(C) Suspension or expulsion of students with disabilities – The Superintendent, Director of Special Education and building
principals make sure that appropriate procedures are followed in the suspension and expulsion of children and youth
with disabilities.
If the suspension is less than ten (10) days in length and is utilized as a temporary disciplinary measure for a minor
infraction with no further disciplinary action planned, then an ARC meeting is not required unless requested by the
parent or principal or other service providers. However, for an aggregate of 10 days of suspension for the year, or where
expulsion is contemplated, the Administrative ARC convenes. If K.C.S.D. considers a suspension that will cumulatively
exceed ten (10) days during a school year, parents are provided notice of a proposed action and notice of an ARC meeting
according to Section V of these policies and procedures. Suspension of a child or youth with disabilities for more than
ten (10) days during a school year constitutes a change of educational placement. When the Administrative ARC convenes
to consider suspension or expulsion, the Administrative ARC determines:
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1. If the IEP and placement are appropriate and being fully implemented and correctly implemented according to policies
and procedures in 6.0 Individual Education Program and 7.0 Placement in the Least Restrictive Environment; and
2. Whether the behavior or misconduct is a manifestation of the disability.
If the Administrative ARC finds that the IEP placement is not appropriate or not being fully and correctly
implemented, appropriate modifications are determined (according to policies and procedures in 6.0 Individual
Education Program and 7.0 Placement in the Least Restrictive Environment) and no further disciplinary action occurs.
If the Administrative ARC finds that the IEP placement is appropriate and being fully and correctly implemented,
then it considers whether the behavior or misconduct was a manifestation of the disability.
To determine if the behavior is a manifestation of the disability of the child or youth, the Administrative ARC asks
the following question:
Does the disability impair or adversely affect the behavior of the child or youth?
If the answer to the question is "yes," the Administrative ARC determines that the behavior of a child or youth
with a disability is related to the disability and the child or youth is not subject to further suspension or expulsion. The
summary recorder documents the rationale and the decision of the Administrative ARC on the meeting summary
including:
1. The decision of the Administrative ARC;
2. A description of any evaluation procedure, test, record, or report the Administrative ARC used in its determination;
and
3. A description of any other factors that are relevant to the Administrative ARC's determination.
Within two (2) working days of the Administrative ARC meeting, the Administrative ARC Chairperson sends written
documentation of the Administrative ARC's determination to the Superintendent.
If the answer to the question is "no," and the ARC determines that the behavior is not related to the disability of the
child or youth, the summary recorder documents the ARC's decision on the meeting summary including:
1. The decision of the ARC;
2. A description of any evaluation procedure, test, record, or report the ARC used to
reach its decision;
3. Any other factors relevant to the ARC's decision.
Within two (2) working days of the ARC's determination that the behavior is not related to the disability of
the child or youth, the ARC Chairperson informs the Superintendent of the ARC's decision. If this determination
is made, the Superintendent may recommend expulsion to the K.C.S.D. Board according to K.C.S.D.'s regular policies and
procedures for expulsion.
If the parent disagrees with KCSD personnel that the behavior is not related to the disability, the parent may request
a due process hearing according to policies and procedures in Section XI and the child remains in his current educational
placement during any administrative or judicial proceedings unless the ARC and the parent agree otherwise according
to policies and procedures in Section XIII.
KCSD personnel may seek injunctive relief through the courts if the parent and other members of the ARC
cannot agree upon a placement. KCSD personnel must show that maintaining the child or youth in the current placement
will substantially likely result in injury to the child or youth or to others.
If KCSD personnel and the parent disagree upon a placement, the building principal, DSE and the
Superintendent meet to review the ARC meeting summaries, IEP's and ongoing progress of the child or youth and interview
appropriate KCSD personnel to determine if KCSD personnel have implemented a variety of interventions and placements.
If the DSE, building principal and the Superintendent determine sufficient interventions and placements have been