Special Education Discipline

Disciplining Special Education Students

Students with disabilities are subject to the provisions of Section I of the Standards of Student Conduct and may be disciplined to the same extent as a nondisabled student provided the manifestation review committee determines that the violation was not a manifestation of the student’s disability. The provisions of Policy JGDA (Disciplining Students with Disabilities) will be followed in addition to the regular disciplinary procedures.

Additional authority to remove a student with a disability from school for a weapons violation:

1. In addition to the authority granted in subsection A above, a student with a disability may also be removed without parent consent and assigned to an interim alternative education program by school personnel for not more than forty-five (45) school days when the student carries to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of a state or local educational agency. This option is available regardless of whether a manifestation exists. The removal should not be in excess of any removal imposed on a student without a disability for the same offense.

2. For purposes of this forty-five (45) school-day removal, the weapon must meet the following definition:
“a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.”