In a matter involving a student with exceptional needs, the Board of Education may order the student expelled only after the parent, district, and relevant members of the Individualized Education Program (IEP) team has conducted a manifestation determination review and determined that the student's conduct subject to discipline is not a manifestation of the student’s disability.
The student's parent or guardian is immediately notified of a decision to recommend expulsion, and is provided the procedural safeguards notice and informed of their right to participate in the manifestation determination review meeting. The meeting must be held within ten school days of the decision to recommend expulsion.
The district, parent, and relevant members of the IEP team must review all relevant information in the student’s file, including the IEP, teacher observations, and any relevant information provided by parents to determine:
- If the conduct for which the student is recommended for expulsion was caused by, or had a direct and substantial relationship to, the child’s disability; or
- If the conduct for which the student is recommended for expulsion was the direct result of the district’s failure to implement the IEP.
If either of the above applies, the conduct is determined to be a manifestation of the child’s disability. If so, the IEP team shall conduct a functional behavior assessment (if not already done) and either implement a behavior intervention plan (BIP), or review and modify an existing BIP as necessary to address the behavior. The child must also be returned to the placement from which they were removed, unless otherwise agreed by the parent and district, or in the case of special circumstances (offenses involving weapons, drugs, and/or serious bodily injury) warranting placement in an interim alternative educational setting for 45 school days.
If the conduct is deemed not to be a manifestation of the child’s disability, the district may apply the same disciplinary procedures that apply to children without disabilities, except that services must continue to be provided to the child with a disability, although in another setting.
As permitted by the Individuals with Disabilities Education Act, either the parent or district may appeal the decisions made by the manifestation determination review.
AR 5144.2 - SUSPENSION AND EXPULSION (STUDENTS WITH DISABILITIES)
Notice of Procedural Safeguards