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 .
Revised 8 / 23 / 2024