SNAPSHOT 10-C TOPIC: Student Suspension-Procedures for Students With 504 Plans Policy 9200 Revised 12/11 Suspension for 10 Days or Less in a School Year For Students with 504 Plans I. The Principal/Designee may suspend a student with a 504 plan for cause, for not more than 10 school days per year, regardless of disability. Services do not have to be provided to students with disabilities during the first 10 days of removal if they are not provided to students without disabilities. II. School Responsibilities: A. Follow suspension procedures used for nondisabled students. B. If school personnel begin to see a pattern of behaviors that may lead to a possible change of placement (more than 10 days in a school year), best practice is to hold a 504 team meeting to consider the need for a Functional Behavioral Assessment/Behavioral Intervention Plan (FBA/BIP) or revision of the current BIP. Extended Suspension For More Than 10 Days in a School Year For Students with 504 Plans I. II. Initial Conduct Evaluation by the School Administrator: A. Determine if there was a conduct violation in accordance with BOE policy 9200. B. Take into consideration that any days the student was excluded count toward the 10-day limit. C. Provide the parent with the Notice of Disciplinary Action and a copy of the Parental Rights booklet. D. Convene a 504 team meeting within 10 school days of any decision to recommend a change of placement for a student with a 504 plan because of a violation of the HCPSS Student Code of Conduct. 504 Team Responsibilities: A. Schedule a manifestation determination meeting. The manifestation determination meeting must be held no later than 10 calendar days after taking the disciplinary action. The 10-day requirement for notice of 504 meeting does not apply to manifestation determination meetings because of the need to expedite the meeting. The 10-day waiver is not required. B. Complete the 504 Manifestation form to document the 504 team’s discussion and decisions regarding the relationship between the student’s disability and the behavior subject to the disciplinary action. The administrator states the Code of Conduct violation that resulted in the suspension. The 504 team must answer the following two questions: Is the conduct in question caused by or had a direct and substantial relationship to the student’s disability? or Is the conduct in question a direct result of the school’s failure to implement the 504 plan? C. The conduct shall be determined to be a manifestation of the student’s disability if the 504 team makes the determination that either of the two criteria listed above are applicable for the student. D. Behavior is not a manifestation: If the team determines the behavior is not a manifestation of the student’s disability, the school system is not required to provide educational services during the periods of disciplinary removal that exceed ten (10) school days if nondisabled students in similar 1/2 circumstances do not continue to receive educational services. 2/2 TOPIC: Student Suspension-Procedures for Students With 504 Plans SNAPSHOT 10-C Policy 9200 Revised 12/11 E. Behavior is a Manifestation: If the team determines the behavior is a manifestation of the student’s disability: 1. The student will return to his or her educational program and any disciplinary process will stop. 2. If the school based administrator feels that despite the manifestation determination, the student continues to be a danger to himself/herself or others, the Administrative Director and the Director of Special Education shall be immediately contacted for assistance. 3. Provide the parent with a written copy of the Manifestation Determination Report within 5 business days after the meeting. F. Miscellaneous 1. No unilateral removal exists for students with 504 plans. An Interim Alternative Educational Setting (IAES) does not apply even if the student commits one of the serious circumstances outlined in Snapshot 10-B (45-Day Removal to an IAES for Drug, Weapons, Serious Bodily Injury Offenses for Students with IEPs). 2. Students with 504 plans who are suspended beyond 10 days related to conduct that the 504 team determines not be a manifestation of the student’s disability do not have to be provided educational services. 3. Any days the student was excluded count toward the 10-day limit. 4. Administrators will provide parents with appropriate documentation after any disciplinary determination is made. 5. Provide parents with a copy of the 504 Parental Rights booklet for any manifestation meeting. 1/2