PENNSYLVANIA’S RULES REGARDING SUSPENSIONS

 

Disciplinary exclusions can be a change in placement:
    1. suspension of more than 10 days in row
    2. suspension of more than 15 total days
    3. disciplinary exclusion of a student with MR
    4. prohibited suspensions include in school, out of school, and suspensions from the bus

 

FEDERAL RULES REGARDING SUSPENSIONS

Disciplinary exclusions can be a change in placement:
    1. change of placement is removal for more than 10 consecutive school days;
    2. series of removals that constitute a pattern because they accumulate to more than 10 school days; and
    3. factors such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another

 

RIGHTS WHEN KIDS IN SPECIAL EDUCATION BRING WEAPONS/DRUGS TO SCHOOL

 

    1. Schools can order a change in placement for up to 45 calendar days when:
    1. Federal law defines weapon as: weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade
    2. Can only be to an appropriate interim alternative education setting of less than 2 ½ inches in length

 

 

RIGHTS WHEN KIDS IN SPECIAL EDUCATION EXHIBIT DANGEROUS BEHAVIOR

1. Hearing officer may order a change in placement to an appropriate interim alternative education setting for not more than 45 calendar days if the hearing officer, in an expedited due process hearing:

a. Determines that the school has demonstrated by substantial evidence that maintaining the current educational placement of the child is substantially likely to result in injury to the child or others;

b. Considers the appropriateness of the current educational placement;

c. Considers whether the public agency has made reasonable efforts to minimize the risk of harm in the child’s current placement, including the use of supplementary aids and services; and

    1. Determines that the interim alternative educational placement setting is appropriate.
  1. An expedited due process hearing has to be held and concluded and a decision rendered within 30 calendar days

 

 

 

INTERIM ALTERNATIVE SETTING
  1. Is determined by the child’s IEP team;
  2. Enables the child to continue to progress in the general curriculum;
  3. Enables the child to continue to receive services in his/her IEP;
  4. Includes an appropriate behavior support plan; and

5. Can’t be for more than 45 calendar days.

MANIFESTATION DETERMINATIONS

1. Must be completed prior to any proposed change of placement, including for weapons/drug violations;

2. Must occur immediately, but no later than 10 days after the date on which the decision to take that action is made;

3. Consists of a review of the child’s disability and the behavior subject to the disciplinary action;

4. Must be conducted by the IEP Team;

Not a manifestation of the child’s disability if:

    1. The IEP Team considers all relevant information including evaluation and diagnostic results, observations, the child’s IEP and placement;
    2. The IEP determines that the IEP and placement were appropriate (the special education services, supplementary aids and services and behavior intervention strategies were appropriate and were being provided consistent with the child’s IEP);
    3. The child’s disability did not impair the ability of the child to understand the impact and consequences of the behavior; and
    4. The child’s disability did not impair the ability of the child to control the behavior.