placement, parents must be notified and provided procedural safeguards notice.

8. Students Eligible for Special Education • The child may be removed from school for up to 10 school days. • Before this period ends, the Case Study Committee must be convened to determine if the child’s conduct was a manifestation of his/her disability.

9. Students Eligible for Special Education • The CSC must determine if the student’s conduct was: • caused by, or had a direct and substantial relationship to, the student’s disability; or • was the direct result of the school’s failure to implement the student’s IEP.

10. Students Eligible for Special Education • If either subfactor was the cause of the student’s conduct, then the conduct was a manifestation of the child’s disability.

11. Students Eligible for Special Education • When conduct is a manifestation, the Principal must convene the CSC to: • Conduct a functional behavioral analysis; and • Implement a behavioral intervention (management) plan; • Revise student’s IEP, if necessary; • Return student to his/her placement (not later than the end of 10 school days of removal) unless school and parent agree otherwise.

12. Students Eligible for Special Education • If student’s conduct is found not to be a manifestation of his/her disability, then follow discipline procedures under the regular process described in Enclosure 5 (i.e., due process hearing before School Disciplinary Committee).

13. Students Eligible for Special Education • A student may be removed for up to 45 school days if he/she committed a weapons or drug offense or caused serious bodily injury.

14. Students Eligible for Special Education • If parent files a due process complaint to challenge student’s removal or manifestation determination, the student’s placement will be the alternate educational placement pending the decision, or the expiration of the authorized alternate placement (e.g., 45 school days), whichever occurs first, unless the school and parent agree otherwise.

15. Students Eligible for 504 Accommodations • Change of placement definition the same as that for children eligible for special education • Manifestation determination required before change of placement (Enclosure 9 of DoDEA Regulation 2051.1) • Same procedures with certain exceptions

16. Students Eligible for 504 Accommodations • Exceptions: • No 45-day rule • No applicability of special procedures where misconduct is the use or possession of illegal drugs or alcohol and the student currently is engaging in the use of illegal drugs or alcohol • Stay put applies if dispute resolution invoked • Dispute resolution is internal – no due process hearing