the parent or legal guardian declines to attend or fails to attend after having been given notice, the committee may meet without them. The parent or legal guardian may have representation during the meeting at his or her own expense, if desired.
Page 50 The committee is to consider all relevant information including evaluation and diagnostic results, information supplied by the parents, observations of the student, the student’s IEP, placement, and records. The committee will then decide whether the misconduct is a manifestation of the disability. Minutes of the meeting shall be maintained. The minutes shall include those attending, the information considered, the consensus of the committee and the rationale for the decision. The Special Education case manager shall give written notice to the parent or legal guardian of the committee's decision and of procedural safeguards including the right to contest the committee's decision through a due-process hearing. The student may not be suspended from school for more than ten days while the manifestation committee process is being followed unless the parent or legal guardian gives permission in writing for a longer suspension or for a change in placement that may be home instruction. In the absence of parental consent, authorization for a longer suspension or change in placement may be sought from the court or from a hearing officer. Students with disabilities who (1) bring weapons to school or possess weapons on school premises or at a school function; (2) knowingly possess or use illegal drugs or sell or solicit the sale of a controlled substance while at school or a school function; or (3) inflict serious bodily injury if the injury is extraordinary may be removed from school for 45 calendar days and placed in an Interim Alternative Education Program (IAEP) without parental consent and regardless of whether the misconduct is a manifestation of the student's disability. This unilateral authority to remove the child from their IEP placement does not limit the authority of the administrator to recommend appropriate discipline. While proceedings are pending to contest the imposition of discipline, and except as provided above, the student must remain in his or her current educational placement which is the IAEP. If the committee determines that the behavior that is the basis of the proposed suspension is not a manifestation of the student’s disability, the student may be considered for a long -term suspension or expulsion through regular disciplinary procedures. The student still must be provided with a free appropriate public education, although in another setting. If the committee determines that the behavior that is the basis of the proposed suspension IS a manifestation of th e student’s disability, the student may not receive a long -term suspension or expulsion. The student may still be suspended for a maximum of ten days for this offense by following the short-term suspension requirements for students with disabilities.
- Fall '18
- secondary school students