Chapter 10: Discipline

General Information

34 CFR Section 300.530 - Section 300.537

Students with disabilities, like their nondisabled peers, must abide by the District Code of Student Conduct adopted by the District Board of Education.⁶⁸ If a student’s behavior impedes his or her learning or the learning of other students then the PPT will consider positive behavioral interventions, supports, and strategies to address the behavior. If the PPT determines that a student needs such interventions, supports, or strategies, they will be documented in the student’s IEP.

Students with disabilities are subject to the District Code of Student Conduct, including suspension or expulsion from school. In addition to the due process rights afforded to students without disabilities pursuant to state law, the District will follow a set of specific procedural requirements in the event a student with a disability engages in a behavior that requires a disciplinary intervention and exclusion from school.

Types of Disciplinary Actions

Exclusion is any denial of public school privileges to a student for disciplinary purposes.

Removal is an exclusion from the classroom for all or part of a single class period, provided such exclusion shall not extend beyond 90 minutes.

In-school suspension (ISS) is an exclusion from regular classroom activity for no more than five consecutive school days, but not exclusion from school, provided such exclusion shall not extend beyond the end of the school year in which such in-school suspension was imposed.

• If a student is removed from the classroom for more than 90 minutes for discipline reasons it is considered to be an ISS.
• All suspensions from school must be ISS unless the administration determines that an out-of-school suspension is appropriate.⁶⁹

An in-school suspension will not count towards days of removal from school if the District provides the following three components for the student:

1. Appropriate participation in the general education curriculum;
2. Services identified on the student’s IEP; and
3. Opportunities to continue to participate with nondisabled children.

Each situation will be judged individually, and the student’s time with nondisabled peers assessed to determine if the time with nondisabled peers during periods of ISS is comparable to the time the student spends with nondisabled peers during a typical school day.

Out-of-school suspension (OSS) is an exclusion from school privileges or from transportation services provided such exclusion shall not extend beyond the school year in which such suspension was imposed.

A student cannot be suspended more than 10 times or 50 days each school year unless the student is provided with a formal hearing.

A partial day exclusion from school, such as sending the student home before the end of the regular school day, is considered a suspension from school if the student is excluded from school for more than 90 minutes.

Forced pick-up requests by districts: requesting a parent/guardian to pick up a student because of challenging behaviors is considered an OSS.

Expulsion is an exclusion from school privileges for more than 10 consecutive school days and shall be deemed to include, but not limited to, exclusion from the school to which the student was assigned at the time such disciplinary action was taken, provided such exclusion shall not extend beyond a period of one calendar year. If a child is under age 16, an alternative education opportunity must be provided during the time of expulsion. Depending on the school district, a child may have to go to a different school or receive an individualized program that combines tutoring with a teacher and online schoolwork.

State law requires that alternative educational opportunities follow the Standards for Educational Opportunities for Students Who Have Been Expelled.

If a child is between the ages of 16 and 18 and wants to continue getting an education, an alternative education will be offered as long as the child was not expelled before and follows any conditions the board of education sets.

The board does not have to offer alternative education to children between the ages of 16 and 18 if they have been expelled before.

There are rules for ISS, OSS and Expulsion that apply specifically to students in Preschool through Grade Two:⁷⁰

• OSS is not allowed for children attending preschool programs operated by local/regional boards of education, charter schools, or interdistrict magnet schools. Only ISS is allowed for this age group.
• For students in kindergarten to Grade 2, OSS may be used in rare situations for behavior on school property that causes physical harm.
• (Pre-K students attending public programs may not be expelled unless it is determined at a hearing that the student had a firearm on or off school grounds or at a school-sponsored event.
• For students in kindergarten to Grade 2, an expulsion can be used only when a child had certain weapons or illegal drugs.

Discipline Procedures for Special Education Students

When an eligible student with a disability violates a code of conduct, District staff may suspend the student for not more than 10 consecutive school days. During this removal, the District is not required to provide educational services, unless the District provides services to nondisabled students while suspended. However, the District will provide the student with an opportunity to complete any missed classwork, including examinations administered during the period of suspension.

For students that are not already identified for special education services, the District will promptly refer to a planning and placement team all children who have been suspended repeatedly or who otherwise exhibit a pattern of behavioral concerns.

