##### Comprehensive School Safety Plan

District Office Garvey School District
Section 5: Suspension and Expulsion
Part 4: Suspension and Expulsion/Due Process (Student with Disabilities) AR 5144.2

A student identified as an individual with disabilities pursuant to the Individuals with Disabilities student identified as an individual with disabilities pursuant to the Individuals with Disabilities Education Act (IDEA) is subject to the same grounds for suspension and expulsion, which apply to students without disabilities. All the procedural safeguards established by district policies and regulations shall be observed in considering the suspension of special education students, including the requirement that, depending on the nature of the conduct, some form of in-school intervention be used prior to suspension to show that suspension was imposed only when other means of correction failed to bring about proper conduct. (Education Code 48900.5) However, a student may be suspended upon a first offense, as indicated in AR 5144.1.

For students who are in need or who are believed to be in need of special education or related services the Individualized Education Program (IEP) team shall convene when the student accumulates 10 days of suspension during the school year. The team shall meet as soon as possible after the tenth day of suspension to review the appropriateness of the student's placement, the need for any additional services, and the relationship, if any, between the identified disability and the misconduct.

The Superintendent or designee may suspend a special education student for up to five school days for a total of not more than 10 days for any one occurrence.

Procedures for Students Not Yet Eligible for Special Education Services

A student who has not been identified as an individual with disabilities pursuant to IDEA and who has violated the district's disciplinary procedures may assert the procedural safeguards granted under this administrative regulation only if the district had knowledge that the student was disabled before the behavior occurred. (20 USC 1415(k)(5))

The district shall be deemed to have knowledge that the student had a disability if one of the following conditions exists: (20 USC 1415(k)(5); 34 CFR 300.527)

- 1. The parent/guardian has expressed concern in writing, or orally if the parent/guardian does not know how to write or has a disability that prevents a written statement, that the student is in need of special education or related services.

2. The behavior or performance of the student demonstrates the need for such services, in accordance with 34 CFR 300.7.

3. The parent/guardian has requested an evaluation of the student for special education pursuant to 34 CFR 300.530-300.536.

- 4. The teacher of the student or other district personnel has expressed concern about the behavior or performance of the student to the district's director of special education or to other personnel in accordance with the district's established child find or special education referral system.

The district would be deemed to not have knowledge as specified in items 1 through 4 above if, as a result of receiving such information, the district either conducted an evaluation and determined that the student was not a student with a disability or determined that an evaluation was not necessary and provided notice to the

2 2