As
a result of the Individual's Disabilities Education Act (IDEA), special
education student populations have dramatically increased and student
rights
and school district responsibilities have expanded. School Districts,
when
confronted by a student discipline matter involving a special education
student, should keep in mind the following considerations:
1.
In order to meet the requirements of the School Code (105 ILCS
5/14-8.05), the
board of education should have a special education behavioral
intervention
policy in place, which addresses a detailed procedure for handling
incidents
involving special education students. This procedure should be followed
before
the district takes any action under its student discipline policy.
2.
The district should have a student discipline policy which includes a
disciplinary procedure for special education students.
3.
The special education policy should contain, at a minimum, the
following
procedural elements:
a.
Suspension of the student for up to ten (10) school days;
b.
Convening of an IEP hearing to conduct a "Relatedness" hearing to
determine if the offending conduct is a manifestation of the student's
disabling condition;
c.
If the student's conduct is a manifestation of
disability, the school
may convene an IEP for a change in placement, but may not expel the
student;
d.
If the student's conduct is not a manifestation of
disability, the
school may expel the student;
e.
Prior to a school board expulsion determination, an IEP should be
convened in
order to validate the change in placement (expulsion);
f.
Special Education and Discipline records must be delivered to school
board
prior to hearing on discipline.
4.
The IDEA requires that, pending resolution of "conflicts" between the
parents and the district, a disabled student "stay put" -- remain in
his or her current placement. Therefore, if the parent requests a due
process
review, the school district should stay the expulsion of the student
until the
dispute is resolved. However, if the student has been placed in an
"alternative setting" due to the student bringing a firearm or drugs
to school, the student can be required to "stay put" in the
alternative setting.
5.
In all cases, whether or not the student is expelled, the school
district must
provide continued services to the student.