1342.12 Companion

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1342.12 Companion
July 12, 2017 Page 119
NO YES
NO to both YES to either
Discipline of Special Education Students FlowChart
Eligible student with a disability violates a school code of conduct
Disciplinary removal for current
misconduct is for 10 or less consecutive
school days and total removals in the
school year are for 10 or less
cumulative school days.
Disciplinary removal for current misconduct is
for 10 or less consecutive school days but total
cumulative removals in the school year exceed
10 school days.
Disciplinary removal for current misconduct
is for 11 or more consecutive school days
School may
remove student
from the current
placement without
conducting a
Manifestation
Determination
Review. School is
required only to
provide services
comparable to the
services it provides
to a child without a
disability.
(DoDM E.4.,
S.12.d.(1))
Is the current removal one in a series of
removals that amount to a pattern of
removal constituting a change of
placement? The CSC makes the pattern
determination after considering the factors
addressed in DoDM E.4, S. 12.b.(3)
By the 10th cumulative
school day of removal in
the same school year, the
CSC must determine the
extent to which services
are needed to enable the
student to continue
participating in the general
ed curriculum, although in
another setting, and to
progress toward meeting
IEP goals.
(DoDM E.4, S.12.d.(3)(a))
Removal is a change of placement
Issue Prior Written Notice to notify parents immediately of
decision to remove for disciplinary reasons and need to
convene a manifestation determination meeting and provide
procedural safeguards.
(DoDM 12.b.(4), 12.e.(1), 19.a.(4))
Within 10 school days of decision to remove student for
disciplinary reasons the school, the parent, and relevant members
of the CSC must review relevant information and make a
manifestation determination. (DoDM E.4, S.12.d.(3)(b), 12.e(1)
Manifestation Determination: Does the conduct have a direct and substantial relationship to the disability?
Is the conduct a direct result of the school’s failure to implement the IEP?
DoDM E.4, S. 12.e.(2)(a)
Student’s conduct is not a manifestation of disability.
Forward file and recommended course of action to
principal who may apply relevant disciplinary
procedures in the same manner and for the same
duration as to students without disabilities DoDM
E.4, S. 12.e.(2)(e)(1)
Continue to provide the child with the educational
services as identified by the child’s IEP as a
FAPE so as to enable the student to continue to
participate in the general ed curriculum and
progress toward meeting IEP goals. Reconvene
the CSC following a disciplinary decision that
would change the student’s placement to identify,
if appropriate, an educational setting and delivery
system to ensure the child receives services in
accordance with the IEP. DoDM, E.4, S.
12.d.(2)(a); 12.e(2)(e)2.
Provide, as appropriate, functional behavioral
assessment (FBA) and behavioral intervention
services and modifications.
DoDM E.4. S. 12.d.(2)(b).
Return student to placement when disciplinary
period expires unless parent and school agree
otherwise or student is lawfully expelled
Student’s conduct is a manifestation
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If conduct was a direct result of failure to
implement the IEP, the school must take
immediate steps to remedy those deficiencies.
DoDM, E.4, S. 12.e.(2)(b) and (d)
Conduct a f nctional behavioral asse
(FBA) and develop a behavioral implementation
plan as needed.
DoDM, E.4, S. 12.e.(2)(b)
Return student to placement NLT 10 school
days of removal unless (1) parent and district
agree to a different placement, (2) hearing
officers orders new placement, or (3) removals
is for “special circumstances” under DoDM E.4,
S.12.c.(2). If student is removed for “special
circumstance,” school must continue to provide
the child with the educational services as
identified by the child’s IEP as a FAPE so as to
enable the student to continue to participate in
the general ed curriculum and progress toward
meeting IEP goals and return to prior placement
NLT 45 days of removal.
DoDM, E.4, S. 12.d.(2)(a).