Ohio Valley Educational Cooperative
January 200
Discipline of Students with Disabilities
707 KAR 1:340 §13, 14, 15, 16
Expectations for (all) student behavior:
 Described in the Student Code of Conduct
In School Suspension may be used for students with disabilities who have violated
school rules if the student:
1. has the opportunity to continue to appropriately progress in the general
curriculum;
2. continues to receive the services specified in the student’s IEP (i.e., special
education and related services designated on the IEP are implemented in the
ISS setting); and
3. continues to participate with nondisabled peers to the same extent as in the
student’s current placement.
Student Behavior on the School Bus
The principal may suspend the student from the bus if:
1. the IEP does not prohibit the suspension;
2. the bus suspension does not result in a change of placement for the student; and
3. the behavior has not previously been determined to be a manifestation of the
student’s disability.


If transportation is a related service, you must make sure an alternative method
of transportation is available.
If transportation is not a related service and the student misses school, it
becomes an attendance and possible truancy issue (OCR would require the
district to transport the student to school after 10 cumulative days of bus
suspension).
Change of placement because of disciplinary removals occurs:
 On a case-by-case basis for students violating the code of conduct;
 For removals for more than ten (10) consecutive school days;
 For a series of removals that constitute a pattern of removals
Pattern of removals means:
 The series of removals total more than 10 school days in a year;
 The student’s behavior is substantially similar to the behavior in previous
incidents that resulted in the series of removals;
 Additional factors including the length of each removal, the total amount of
time a student is removed, and the proximity of removals to one another.
Ohio Valley Educational Cooperative
January 200
Removals for 10 days or less
 Schools may suspend, remove to an interim alternative setting, or remove to another
setting, a student with a disability for not more than ten (10) days, even if it the
behavior is related to the disability
 No services are required for students who are suspended less than 10 school days
(unless your district provides services for non-disabled students who are similarly
removed)
Suspensions for More than 10 days OR that Constitute a Pattern of Removals

