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Disciplinary Action for Exceptional Children/Students with Disabilities Policy 4307

Purpose

ENCSD is committed to ensuring that disciplinary actions involving students with disabilities are conducted in a fair, legally compliant, and educationally sound manner.  This policy outlines procedures for addressing behavior by students with disabilities while protecting their rights under the Individuals with Disabilities Act (IDEA), Section 504 of the Rehabilitation Act, Americans with Disabilities Act (ADA), and applicable North Carolina state laws and NCDPI regulations.

I. Definitions

  • Disciplinary Change of Placement: Removal of a student from their current educational setting for more than 10 consecutive school days, or a pattern of removals constituting a significant change in placement under IDEA and NCDPI guidance.
  • Manifestation Determination Review (MDR): A required review to determine whether a student’s misconduct was related to their disability.
  • Functional Behavior Assessment (FBA): A process for identifying the causes of behavior in order to develop effective interventions.
  • Behavior Intervention Plan (BIP): A plan developed from the FBA outlining strategies and supports to address behavior concerns.

II. General Guidelines

  1. Equity and Legal Compliance
    • All disciplinary actions must comply with IDEA, ADA, and applicable federal and state laws and must not result in the denial of a Free and Appropriate Public Education (FAPE).
  2. Continued Educational Access:
    • Any removal exceeding 10 cumulative school days in a school year must ensure the student continues to receive services necessary to make progress toward IEP goals and participate in general curriculum as required by 34 CFR § 300.530(d).
  3. Communication in ASL:
    • All notices, meetings (including MDRs), and proceedings must be accessible in American Sign Language (ASL) for students and families.  Certified ASL interpreters must be provided in accordance with ADA and IDEA.

III. Short-Term Suspensions (10 days or fewer)

  • School personnel may remove a student with a disability up to 10 cumulative school days per school year for violations of the Code of Conduct, if such discipline would apply to non-disabled students.
  • These short-term removals:
    • Do not require an MDR
    • Must include ASL-accessible communication to families
    • Require documentation of the incident and support strategies used

IV. Disciplinary Changes of Placement

A disciplinary change of placement occurs if:

  • The student is removed for more than 10 consecutive school days, or
  • The student is subject to a series of removals that total more than 10 days and constitutes a pattern based on length, total time, and proximity of removals.

If such a change occurs, ENCSD must:

  • Provide written notice of the decision and a copy of Procedural Safeguards to the parent/guardian in an accessible format, including ASL as needed.
  • Convene the IEP team within 10 school days to conduct a Manifestation Determination Review (MDR).

V. Manifestation Determination Review (MDR)

The IEP team must determine whether the conduct:

  • Was caused by, or had a direct and substantial relationship to, the child’s disability, 

or

  • Was the direct result of ENCSD’s failure to implement the IEP

If either is true, the behavior is a manifestation, and:

  • The student cannot be further disciplined under standard procedures
  • The IEP team must:
    • Conduct a review of a Functional Behavioral Assessment (FBA)
    • Develop or revise a Behavioral Intervention Plan (BIP)

VI. Behavior Not a Manifestation

IF the behavior is not a manifestation of the student’s disability:

  • The student may be disciplined in the same manner as non-disabled peers, including suspension or expulsion.
  • The student must continue to receive special education and related services as determined by the IEP team.
  • All decisions must be communicated in ASL and documented appropriately.

VII. Special Circumstances and Interim Alternative Educational Settings (IAES)

A student may be placed in an Interim Alternative Educational Setting (IAES) for up to 45 school days for:

  • Possession of a weapon
  • Possession or use of illegal drugs
  • Infliction of serious bodily injury

Even if the conduct is a manifestation of the disability, the IEP team may place the student in IAES.

The team must:

  • Determine the services needed for continued educational progress
  • Notify parents/guardians of the placement decision and rights
  • Ensure language and communication access

VIII. Appeals and Due Process

Parents/guardians may appeal disciplinary decisions through:

  • Filing a due process complaint under 34 CFR § 300.532
  • Requesting a stay-put placement during the appeal
  • Engaging in state-sponsored mediation through NCDPI

ENCSD ensures that all proceedings include ASL interpretation and communication access as needed.

IX. Documentation and Oversight

ENCSD will:

  • Maintain documentation of all disciplinary actions involving students with disabilities
  • Submit data to NCDPI and other required agencies
  • Analyze trends to reduce disparities and improve proactive behavioral supports

Legal References

  • Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
  • 34 CFR §§ 300.530 – 300.537
  • Americans with Disabilities Act (ADA)
  • North Carolina General Statutes § 115C-390 et seq.
  • North Carolina Policies Governing Services for Children with Disabilities

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

Policy