1342.12 Companion

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1342.12 Companion
July 12, 2017 Page 112
Disciplinary Procedures
E4 S12 p 37-42
If the student’s behavior impedes his or her learning or the education of others, the CSC must consider
the use of positive behavioral interventions and supports to address the behavior. Students with
disabilities are entitled to the same disciplinary protections afforded to their peers without disabilities,
and additional protections are applied as discussed in this chapter.
Whether a Removal Constitutes a Change of Placement
Se at the end of Chapter 12.
The requirements for imposing disciplinary removal upon a student with a disability vary depending on
whether the removal constitutes a change of placement. It is a change of placement if a student is
removed from his or her current placement (services and LRE identified in the IEP) for:
1) more than 10 consecutive school days; or
2) more than 10 cumulative school days in that school year for separate instances of misconduct (a
series of removals) that constitute a pattern.
Short Term Removals
Current Disciplinary Removal for 10 or Less Consecutive School Days and the Total
Removals in the School Year are for 10 or Less Cumulative School Days
Students with disabilities can be removed from school for misconduct for up to 10
consecutive/cumulative schools days in a school year. This will not be considered a change of
placement. During this time, the school is only required to provide services comparable to the services
it provides to students without disabilities who are similarly removed.
Current Disciplinary Removal for 10 or Less Consecutive School Days but the Total Removals
in the School Year exceed 10 Cumulative School Days.
If the current removal is for 10 or less consecutive school days, but the total removals in that school year
are for more than 10 cumulative school days, the school must determine whether the current removal
will result in a change of placement. This requires a determination of whether the series of removals
constitute a pattern, as discussed below.
Pattern Determination: On the date the decision is made to remove a student for a period of time
that pushes over ten cumulative days in that school year, the CSC will determine whether the facts
show that the series of removals constitute a pattern. The CSC should take into account
observations of the teachers aware of the circumstances of the student’s misconduct, an
administrator input, and other relevant input (e.g., from special and general education teachers,
school psychologist, counselor, as well as the parents). The CSC considers the following factors
when it determines whether the series of removals constitutes a pattern:
1) The nature of the behaviors (whether the student’s behavior was substantially similar to the
student’s behavior in previous incidents that resulted in the series of removals);
2) The total number of days removed;
3) The length of each removal; and
4) The proximity of the removals to each other in time.