Public Schools of Petoskey
Considerations for Discipline of Students with IEPs
1. Assumptions
a. District (policy) & school (handbooks) have written codes of conduct that apply
to all students.
b. Students with IEPs are afforded specific due process protections.
c. Students with IEPs are first and foremost general education students.
d. Decisions concerning suspension/expulsion of students with IEPs are made caseby-case with consideration for unique circumstances.
e. Discipline is recorded (in PowerSchool or similar) and reported (in MSDS).
2. Removal Counted as a Day
a. Day #1i. Count starts on the day the student is directed to leave
ii. MUST provide Procedural Safeguards to parents
b. It is considered a REMOVAL if a student with IEP is separated from instruction
for disciplinary reasons without:
i. Opportunity to progress in GE curriculum
ii. Receiving IEP services
iii. Participating with non-disabled peers
iv. In-school suspension personnel meeting MDE qualifications (certified
teacher or other criteria for utilization of Noncertified staff)
c. It is NOT a REMOVAL if the 4 items above have been met.
d. Even if it is an In-School Suspension, it is counted as a REMOVAL if the above
4 items are not met.
e. Must count (and report in MSDS) any removal of a ½ day or longer for GE
students, but for SE students—any part of a day is a whole day.
f. Note: For students on ½ days due to inability to cope with a full day (e.g., very
young students), this must show in their IEP with a rationale.
g. On day #11 (consecutive or nonconsecutive when a PATTERN of removals
results in a change of placement), must provide FAPE that includesi. Educational services
ii. Documentation in Interim Alternative Educational Setting (IAES, #8
below), Section I Short-Term Placement, not a change in placement
3. Change of Placement
a. More than 10 consecutive school days OR
b. A PATTERN of REMOVALS
i. More than 10 days in a year (may or may not be consecutive)
ii. Similar behavior in a series of removals
iii. Length of removals
iv. Proximity of removals to each other
v. Case-by-case decisions if removals are a “change of placement”
vi. SE students may be removed more than 10 days in a single year if NOT
considered a PATTERN of removals
c. Parent receive Procedural Safeguards
d. Manifestation Determination Review within 10 school days of the day the
decision that a change of placement exists/should exist
e. On day #11, must provide FAPE (i.e., educational services)
4. Due Process
a. Investigate/interview witnesses & student (obtain written statements as needed &
secure physical evidence as needed)
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Public Schools of Petoskey
b. Oral/written explanation/summary of allegation(s)
i. Identify violation and associated rule or law
ii. Ask about student knowledge of code of conduct
c. Basis of allegation(s) provided
d. Opportunity for student to give his/her side
e. Proposed disciplinary measures
i. Type
ii. Number of days
iii. Services involved (Only if more than 10 consecutive days or a removal
PATTERN exists)
f. Contact parent by phone, follow up in written form, & provide Procedural
Safeguards
g. Contact law enforcement (if needed)
5. “Basis of Knowledge” Established that SE Exists: Conduct an Expedited
Evaluation
a. Parental concerns in writing for SE services
b. Parent request for SE evaluation or eval in process prior to incident
c. School personnel have expressed concerns
6. “Basis of Knowledge” Established that SE Does NOT Exist
a. Parent has not allowed an evaluation
b. Parent has refused or revoked SE services
c. Child evaluated and not determined to be student with a disability
7. Manifestation Determination Review: Is the behavior related to disability?
a.
b.
c.
d.
A single removal of more than 10 consecutive days
Series of removals (cumulative) more than 10 days forming a PATTERN
Day #1- Parents notified & receive a copy of Procedural Safeguards
MDR within 10 school days from the day of the decision that a change of
placement exists
e. Determine participants (relevant members of IEPT)
f. Collect documentation & review IEP & BIP for implementation
g. MDR does NOT always mean a NEW IEP
h. After MDR Meeting- NOT a Manifestation
i. Student receives GE disciplinary actions
ii. Student receives FAPE on 11th cumulative school day as described and
recorded on form
iii. Conduct a behavioral assessment and plan to prevent reoccurrence
i. After MDR Meeting –IS a Manifestation
i. Conduct/review a FBA (Functional Behavioral Assessment)
ii. Implement/amend the BIP
8. Interim Alternative Educational Setting
a. May remove for 45 school days with an MDR completed within 10 school days
of decision to change students placement
b. Requirements
i. Educational services to continue GE curriculum- determined by IEP
team (new IEP may be needed)
ii. Review & find ways for progress toward meeting IEP goals
iii. Review/conduct FBA/BIP
c. Examples of settings
i. Classroom in alternative area
ii. Home-based program
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Public Schools of Petoskey
iii. Teacher meeting student at off-site location (e.g., public library)
iv. Consultation, etc.
9. Special CircumstancesIDEA allows immediate action (up to Expulsion) for:
a. Weapon possession- any object used or capable of causing death or serious
bodily injury (not including a pocket knife of less than 2½ inch)
b. Sell or possess illegal drugs (controlled substances not legal to possess under
supervision of a professional)
c. Infliction of serious bodily injury on another person (substantial risk of death,
extreme physical pain, disfigurement, permanently disabling, or loss/impairment
of bodily limbs or sensory functions)
d. Requires provision of FAPE for students with IEPS due to change of placement
e. MANDATORY EXPULSION in Michigan
i. Even for students with IEPs
ii. Must follow procedures for Change of Placement
iii. Includes
1. Possess a weapon(s)
2. Arson on school grounds
3. Criminal sexual conduct on school grounds
Information provided through:
Char-Em ISD (Nancy Koehler & Dr. Frances Paris)
Thrun Law Firm, P.C.
Michigan Education Association (Special Report of 2008)
State of Michigan Legislative Council- Revised School Code Act 451 of 1976, Section 380.311a
Public Schools of Petoskey Board Policy #832 (Current)
Petoskey Middle School Handbook 2012-2013
Michigan Department of Education: MI Administrative Rules for Special Education (March 2012)
Michigan Department of Education: Model Code of Student Conduct (July 2001)
Michigan Department of Education: Office of Special Education (Section 1415. Procedural Safeguards)
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