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Discipline Procedures-Keep Your Eyes on the Road

Source: State: Arizona Department of Education
Topics: School and Academics, Special Education Laws and Legislation

School personnel may consider unique circumstances on a case-by-case basis to determine whether a change of placement is appropriate if your child violates a school code of student conduct.

  • The school may move your child to an interim alternative educational setting or suspend your child for a single conduct violation or separate incidents of misconduct for not more than 10 school days in a row.
  • Once your child has been removed from his/her current placement for a total of 10 school days in the same school year, the school district must provide services.
  • The services will enable your child to continue to participate in the general curriculum, although in another setting, and work on IEP goals.
  • A functional behavioral assessment and behavioral intervention plan must be provided, as appropriate.
  • If removal is a change of your child's placement, the IEP Team will determine appropriate services.
    • PWN is required for a change in placement
    • A manifestation determination will decide if the behavior was a result of your child's disability
    • Dispute Resolution is an option if you don't agree with the school's decision.

Additional Authority of School Personnel

The school is permitted, under IDEA 04, to remove your child from their special education placement to an interim alternative educational setting (determined by the IEP Team) for up to 45 days, if he/she has engaged in any of the following behaviors:

  • carrying or possessing a weapon to or at school, on school premises, or to or at a school function
  • possessing or using or selling illegal drugs or a controlled substance while at school, on school premises, or at a school function; or
  • inflicting serious bodily injury upon another person while at school, on school premises, or at a school
    function.

Nothing prohibits the school from reporting a crime committed by a child with a disability to appropriate authorities. The school reporting the crime will ensure that copies of the special education and disciplinary records of your child are transmitted for consideration by the appropriate authorities. These records will be provided only to the extent that is permitted by the Family Educational Rights and Privacy Act (FERPA).

 

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