DISCIPLINE for Students in Special Education

A. IDEIA 2004 authorizes school personnel to consider, on a case-by-case basis, any unique circumstances when determining if the child's placement should be changed as a result of the student's violation of a code of student conduct.

B. Schools are the authority to remove a child to another appropriate interim setting or suspension for not more than 10 school days and to the extent such alternatives are applied to children without disabilities.

C. Schools may apply the same disciplinary procedures to students with disabilities as are applied to students without disabilities if the violation of the school code of conduct is not a manifestation of the student's disability.

D. Students who are removed from current placement, whether or not the behavior is a manifestation of the student's disability, must continue to receive educational services that enable the student to receive a FAPE.

Students must also receive, when appropriate, a functional behavior assessment, behavioral intervention services and modifications designed to address the behavior violation.

E. If a decision is made by the school to change the child's placement, within 10 days of that decision a meeting must be held to determine if the behavior was a manifestation of the student's disability.

F. The Manifestation meeting is to include the parents and the relevant members of the IEP team as those members are determined by the parent and the district.

G. Participants are to consider if:

1. The conduct was caused by or had a direct and substantial relationship to the student's disability;

2. If the conduct in question was a direct result of the district's failure to implement the IEP.

  • If either of these occur then the behavior is a manifestation of disability and student must return to current placement unless parent and district agree otherwise.

H. If was a manifestation and no behavior plan exits, the school district must conduct a functional behavior assessment and behavior plan. If a plan exists, then is must be revised to address behavior.

Discipline for NON-Special Education Students

A. Suspensions

1. A student can be suspended for committing any of the acts outlined in Education Code Section 48900 (a) - (q), 48900.2 - 48900.4, 48900.7.

2. The act must be related to a school activity or attendance including while on school grounds, while going to or coming from school, during lunch time (whether on or off campus), and during, or while going to or coming from, a school sponsored activity.

3. Suspension can only be imposed when:

a) Other means of correction fail to bring about proper conduct, , or

b) The students' presence causes a danger to persons or property, or threatens to disrupt the instructional process.

Length of Suspension

1. Maximum number of days a student can be suspended in a school year is 20, unless they are transferred for adjustment purposes to another school, opportunity class, or continuation school, where the total is 30 days.

2. A suspensions while attending another school may be included in the maximum number of days.

3. Suspensions cannot last longer than 5 consecutive school days, except when the parent agrees to a longer suspension, or when the student is being referred for expulsion.

4. The governing board may order a suspension up to a maximum of 20 days.

B. Expulsions

1. A student can be expelled for committing any of the acts outlined in Education Code Section 48900 (a) - (q), 48900.2 - 48900.4, 48900.7

Mandatory Expulsion (Zero Tolerance Offenses) (The principal must refer for expulsion if factual findings are made.)

a) A student who commits one of the following shall be suspended and recommended for expulsion:

1) Possessing, selling, or furnishing a firearm;

2) Brandishing a knife at another person (a knife must have a blade longer than 3 ½ inches);

3) Unlawfully selling a controlled substance;

4) Committing or attempting to commit a sexual assault, or committing a sexual battery; and

5) Possession of an explosive (destructive device).

b) The governing board shall expel upon a finding of the above acts.

c) This does not prevent the governing board from suspending the enforcement of the expulsion for one year.

Limited Discretion

a) Unless the expulsion is inappropriate due to the particular circumstances, the principal shall recommend expulsion for:

1) Causing serious physical injury to another person, except in self-defense;

2) Possession of any knife or other dangerous object of no reasonable use to the pupil;

3) Unlawful possession of a controlled substance, except first offense of possession of not more than 1 ounce of marijuana (other than concentrated cannabis);

4) Robbery or extortion;

5) Assault of battery upon a school employee.

b) Upon recommendation for expulsion, the governing board may order expulsion only if there is a finding of one or both of the following:

1) Other means of correction are not feasible or have repeatedly failed to bring about appropriate conduct

2) Due to the nature of the act, the presence of the student causes a continuing danger to the physical safety of the student or others.

Full Discretion

a) The Principal, Superintendent, and Governing Board have full discretion in determining whether a student is expelled for certain acts upon a finding of one or both of the following:

1) Other means of correction are not feasible or have repeatedly failed to bring about appropriate conduct.

2) Due to the nature of the act, the presence of the student causes a continuing danger to the physical safety of the student or others.