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Page 1 of 2
EASTON AREA
SCHOOL DISTRICT
No. 113.1
SECTION:
PROGRAMS
TITLE:
DISCIPLINE OF STUDENTS
WITH DISABILITIES
ADOPTED:
May 17, 2007
REVISED:
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES
1.
Purpose
Title 22
Sec. 14.133
When necessary, behavior support programs shall be developed and maintained for
students with disabilities in order to promote and strengthen desirable behaviors and
reduce identified inappropriate behaviors.
Students with disabilities who engage in inappropriate behavior, disruptive or
prohibited activities and/or actions injurious to themselves or others shall be
disciplined in accordance with their Individualized Education Program (IEP),
behavior support plan, and Board policy.
2.
Authority
20 U.S.C.
Sec. 1400 et seq
34 CFR
300.519-300.529
Title 22
Sec. 14.143
The Board directs that the district shall comply with provisions of the Individuals
With Disabilities Education Act (IDEA) and federal and state regulations when
disciplining students with disabilities for violations of district policy or school rules
and regulations. No student with a disability shall be expelled if the student’s
particular misconduct is a manifestation of his/her disability.
3.
Guidelines
Title 22
Sec. 14.143
A student with a disability may be suspended for ten (10) consecutive and fifteen
(15) cumulative days of school per school year, regardless of whether the student's
behavior is a manifestation of his/her disability.
Title 22
Sec. 14.143
Any removal from school is a change of placement for a student identified with
mental retardation.
34 CFR
300.524
Pol. 218, 233
A student with a disability whose behavior is not a manifestation of his/her disability
may be expelled pursuant to district policy and procedures.
34 CFR
300.521, 300.522
A hearing officer may order removal of a student with a disability to an alternative
setting for forty-five (45) days where the district demonstrates by substantial
evidence that maintaining the student's current placement is substantially likely to
result in injury to the student or others.
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 2
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34 CFR
300.527, 300.528
Students who have not been identified as disabled may be subject to the same
disciplinary measures applied to students without disabilities if the district did not
have knowledge of the disability. If a request for evaluation is made during the
period the student is subject to disciplinary measures, the evaluation shall be
expedited.
Weapons Violations
34 CFR
300.520
18 U.S.C.
Sec. 930(g)
A student with a disability who carries a weapon to school or a school function may
be removed from his/her current placement. The student shall be placed in an
appropriate interim alternative educational setting for no more than forty-five (45)
days.
Drugs/Controlled Substances Violations
34 CFR
300.520
A student with a disability who knowingly possesses or uses illegal drugs or sells or
solicits the sale of a controlled substance while at school or a school function may be
removed from his/her current placement. The student shall be placed in an
appropriate interim alternative educational setting for no more than forty-five (45)
days.
References:
Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq.
Individuals With Disabilities Education Act Federal Regulations
Part 300, Sec. 300.519-300.529
Title 18, U.S.C. Sec. 930
State Board of Education Regulations – 22 PA Code Sec. 14.133, 14.143