JKF-R - Disciplinary Removal of Students with Disabilities Administrative Procedure

 JKF-R - Disciplinary Removal of Students with Disabilities Administrative Procedure  

These procedures shall govern disciplinary removals of students with disabilities from their regular school program. These procedures shall be interpreted in a manner consistent with state and federal special education laws and regulations.

A. School administrators may suspend students with disabilities for up to 10 cumulative school days in the school year under the same terms and conditions as students without disabilities are suspended, subject to the limitations set forth below:

1. 1. In the event that a disabled student’s Individualized Education Plan (IEP) specifically lists a school response other than a suspension that must be followed for a particular type of misconduct, the school administrator shall follow the requirements of the IEP in responding to that misbehavior.

   2. When calculating the 10 cumulative school day total, school administrators shall include school days spent in an in-school suspension or removal, unless during that removal the student continued to have access to the general curriculum, to the special education services in his/hertheir IEP, and also continued to participate with non-disabled students to the extent he/shethey would have in the student’s regular program.

   3. Portions
   of

   B. a school day thatAfter a student haswith beena suspended would be included in determining whether the studentdisability has been removed for more than 10 cumulative school days.

B. In the event that a school administrator must remove a disabled student from his/hertheir schoolcurrent programplacement for more than 10 cumulative school days in the same school year, during any subsequent days of removal the school administrator shall ensure that the following steps are followed:

1. 1. After consultingconsult with at least one of the student’s specialteachers educationand teacher, the school administratorthen shall arrange for the student to receive an appropriatea level of educational services during the removal in question so assufficient to ensureenable that theto student is able to continue to progressparticipate in the general curriculumcurriculum, although in another setting, and appropriatelyto advanceprogress toward meeting the goals and objectives listed in the student’s IEPIEP.
      during

      C. thatWithin removal.

   10
   2. Theschool administratordays of any decision to “change the placement” of a student with a disability because of a violation of a code of student conduct, school officials shall contacthold an IEP team meeting to undertake the District’sfollowing:
      special
      education
      1. office

         The toTeam arrangeshall forreview aall meetingrelevant ofinformation in the student’s Pupilfile Evaluation Team (PET), which should meet within 10 business days of commencingincluding the removalIEP, inany excessteacher ofobservations, 10and cumulativerecent schoolevaluations.

         days in the school year.
      2. At the PET meeting referenced above, the PET shall undertake all the responsibilities established by state and federal special education laws, including reviewing or ordering as appropriate a functional behavior assessment and a behavior intervention plan.

         The Team mayshall alsothen undertake a manifestation determination to decide whether the student’s misconduct was a manifestation of their disability.

      3. If the Team determines that the misbehavior is a manifestation of the behaviorsdisability, ofthe concern,Team must either:

      a. Conduct a functional behavior assessment, unless one had been conducted before the behavior incident, and shall implement a behavior intervention plan for the child; or

      b. If a behavior plan has already been developed, review the plan and modify it as necessary to address the behavior.

      Except as provided in D. below, the Team must undertakealso that manifestation determination ifreturn the student hasto beenthe removedplacement withfrom sufficientwhich frequencythey were removed, unless the school and parent agree to constitute a “change of placement”placement as thatpart term is defined by state and federal law.

   3. Nothing in these procedures shall preventof the PETrevision fromof undertaking functionalthe behavior assessments,plan.
      manifestation
      determinations,
      4. or

         If the developmentTeam of behavior plans at earlier points in time, as determined appropriate by the PET.

   C. Should school officials believedetermines that the studentmisbehavior shouldis remainnot outa manifestation of his/herthe regulardisability, programschool personnel may apply the relevant disciplinary procedures in the same manner and for athe sufficientsame length of time soduration as the procedures would be applied to students without disabilities, except that services must be provided to the student during the disciplinary removal consistent with 5.(c.) below.

