Guidelines for Students with Disabilities
In compliance with federal and state laws, students with a documented disability (Individual Educational Plan or Section 504 Plan) have specialized procedures that must be followed in the case of the student violating the Student Code of Conduct. All students are given due process rights relative to student discipline under Section 380.1311 of the Michigan School Code. The Individuals with Disabilities Educational Act (IDEA) requires a Manifestation Determination Review (MDR) by the Individual Educational Planning Team (IEPT) immediately, if possible, but in no case later than ten school days after the date on which the decision to take disciplinary action is made. The IEPT must conduct the MDR in a meeting to determine if the behavior requiring disciplinary measures of the student is a part of his/her disability.
During the MDR, relevant information must be considered including evaluations and diagnostic results of the student, observations of the student and the student’s IEP or 504 Plan and placement. If the team determines that the behavior of drugs or weapons or serious bodily harm is a part of the student’s disability, then the school district may seek relief from a hearing officer to remove the student from school for up to 45 school days. The IEPT must take immediate steps to ensure an interim alternative educational setting that will continue the student’s progress toward the IEP goals.
If it is determined in the MDR that the student’s behavior subject to discipline is not a part of his/her disability, then the case is forwarded to Student Services for the disciplinary procedures applicable to students without disabilities except for continued services as a part of the student’s progress toward the IEP goals.
An administrator from Student Services needs to be notified and consulted immediately on all cases regarding serious misconduct of the Student Code of Conduct by students with disabilities. This includes students with an IEP or Section 504 Plan.
If a parent or guardian requests a hearing regarding disciplinary actions for drugs or weapons to
challenge the interim alternative educational setting and/or the manifestation determination, the student shall remain in the interim alternative educational setting for up to 45 school days as assigned. At the end of the period of removal, the student returns to the placement in effect prior to the interim alternative setting unless otherwise specified on the IEP.
- Students may be suspended for one (1) to ten (10) days upon a violation of the Student Code of Conduct.
- There is no change of educational status.
- A parent/guardian contact is required prior to or as soon as possible after the issuance of the suspension for a student with an IEP or 504 Plan.
- Any time a student with an IEP accumulates more than 10 days of suspension in a school year, a new IEPT meeting must be held.
- In the event of a student with an IEP being excluded or expelled, the goals from the IEP must be followed.
- In consultation with Student Services, the IEPT must develop a plan to meet the goals of the IEP during the interim alternate placement.
- The IEPT must develop or review as appropriate, a behavior intervention plan. A functional behavioral assessment must be conducted or reviewed as soon as practicable and presented at the IEPT when a student has accumulated the 11th day of suspensions in a school year.
Violation of Drug or Illegal Substance Use or Possession, Weapons or Firearms
- A student may be placed in an interim alternative educational setting determined by an IEPT/MDR meeting for up to forty-five (45) school days.
- Penalties for possession/use of illegal substances, weapons or firearms are cumulative throughout the student’s educational tenure with the Kalamazoo Public Schools and are applicable to the school calendar year (August – July).
An emergency situation exists when there is a substantial chance of injury to the student or others.
- A suspension for not more than ten (10) days from the incident may be given.
- An IEPT meeting must be convened within ten (10) days after the short-term suspension begins.
- Long-term suspension procedures must be completed within ten (10) school days.