(M) SUSPENSION/EXPULSION PROCEDURES FOR EXCEPTIONAL STUDENTS
In cases where disciplinary action involves exceptional (special education) students and students who have been referred
for evaluation for possible special education placement and/or related services, the following procedure shall be followed:
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(1) Suspension –A disabled child may be suspended temporarily without the special education change of placement
procedures (KRS 158.150 and OAG 78-637 outlines due process requirements which must be followed in suspension
of all children). If suspension is essential to protect persons or property or to avoid disruption of the ongoing
educational process, then:
(a) The student must first be granted an informal hearing and then may be suspended;
(b) As soon as practicable, a SBARC must be convened to determine whether the discipline problem is related to
the student's disabling condition (manifestation determination).
(c) If the discipline problem is determined to be related to the disabling condition, the suspension is immediately
lifted, and the SBARC must consider the appropriateness of the placement and/or the IEP.
(d) If the problem is determined to be unrelated to the disabling condition, then the student will be disciplined
according to the District's Student Code of Conduct or the school's Student Handbook.
(e) In the case of the above (4), exceptional students may be suspended for no more than ten (10) cumulative
days per school year. If suspension total more than ten (10) days, education services must be provided as
agreed upon by the ARC.
(2) Expulsion – In very extreme cases where other formal methods of discipline have proven ineffective or
inappropriate, expulsion may be necessary. The following shall be followed:
(a) A disabled child may be expelled as long as appropriate admission and release committee procedures are
followed with a committee determination that the child's disruptive behavior was not a result of the
handicapping condition;
(b) A disabled child may not be expelled if the committee determines that the child's disruptive behavior was a result
of the handicapping condition;
(c) Even if the child is expelled through the appropriate procedures, there must not be a complete cessation of
educational services. Therefore, if a disabled child is expelled, alternative services must be provided.
4. DUE PROCESS
Due process includes those rights which accrue to a student accused of violating school regulations and which may be
brought to his defense at a disciplinary conference or hearing pending possible suspension or expulsion from school.
(A) Suspension – In the event the discipline of a student is to deny attendance to a single class, or any portion of a school
day, or for one or more days not exceeding 10 days, a conference with the school principal or his/her head teacher shall
first be conducted with students as follows:
(1) An oral and written notice of the rule which has been violated (including the specific act committed), shall be provided
the student;
(2) An explanation of the evidence and/or witness, if any, in support of the charges shall be provided to the student, except
in cases where it is believed that giving particular witnesses' names may subject the witnesses to harassment;
(3) The student shall be provided the opportunity to present his/her explanation and rebut the evidence;
(4) An oral and written explanation of the consequences, which shall include the dates and duration of the suspension
which may be imposed, shall be provided to the student;
(5) In the event the student is denied attendance, the parents or guardians of the student shall as soon as reasonably
possible be notified by letter, certified letter, signed receipt or personal message of the reason for the student's
suspension and the duration of the suspension.
(B) Expulsion – In cases where expulsion has been recommended, the same procedures as that outlined above must be
adhered to. In addition:
(1) Upon recommendation of expulsion by the principal, a student's case shall be referred to a hearing officer (Director
of Pupil Personnel or Superintendent's designee) for review. The hearing officer may reverse expulsion and develop
alternative discipline and/or send student to alternative school or recommend student's case to board for expulsion;
(2) The hearing must be held before the Board of Education and must precede the required expulsion;
(3) Notice of the hearing should be given five days before it is held;
(4) The student may be represented at the hearing by any person of his/her parents'/guardian's choice.