2. When a student with a disability has a disciplinary removal that would be a “change of placement” under state and federal law, school officials shall schedule a PET meeting to consider that removal. At that meeting,placement,” the following things must occur:

   1. 1. TheIEP Team shall revieworder orservices order,for the student that will enable the student to:

      a. Continue to participate in the general curriculum although in another setting;

      b. Progress toward meeting the goals in the IEP; and

      c. Receive, as appropriate, a functional behavior assessment and shall review or order, as appropriate, a behavior intervention planservices forand modifications that are designed to address the student.behavior Theviolation Team shall also undertake a manifestation determination of the behaviors prompting the need for the extended removal time.

   2. If the PET chooses to remove the student from his/her regular program for a period of timeso that would be a change of placement, the Team shall decide upon the appropriate services for the student to receive during that removal. Those services must be calculated to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.
   3. When such a removal is ordered by the PET, the family shall receive the special education statement of procedural rights as part of that decision. If possible, the chair of the PET meeting should also attempt to inform the student’s parent/guardian at the meeting that if he/sheit does not believerecur.
      the

       service   package6. orderedFor by the PET is appropriate, then the parent/guardian may request a due process hearing challenging the appropriatenesspurposes of thosethis services.

D. For the purpose of these procedures,section, a “change of placement” shalloccurs beif:

any

a. The removal from the student’s regular school program that is for more than 10 consecutive school daysdays; inor

b. The child has been subjected to a school year, or any series of removals that constitute a pattern becauseand:

they

i. cumulateBecause tothe series of removals totals more than 10 schoolcumulative days in athe school yearyear;

and

ii. areBecause consideredthe achild’s changebehavior is substantially similar to the behavior in previous incidents resulting in the series of placementremovals; becauseand

iii. Because of additional factors such as the length of each removal, the total amount of time the student is removedlength, and the proximity of the removals to oneeach another.other.

E. In any situation where the PET determines that misconduct is not a manifestation of the student’s disability, then the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner as they would be applied to students without disabilities, up to and including possible expulsion of the student in question.  During any permissible disciplinary removal in excess of 10 cumulative school days in the school year, including expulsions, the school shall provide that student with services sufficient to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.  The PET shall determine the services that meet that standard for removals sufficiently long as to constitute a change of placement.

F. Following any disciplinary removal in excess of 10 cumulative school days in the school year, the PET should meet to review the student’s most recent functional behavior assessment, or if one has not been done, to order that such an assessment occur, as appropriate. Following the completion and/or review of the functional behavior assessment, the Team shall develop and/or review, as necessary, the behavior intervention plan and order changes in such a plan, if appropriate, to address the behaviors of concern.

G.D. In those circumstances where a student brings a weapon to school, to a school function, or on school transportation,premises or(including transportation), where a student knowingly possesses, uses, sells or attempts to sell illegal drugs at school, a school function, or on school transportation,premises (including transportation); or when the student inflicts serious bodily injury upon another person while at school, a school function, or on school premises (including transportation), school officials may place that student outin ofan schoolalternative educational setting for up to 45 school days, shall provide educational services for the student,student consistent with 5.(c.) above, and shall schedule aan PETIEP meeting to occur within 10 businessschool days of thecommencing that removal. At that PETIEP meeting, the Team shall undertake all necessary actions discussed in these procedures for responding to removals that constitute a change of placement for the student. DeterminationsAny regardingfurther whatremovals shouldin happenresponse withto the student after the 45-day removalincident shall also be made by the PET, consistent with these procedures and state and federal lawspecial education rules.

 

Legal Reference:

Me. Dept. of Educ. Rule Ch. 101 § XVII (2017)

34 CFR § 300.121;101, .519-530-.529 (March 1999, as amended)536

Me. Spec. Ed. Reg. ch. 101 § 14 (Nov. 1999, as amended)

 

Policy Adopted: December 1, 2004

Policy Revised: July 15, 2026