DISCIPLINE OF SPECIAL NEEDS STUDENTS

The Individuals with Disabilities Education Act, 20 U.S.C. §1400, et seq., 34 C.F.R. §300.519, et seq., and Massachusetts General Laws c.71B require that additional provisions be made for disciplining students who have been found by an evaluation TEAM to have special needs and whose program is described in an Individual Educational Program (IEP). 

The I.E.P. for every special needs student will indicate whether the student can be expected to meet the regular discipline code or if the student’s handicapping conditions require modification.  Any such modification will be described in the IEP.  The Principal or designee will notify the Director of Student Services of the suspendable offense of a special needs student and a record will be kept of such notices.  In making a determination to discipline a student with a disability, school personnel may consider any unique circumstances on a case-by-case basis. 

Special needs students who violate the school district’s disciplinary standards may be subject to removal from their current placement for up to ten (10) cumulative school days to the same extent that such removal would be applied to students without disabilities.

For exclusions longer than ten (10) cumulative school days, the TEAM must meet to conduct a manifestation determination (i.e., make a finding as to the relationship between the student’s misconduct and his/her disability).  If the TEAM determines that there is no relationship between the misconduct and the disability, the student may be disciplined to the same extent as a student without a disability.  (However, the school must continue to provide services that enable the student to continue to participate in the general education curriculum and progress toward the goals contained within the IEP.)  If the TEAM determines that the conduct is a manifestation of the student’s disability or resulted from the school’s failure to implement the IEP, the TEAM must conduct a functional behavior assessment, or if one already exists review and modify it as necessary. The student will then return to the original setting unless the TEAM agrees to a new placement.

Under the following special circumstances, school personnel may change the placement of a special needs student to an interim alternative educational setting for up to forty-five (45) days if a student:

(1)   carries a weapon to school or to a school function;

(2)   knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school or at a school function; or

(3)   inflicts serious bodily injury on another.

If a parent disagrees with the result of a manifest determination hearing, or if school personnel are concerned that the student’s placement may result in injury to others, they may request a hearing with a Bureau of Special Education Appeals hearing officer.