For any removal beyond 10 school days in a school year, schools must provide
educational services that “enable the child to continue to participate in the general
education curriculum, although in another setting, and to progress toward meeting
the goals set out in the child’s IEP”. [34 CFR §300.530(d)(1)(i)]
Interim Alternative Educational Settings
Schools may remove students with disabilities who violate the code of conduct
(regardless of the manifestation determination) to an interim alternative educational
setting for 45 school days if the student:
 carries a weapon* to school, on school premises, or to a school function
 possess a weapon* at school, on school premises, or to a school function
 knowingly possess or uses illegal drugs
 sells or solicits controlled substances on school premises, or at a school function
(This information is on the Schedules of controlled substances 21 USC Section
812 (c). This schedule is updated regularly. Alcohol is not a federally controlled
substance)
 Has inflicted serious bodily injury upon another person while at school, on school
premises, or at a school function
If the parent disagrees with the 45 day removal, the parent may request a Due Process
Hearing.
*The term ''dangerous weapon'' means a 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 of less than 2 1/2 inches in length. 18 USC §930(g)(2).
Ohio Valley Educational Cooperative
January 200
Meeting Agenda for a Change of Placement due to Code of Conduct Violations
707 KAR 1:340 §13, 14, 15, 16
1. On the date the decision is made to change the placement, provide parents with notice
of the proposed disciplinary action, Notice of ARC Meeting, and a copy of Procedural
Safeguards (Parent Rights).
2. Convene ARC within 10 school days of the decision to change the placement due to a
code of conduct violation.
3. ARC reviews all relevant information including the IEP, current data, teacher
observations, teacher-collected data, any relevant information provided by the parents.
4. The ARC reviews and considers the information to answer the following questions:
1) Was the conduct in question caused by or have a direct and substantial
relationship to the student’s disability?
OR
2) Was the conduct in question the direct result of the failure to implement the
IEP?
If either of the answers to the questions above are YES, the behavior is a manifestation of
the student’s disability, and the student is not subject to further disciplinary procedures.
If both of the answers to the questions above are NO, the behavior is not a manifestation of
the student’s disability, and the student is subject to the same disciplinary procedures as
any non-disabled student. However, there cannot be a cessation of services.
5. If the ARC determines the student’s behavior is a manifestation of the disability:
a. The ARC conducts a functional behavioral assessment, if one has not been done;
b. The ARC develops a behavioral intervention plan (includes strategies for instruction
and management of the behaviors), or reviews the existing plan;
c. The ARC determines appropriate educational services the student will receive; AND
d. The ARC returns the student to the placement from which the child was removed
unless:
 The district and parent agree to a change of placement as part of the behavior
intervention plan;
 The student’s code of conduct violation includes any of the behaviors that would
warrant an interim alternative educational setting.
6. If the ARC determines the student’s behavior is not a manifestation of the disability, the
ARC determines appropriate educational services the student will receive in the
disciplinary setting.
If the parent disagrees with the manifestation determination or with any placement decision,
the parent may request an expedited due process hearing.
Ohio Valley Educational Cooperative
January 200
Meeting Agenda for Suspensions that Constitute a Change of Placement
(Current Regulation) 707 KAR 1:340 Sections 10, 11, 12, 13
1. Provide parents with notice of the proposed disciplinary action, Notice of ARC
Meeting, and a copy of Parent Rights.
2. Convene ARC within 10 business days after the 11th day of suspension.
3. ARC conducts a functional behavioral assessment, if one has not been done.
4. ARC develops a behavioral intervention plan (includes strategies for instruction and
management of the behaviors), or reviews the existing plan.
5. ARC reviews and/or revises the IEP, if appropriate, and assigns staff to collect data
on the behavioral intervention plan and IEP.
6. ARC conducts a Manifestation Determination to review and consider the following
information to answer the determination standards in relation to the behavior subject
to disciplinary action:
a. Is the student’s IEP appropriate?
b. Are the services and behavior intervention strategies provided
consistent with the IEP and placement?
c. Is the student’s placement appropriate?
d. Does the student understand the impact and consequence of the
misbehavior?
e. Is the student able to control the misbehavior?

If any of the answers to the determination standards are NO, the behavior is a
manifestation of the student’s disability, and the student is not subject to further
disciplinary procedures.

If all of the answers to the determination standards are YES, the behavior is not a
manifestation of the student’s disability, and the student is subject to the same
disciplinary procedures as any non-disabled student. However, there cannot be a
cessation of services.
7. If the ARC determines the student’s behavior is not a manifestation of the disability,
the ARC determines appropriate educational services the student will receive in the
disciplinary setting.
If the parent disagrees with the manifestation determination or with any placement
decision, the parent may request an expedited hearing.
Ohio Valley Educational Cooperative
January 200
Protection for Children Not Yet Eligible for IDEA Services
A student who has not been identified under IDEA as having a disability and is facing
disciplinary procedures can assert protection under IDEA if the district had knowledge
that the student should have been identified as a child with a disability and referred for
an evaluation.
“Basis of Knowledge”
a. If the parent has expressed concern in writing (or orally if the parent can not
express it in writing) to the child’s teacher or to supervisory or administrative
personnel that the child needs special education and related services;
b. If the behavior or performance of the child demonstrates the need for
services;
c. If the parent has requested an evaluation; OR
d. If the teacher or other school staff, has expressed concern about a pattern of
behavior or performance of the child directly to the Director of Special
Education or other supervisory personnel.
A school is deemed “not to have knowledge” if:
a. The school had already conducted an evaluation and the child was not found
to be a child with a disability,
b. If an ARC determined that an evaluation was not necessary (and the
corresponding Notice was provided); OR
c. The parents refused to consent to an evaluation or refused initial services.
Conditions that Apply if there is no Basis of Knowledge
a. Student remains in the disciplinary placement during the evaluation.
b. If a request is made for an evaluation during the time the student is subjected
to disciplinary measures, the district conducts an expedited evaluation.
c. If the student qualifies for IDEA, the ARC develops an IEP and makes a
placement decision.