Discipline of Students with Disabilities
The Henry County Public Schools recognize the right of each student with disabilities to an appropriate education. Students identified as disabled are expected to follow the rules as outlined in the Code of Student Conduct. However, the dispositions may vary. Students are taught that there are consequences for their actions, especially when others are deprived of their rights.
Discipline is a valuable educational tool for training students to become good citizens. However, the placement of a student with disabilities may not be disrupted or terminated by longterm suspension for behavior related to the child’s disabling condition. Longterm suspension in Henry County is defined as more than ten (10) days during which time the student receives no educational services. Longterm suspension, indefinite suspension, or expulsions are considered to be a change of educational placement. The Individualized Education Program (IEP) team determines the interim alternative educational setting for services when it is determined the child’s behavior was not a manifestation of the disability; the removal is a change in placement; or the student is removed for a weapon, drugs, serious bodily injury violation. These disciplinary actions invoke the procedural protection of the Individuals with Disabilities Education Act. Short-term suspension is not considered to alter or change educational placement.
When suspension, in excess of ten (10) days cumulative, or expulsion is being considered, the school administrator shall convene the IEP team to determine if there is a causal relationship between the behavior and the child’s disabling condition. In addition, a functional behavioral analysis and a behavioral improvement plan or review may be conducted as required by state and federal law. If it is determined that there is no causal relationship, the student may be disciplined as any other student. Parents are to be involved in the process since a placement decision is at issue. An educational program shall be provided to all eligible students with disabilities. If it is determined that there is a causal relationship, the appropriateness of the child’s placement or program must be reassessed by the IEP committee or eligibility committee as appropriate. School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability as a result of discipline.
Students with disabilities who (1) carry or possess a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a state or local educational agency; (2) knowingly possess or use illegal drugs or sell or solicit the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency; (3) inflict serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency may be disciplined pursuant to Henry County School Board Policies JFCD, JFCF, JGDA or JGDB and may be placed in an interim alternative educational setting for up to forty-five (45) school days. This option is available without regard to whether a manifestation exists. If no manifestation is found, the student may be disciplined to the extent a student without disabilities would be disciplined.
Regarding students with disabilities, nothing in the Code of Student Conduct or in Disciplinary proceedings will deny students’ rights to services pursuant to IDEA.