Safe School Plan - William S. Hart Union High School District

AR 5144.2 (d)
SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH DISABILITIES) (continued)
Procedural Safeguards/Manifestation Determination
Either before or not later than 10 days after a student has been suspended for more than 10 days or placed in an
alternative educational setting, the district shall convene an IEP team meeting to conduct a functional behavior
assessment and implement a behavioral intervention plan. If the student already has a behavioral intervention plan,
the IEP team shall review the plan and modify it as necessary to address the behavior. (20 USC 1415)
(cf. 6159.4 - Behavioral Interventions for Special Education Students)
The following procedural safeguards shall apply when a student is suspended for more than 10 days, when
disciplinary action is contemplated for a dangerous behavior as described above, or when a change of placement of
more than 10 days is contemplated:
(20 USC 1415)
1. The parents/guardians of the student shall be immediately notified of the decision and all procedural safeguards on
the day the decision to take action is made.
2. No later than 10 school days after the date of the decision, a manifestation determination shall be made of the
relationship between the student's disability and the behavior subject to the disciplinary action by the IEP team.
At this hearing, the IEP team shall consider:
a. Evaluation and diagnostic results.
b. Observations of the student.
c. The student's IEP placement.
The team shall then determine whether the IEP and placement were appropriate; supplementary aids services, and
behavioral interventions were provided; and that the student understood and could control his/her behavior. (20
USC 1415)
If the team determines that the student's behavior was not a manifestation of his/her disability, then the student may be
disciplined in accordance with the procedures for students without disabilities. (20 USC 1415)
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