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.
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.
Revised 9 / 8 / 2025