DISCIPLINING OF STUDENTS WITH DISABILITIES

The Board of Education has adopted the District's Student Conduct and Discipline Code (the "Code") for the purpose of, among other things, creating and maintaining safe schools and effective learning environments. As a general rule, the Code applies to all students, and students with disabilities may be disciplined in the same manner and for the same amount of time as typical students, where such discipline does not include removal from school. Where a school or the District proposes disciplining a student with disabilities by removing the student from school, however, such removal may occur only as provided for by the Individuals with Disabilities Education Act ("IDEA"), the Exceptional Children's Educational Act ("ECEA"), and/or Section 504 of the Rehabilitation Act of 1973 ("Section 504"), as appropriate.

The Board, therefore, directs the Administration to adopt procedures for the proper disciplinary removal of students with disabilities and directs that such procedures be consistent with the IDEA, ECEA, and Section 504, respectively, and the Code. Procedures for students with disabilities who qualify under the IDEA and ECEA shall be developed and maintained by the Special Education Department. Procedures for students with disabilities who qualify only under Section 504 shall be developed and maintained by the Office of Equal Opportunity Programs.

Such procedures shall be distributed to appropriate personnel and to each school in the District, and shall be made available to parents upon request.

Approved September, 1988

Revised November, 1993

Revised December 1994

Revised June 1999

 LEGAL REFS: Individuals with Disabilities Education Act, 20 U.S.C. §1400, et seq.

JK, Student Discipline

JKD-JKE, Student Suspension/Expulsion/Denial of Admission (Due process/Administrative Processing Procedures)