Disciplinary Removals resulting in a Change of Placement

The District will consider any “unique circumstances” on a case-by-case basis when considering a disciplinary change in placement, consistent with all other state and federal requirements. “Unique circumstances” include consideration of factors such as the student’s disciplinary history, ability to understand consequences, expression of remorse, and supports provided to a student with a disability prior to violation of the District code of student conduct.⁷¹

A change in placement occurs if the District removes the student for more than 10 consecutive days (i.e., an expulsion) or if the District has removed the student in excess of 10 days cumulatively constituting a pattern of removals. When determining whether the removals constitute a pattern, the District will consider (1) whether the behavior for which the student was disciplined was substantially similar to the conduct that resulted in prior removals and (2) other factors such as length of each removal, total time the student has been removed, and the proximity of the removals to each other. The District will make this determination on a case-by-case basis. If the parent of the student disagrees with the determination, the parent may file for an expedited due process hearing. If the District determines that the cumulative removals do not result in a change of placement and the current removal is more than 10 school days, District staff, in consultation with at least one of the student’s teachers will determine the extent to which educational services are needed to enable the student to continue to participate in the general education curriculum, although in another setting and to progress toward meeting the goals and objectives in the student’s IEP.

The District will provide prior written notice to the parent on the date on which the decision is made to remove the student resulting in a change of placement, and also provide a copy of the procedural safeguards.

The District will conduct a manifestation determination meeting if the District is considering expelling a student, removing the student to an interim alternative educational setting (IAES), or any other change in placement.

Manifestation Determination

Before expelling a student or any other disciplinary removals resulting in a change of placement, the District will convene a PPT meeting to conduct a manifestation determination.

Such meeting will convene within 10 school days of any decision to change the placement of a student with a disability because of a violation of the District code of student conduct. The purpose of the meeting will be to review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parent to determine:

1. If the behavior in question was caused by, or had a direct and substantial relationship to, the student’s disability; or
2. If the behavior in question was the direct result of the District’s failure to implement the student’s IEP.

If it is determined that the conduct was a manifestation of the student’s disability, the PPT will:

1. Either conduct an FBA, unless the District had conducted an FBA before the behavior that resulted in the change in placement occurred, and implement a BIP for the student; or if a BIP already has been developed, review the BIP, and modify it, as necessary, to address the behavior; and
2. Return the student to the placement from which the student was removed, unless the parent and the District agree to a change in placement as part of the modification of the BIP.

If it is determined that the conduct was not a manifestation of the student’s disability or a result of the District’s failure to implement the student’s IEP, the District may discipline the student in the same manner and for the same duration as a student without a disability. The student remains subject to the measures imposed as related to the District Code of Student Conduct for the violation committed. The District will continue to provide the student with educational services to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress towards meeting the goals and objectives in the student’s IEP. The PPT will determine what educational services the District will provide and the setting for those services, which may be an interim alternative educational setting (IAES). In addition, when determined appropriate by the PPT, the District will conduct an FBA and provide behavioral intervention services and modifications designed to address the behavioral violation, so it does not recur.

Special Circumstances

The District may remove a student to an IAES for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the student’s disability, if the student:

1. Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the District;
2. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of the District; or
3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the District.

The District will continue to provide the student with educational services to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress towards meeting the goals and objectives in the student’s IEP. The PPT will determine what educational services the District will provide and the setting for those services. In addition, when determined appropriate by the PPT, the District will conduct an FBA and provide behavioral intervention services and modifications designed to address the behavioral violation, so it does not recur.

Exclusion from Bus Transportation

Exclusion from a student’s usual bus transportation may also be considered a suspension if the student receives transportation as a related service that is documented on the student’s IEP. However, the days that the student is suspended from bus transportation do not count toward the 10-day total (constituting a change in placement) if during this period of bus suspension the District provides transportation to the student in some other manner.

If the student is receiving regular transportation from the District (i.e., not special transportation through an IEP), a suspension from the bus would not be counted as a suspension from school. If the student has behavioral issues which result in multiple suspensions from bus transportation, the PPT will convene to discuss the student’s behavior on the bus and what, if any, services the student may need while being transported, (e.g., behavior intervention planning and implementation, the addition of adult support during transportation, or the need for alternative transportation).

