For a student whose behavior impedes their learning or the learning of others, the Team considers the student’s behavior including positive behavioral interventions and the possible need for a functional behavioral assessment.
The district has a procedure to record the number and duration of suspensions from any part of the student’s program, including suspensions from special transportation prescribed by the IEP.
State Requirements
Federal Requirements
34 CFR 300.530
IDEA 2004 Final Regulations, Analysis of Comments and Changes, Federal Register 71 (14 August 2006): 46715
Rating:
Implemented
District Response Required:
No
CRITERION
NUMBER
Legal Standard
SE 45
Procedures for suspension up to 10 days and after 10 days: General requirements Any eligible student may be suspended up to 10 days in any school year without implementation of procedures described in criterion SE 46 below.
After a student with special needs has been suspended for 10 days in any school year, during any subsequent removal the public school provides sufficient services for the student to continue to receive a free and appropriate public education.
The school provides additional procedural safeguards for students with disabilities prior to any suspension beyond 10 consecutive days or more than 10 cumulative days (if there is a pattern of suspension) in any school year.
