ST. LOUIS BOARD OF EDUCATION POLICY
ELEMENTARY, MIDDLE AND SECONDARY
Suspension, Disciplinary Transfer and Expulsion of Students with Disabilities
It is the policy of the St. Louis Board of Education that all students shall be subject to appropriate disciplinary actions when their behavior warrants such intervention.
Students with disabilities are not exempt from the disciplinary process; however, action by school officials which results in either the transfer of a student with a disability to another school or program and/or said student’s exclusion from the St. Louis Public Schools (for more than ten (10) school days in one school year) shall be considered a change in educational placement and shall be made in conformity with existing state and federal laws and regulations regarding the education of the disabled.
A student with a disability who engages in misconduct which relates to or is a result of the student’s disabling condition will not be expelled but will be disciplined in accordance with applicable state and federal laws and regulations.
A student with a disability who engages in misconduct involving drugs or weapons may be moved to an appropriate interim alternative setting in accordance with procedural safeguards and applicable state and federal laws and regulations.
Legal: Sections 162.670 through 162.995 RSMo
Policy adopted: March 24, 1987
Discipline and Suspension of Students with Disabilities.
Disciplinary actions by school officials which result in a change in
educational placement or exclusion from the St. Louis Public Schools for
more than ten (10) days in a single school year of a student identified
as or suspected to be disabled shall be in conformity with existing state
and federal laws, including, Section 162.670 through 162.999 RSMo, Public
Law 94-142; P.L. 105-17 Individuals with Disabilities Education Act and
Section 504 of the Vocational Rehabilitation Act of 1973, and all regulations
promulgated thereunder. Accordingly, in managing situations involving
students with disabilities or suspected to have a disability who engage
in disruptive behavior or serious misconduct, school officials shall take
remedial actions consistent with procedural safeguards in the St. Louis
Public Schools' Disciplinary Policy and Procedures for Disabled Students
and the following:
A. Short-Term Suspensions (Ten School Days or Less in a School Year)
Short-term suspensions are exclusions from school for ten (10) school days or less. Short-term suspensions may be utilized as reasonable consequences for misconduct and/or to remove students with disabilities from school temporarily as the need arises.
1. Suspensions - One to Three Days
A principal may suspend a student with a disability or suspected to have a disability for one to three consecutive school days. The student's parent(s)/legal guardian(s) and the office of special education shall be notified immediately in writing that the student has been given a short-term suspension and the basis for the action. If a series of short term suspensions results in an accumulation of ten (10) or more school days an individual education program (IEP) meeting must be scheduled.
2. Suspensions - Four to Ten Days
Upon the recommendation of the principal and approval by the executive director of special education, a student with a disability may be suspended from school for a period of from four (4) to ten (10) school days. The parent(s)/legal guardian(s) and the office of special education shall be notified in writing that the student has been given a four (4) to ten (10) day suspension and the basis for the action.
3. Ten Day Suspension or Accumulation of Ten or More Short-Term suspension Days or Disciplinary Transfer
No suspension which results in an accumulation of suspensions adding up to ten (10) or more school days in a single school year may be given to a student with a disability or a student suspected of having a disability without conducting an IEP meeting. The transfer of a student with a disability or suspected of having a disability for disciplinary reasons may constitute a change in educational placement.
If warranted, the IEP team shall refer the student for reassessment.
The principal shall be responsible for scheduling an IEP meeting with
the student and parent(s)/legal guardian(s)/legal guardian(s) within six
(6) school days of the first day of the suspension. The IEP team shall:
In addition, the revised or amended IEP and related documentation shall be forwarded to the office of special education which shall be responsible for effecting prescribed changes in the student's educational placement.
B. Interim Alternative Educational Setting
The executive director of special education/designee may issue a change in placement to an appropriate interim alternative educational setting for not more than forty-five (45) calendar days to a student with a disability if:
a. the student carries a weapon to school or to a school function under the jurisdiction of the St. Louis Board of Education; or
b. the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of the St. Louis Board of Education; or
c. exhibits behaviors that are substantially likely to result in injury to the student or others as determined by a hearing officer pursuant to an expedited due process hearing in accordance with applicable state and federal regulations.
The parent/legal guardian may appeal the interim alternative educational
setting, however, the child will remain in the interim alternative setting
during the pending of the appeal.
C. Long-Term Suspension (more than ten (10) days)
Prior to determining that a student with a disability or suspected of having a disability shall receive a long term suspension a manifestation determination must be made by the IEP Team as to whether the misconduct is related to the student’s disability.
1. Determination: Misconduct Related to Disability
When a student with disabilities is so disruptive in his/her current
placement that his/her behavior significantly impairs the education of
other students and the behavior stems from the student's disability(ies),
the student's educational placement may be changed as determined by his
IEP team .
2. Determination: Misconduct Not Related to Disability
When a student with disabilities is so disruptive that his/her behaviors significantly impair the education or other students and his/her behaviors do not stem from the student's disability(ies), the student may be given a long-term suspension or an expulsion in a manner consistent with mandated procedural safeguards. However, there can be no cessation of special education and related services to a child with disabilities for over ten (10) consecutive school days in a single school year. Therefore arrangements will be made to assure that appropriate educational services continue to be provided.
a. The manifestation determination that there is no relationship between
the misconduct and the disability(ies) shall be made by an IEP team and
other qualified personnel in a meeting ; it shall report its findings
to the executive director of special education within ten (10) school
days after its formation.
Legal: Sections 162.680, 162.950 – 162.963 RSMo.
Regulation approved: March 24, 1987