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.

References

cf: R5114.2

Legal: Sections 162.670 through 162.995 RSMo
Public Law 94-142; P.L. 105-17 and Regulations
Section 504 of the Vocational Rehabilitation Act of 1973
State Plan for Part B of the Individuals with Disabilities Education Act as Amended by Public Law 94-142

Policy adopted: March 24, 1987
Revised: January 14, 1997
Revised: December 07, 1999

R5114.2
ST. LOUIS BOARD OF EDUCATION REGULATION
STUDENTS
ELEMENTARY, MIDDLE AND SECONDARY
Attendance

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:
In all cases involving disciplinary action leading to suspension of a student with a disability or suspected of having a disability, the principal or designee shall meet with the student for an informal conference to explain the charge(s); give oral notice of the charge(s), give oral explanation of the evidence to the student, and give the student an opportunity to explain the situation; notify parent/guardian and offer the opportunity for a conference.
A series of short term suspensions totaling more than ten (10) school days within any school year may be viewed as a change in placement. In such cases the office of special education must be notified.
School administrators are responsible for monitoring the accumulation of days of suspension by students either suspected or determined to have a disability.

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:
a. determine whether the behavior was a manifestation of the student’s disability;
b. develop a functional behavioral assessment plan and conduct a functional behavior assessment if such an assessment was not already conducted;
c. review/revise current behavioral intervention plan and its implementation or develop a plan to address the behavior leading to the disciplinary action;
d. review current services to determine if appropriate or make changes as needed; and
e. recommend further disciplinary action(s) and the appropriate alternative educational setting, if needed.
Any change in school assignment and/or educational program shall be made in accordance with established procedural safeguards.

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 .
In the case of a disability resulting in violent behavior which causes a substantial likelihood of injury to the student or others, school officials shall initiate procedures consistent with state and federal law to assign the student to an appropriate alternative placement.
Either before or not later than ten (10) days after taking disciplinary action which results in a change in placement to an alternative educational setting the district will conduct a functional behavioral assessment and will implement a behavioral intervention plan. An IEP meeting will be convened for this purpose or to review an existing behavioral intervention plan.

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.
b. If warranted, the student's IEP team may revise the IEP to recommend an alternate educational setting; however, the IEP must recommend the continuation of some form of special education and related services which enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the student's IEP as determined by the student's IEP team.
c. The student's parent(s)/legal guardians must be afforded all procedural safeguards including an opportunity to appeal the IEP decision .
d. The office of special education shall be responsible for conducting an administrative hearing with the student and parents regarding the recommended long-term suspension. If, as a result of the administrative hearing, the executive director of special education approves of the recommended long-term suspension or expulsion from regular school, he/she shall forward all information and documents related to the matter to the superintendent along with his/her written approval of the recommendation.
e. At any point during the proceedings involving a suspension or expulsion from regular school or change in placement of a student with a disability, the student's parent(s)/legal guardian(s) may request due process procedures as prescribed by state and federal law and regulations.
f. While due process proceedings are in progress, the school district shall continue providing educational services which enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the student's IEP as determined by the students' IEP team.

References

Legal: Sections 162.680, 162.950 – 162.963 RSMo.
Public Law 94-142
Public Law 105-17 and Reguations
State Plan for Part B of the Individuals with Disabilities Act, As Amended by Public Law 94-142
Annual Compliance Plan for Special Education

Regulation approved: March 24, 1987
Revised: January 14, 1997
Revised: December 07, 1999