of the special education procedural safeguards must either be hand-delivered or sent by mail to the
parents on the date that the decision to suspend was made.
2. During the period of suspension, the school district is not required to provide any educational
services to the IDEA student beyond that which is provided to all students suspended by the school
district.
B. Expulsion and Suspensions that Constitute Changes in Placement for IDEA students:
Notwithstanding any provision to the contrary, if the Administration recommends for
expulsion an IDEA student who has engaged in conduct that violated any rule or code of
conduct of the school district that applies to all students, the procedures described in this
section shall apply. The procedures described in this section shall also apply for students
whom the Administration has suspended in a manner that is considered under the IDEA,
as it may be amended from time to time, to be a change in placement:
1. The parents of the student must be notified of the decision to suspend on the date on which the
decision to suspend was made, and a copy of the special education procedural safeguards must either
be hand-delivered or sent by mail to the parents on the date that the decision to suspend was made.
2. The school district shall immediately convene the IEP team, but in no case later than ten (10)
school days after the recommendation for expulsion or the suspension which constitutes a change in
placement was made. The student’s IEP team shall consider the relationship between the student's
disability and the behavior that led to the recommendation for expulsion or the suspension which
constitutes a change in placement, in order to determine whether the student's behavior was a
manifestation of his/her disability.
3. If the IEP team finds that the behavior was a manifestation of the
student's disability, the Administration shall not proceed with the
recommendation for expulsion. The IEP team shall consider the
student's misconduct and revise the IEP to prevent a recurrence of the
misconduct and to provide for the safety of other students and staff.
4. If the IEP team finds that the behavior was not a manifestation of the
student's disability, the Administration may proceed with the
recommended expulsion or suspension that constitutes a change in
placement.
5. During any period of expulsion, or suspension of greater than ten (10)
days per school year, the Administration shall provide the student with
an alternative education program in accordance with the provisions of the
IDEA.
6. The special education records and disciplinary records of the student
must be transmitted to the individual(s) who will make the final
determination regarding a recommendation for expulsion or a suspension
that results in a change in placement.
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