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1342.12 Companion
July 12, 2017
Page 116
Determination of Alternative Educational Setting (AES) and Continuation of Services in AES
When a student with a disability is removed from school for more than 10 consecutive/cumulative
school days during the school year, the CSC determines the AES and ensures the continuation of
comparable special education services in accordance with the IEP. The CSC determines the extent to
which services are needed to enable the student to continue participating in the general education
curriculum, and to progress toward meeting the goals in the student’s IEP. The special education and
general education teachers should collaborate on the curricular material to be covered and the length of
instruction needed for the student to progress in his or her educational program. Instruction may be
provided in the student’s home, if a parent is present, or at another site such as community service
center, library, or other public area. Correspondence or distance learning courses may be included as
part of the student’s instructional program.
Special Exception for Conduct Involving Weapons, Drugs, and Serious Bodily Injury
School personnel may remove a student with a disability from his or her current placement for up to 45
school days, for misconduct, without regard to whether the behavior is determined to be a
manifestation of the child’s disability, if the child at school, on school provided transportation, on school
premises, or at a school sponsored event:
(a)
Carries a weapon or possesses a weapon;
(b)
Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled
substance; or
(c)
Has inflicted serious bodily injury upon another person.
Note: Removals under this special exception require a manifestation determination review.
Safety to Self or Others
If school personnel believe that returning the student to his or her current educational placement is
substantially likely to cause injury to the student or to others, DoDEA HQ, working in conjunction with
legal counsel, may file a petition for an expedited due process hearing. At that hearing, the hearing
officer will hear evidence and may determine and order an AES to be appropriate under the
circumstances proven.
Expulsion
On the date the decision is made to expel a student, the school is required to notify the parents of their
decision, provide them with procedural safeguards, and refer the case to the disciplinary committee. A
CSC meeting is to be scheduled as soon as possible, but no later than within 10 school days of imposing
the consequence, to conduct a Manifestation Determination Review (MDR).
If the CSC determines that the misconduct is NOT related to the disability, expulsion can be
imposed. The CSC will identify options for the continued provision of services consistent with
the student’s IEP. As noted above, in the “Manifestation Determination Review” section, the
administrator must contact the District Office to inform the Superintendent and the district
special education ISS prior to the manifestation determination review.
If the CSC determines that misconduct IS related to the disability the expulsion cannot be
imposed. The CSC, including the parents, must determine any appropriate adjustments to the
IEP including a possible alternative educational setting. In the event the misconduct involves an
incident cited under the "special circumstance involving weapons, drugs, or serious bodily