Expedited Due Process Hearing

An expedited due process hearing may be requested:

• By the District to remove the student to an IAES because the District believes that keeping the student in the current school program is substantially likely to result in injury to the student or to others;
• By the District to maintain the student in an IAES or another appropriate placement after the expiration of the IAES where the parent disagrees with the proposed change and the District believes that maintaining the student in the current school program is substantially likely to result in injury to the student or to others;⁷²
• By the parent when the parent believes that a change in placement has occurred because the student has been kept out of school for more than 10 consecutive days, or for more than 10 days in a school year, and the District has not conducted a manifestation determination;
• By the parent when the parent does not agree with the IAES placement; or
• By the parent when the parent does not agree with a manifestation determination that the student’s behavior was not a manifestation of the student’s disability.

An expedited hearing is available in matters concerning a challenge to the change in placement decision as a result of a disciplinary removal, the manifestation determination, or placement in an IAES. The expedited due process hearing must occur within 20 school days of the date the request was filed, and a final written decision must be made within 10 school days after the hearing.

A resolution meeting must occur within seven calendar days of receiving notice of the expedited due process complaint unless the parties agree in writing to waive the meeting or agree to use mediation. The resolution period runs concurrently with the hearing timeline.

Hearing Officer’s Authority to Order an IAES

The District may ask a special education hearing officer to order a change in placement of a student with a disability to an appropriate IAES for not more than 45 school days. The hearing officer may place a student in an IAES through an expedited due process hearing if the hearing officer determines that the District has demonstrated by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

During the expedited hearing, the student will remain in the IAES or other disciplinary setting pending the decision of the hearing officer or until the expiration of the additional suspensions, expulsion, or 45 school day IAES unless the parent and the District otherwise agree.

An expedited hearing must meet the general hearing requirements. The State due process regulations contain procedural requirements that are specific to expedited hearings. The hearing is limited to the above issues and the hearing officer has the authority to limit the introduction of exhibits and testimony as may be necessary to rule on the issue presented. The hearing officer does not have the authority to extend the timelines of an expedited hearing.

If the hearing officer determines that the District violated the discipline procedures outlined in the IDEA or that the student’s behavior was a manifestation of the student’s disability, the hearing officer may return the student to the placement from which the student was removed.

The hearing officer may order a change of placement of the student to an appropriate IAES for not more than 45 school days if the hearing officer determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

Protection for Students Not Yet Eligible for Special Education

A student who has been referred to special education but not yet been determined eligible for special education and related services and who engages in behavior that violates the District Code of Student Conduct may assert the protections provided by the IDEA if the District had knowledge that the student was potentially a student with a disability before the behavior that precipitated the disciplinary action occurred.

The District is deemed to have had knowledge, that a student is potentially a student with a disability if before the behavior that precipitated the disciplinary action occurred:

1. The parent of the student expressed concern in writing to District supervisory or administrative personnel or the student’s teacher, that the student is in need of special education and related services;
2. The student’s parent requested an evaluation of the student to determine his/her eligibility for special education and related services; or
3. The student’s teacher, or other District personnel, expressed specific concerns about a pattern of behavior demonstrated by the student to the District’s director of special education or to other supervisory personnel in the District.

The District will not be deemed to have knowledge that the student was potentially a student with a disability if the student’s parents did not consent to an evaluation of the student, or refused services under the IDEA, or the student had been evaluated and determined not to be a student with a disability under the IDEA.

If the District does not have knowledge that a student is potentially a student with a disability prior to taking disciplinary measures against the student, the student is subject to the same disciplinary measures as applied to students without disabilities who engage in comparable behavior.

If a request is made to evaluate the student to determine eligibility for services during the time period in which the student is subject to the disciplinary measures, the District will conduct the evaluation in an expedited manner. Pending the results of the evaluation, the student will remain in the educational placement, determined by the District, which can include suspension or expulsion without educational services.

If the District is in the process of evaluating the student to determine eligibility for special education and related services, and the disciplinary measures result in a change in placement for the student, the District will perform a manifestation determination regarding the suspected disability or disabilities.

Chapter 10 Appendix

Add supplemental documents/information here

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68. (add link to Code of Student Conduct on district website)
69. CGS §10-233c(g)
70. CGS §10-233l
71. https://www2.ed.gov/policy/speced/guid/idea/discipline-q-a.pdf
72. https://sites.ed.gov/idea/files/qa-addressing-the-needs-of-children-with-disabilities-and-idea-discipline-provisions.pdf