C. Transfer of IDEA students for Certain Offenses:
School personnel may transfer an IDEA student to an appropriate interim alternative
educational setting for not more than forty-five (45) calendar days if the student:
1. Was in possession of a dangerous weapon, as defined in 18 U.S.C. 930(g)(2), as amended from
time to time, on school grounds or at a school-sponsored activity, or
2. Knowingly possessed or used illegal drugs or sold or solicited the sale of a controlled substance
while at school or at a school-sponsored activity; or
As used in this subsection XIIC., the term "dangerous weapon" means 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 2.5 inches in
length.
XIII.
Procedures Governing Suspension and Expulsion of Students Identified as Eligible for
Educational Accommodations under Section 504 of the Rehabilitation Act of 1973
A. Expulsion of students identified as eligible for educational accommodations under
Section 504 of the Rehabilitation Act of 1973
Notwithstanding any provision to the contrary, if the Administration recommends for
expulsion a student identified as eligible for educational accommodations under Section
504 of the Rehabilitation Act of 1973 (a “Section 504 Student”) who has engaged in
conduct that violated any rule or code of conduct of the school district that applies to all
students, the following procedures shall apply:
1. The parents of the student must be notified of the decision to recommend
the student for expulsion.
2. The district shall immediately convene the student's Section 504 team
(504 team), for the purpose of reviewing the relationship between the
student's disability and the behavior that led to the recommendation for
expulsion, in order to determine whether the student's behavior was a
manifestation of his/her disability.
3. If the 504 team finds that the behavior was a manifestation of the
student's disability, the Administration shall not proceed with the
recommendation for expulsion. The 504 team shall consider the
student's misconduct and revise the 504 plan to prevent a recurrence of
the misconduct and to provide for the safety of other students and staff.
4. If the 504 team finds that the behavior was not a manifestation of the
student's disability, the Administration may proceed with the
recommendation for expulsion.
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