- 4. A parents/guardians' request that the meeting be postponed shall be granted for up to three additional school days. The district shall extend any suspension of the student for the period of postponement.
- 5. The IEP team shall determine if the misconduct was caused by, or a direct manifestation of, the student's identified handicap. The IEP team shall also determine if the student had been appropriately placed at the time the misconduct occurred.
- 6. In reaching its decision, the team shall base its decision on results of a comprehensive evaluation. (34 Code of Federal Regulations 104.35) In addition, it may base its decision on relevant information that has been acquired within three years of the date of the alleged misconduct.

########## Relevant information shall include all of the following:

- a. A review of the student's school progress and behavior, if available, including, but not limited to, a review of the student's individualized education program, teacher progress reports and comments, school health records, and school discipline records.
- b. A review of the ability of the student to conform his or her behavior to the prescribed standards, and a determination of the relationship, if any, between the student's behavior and his or her handicapping condition.
- 7. If the IEP team determines that the alleged misconduct was not caused by, or a direct manifestation of, the student's handicapping condition, and if it is determined that the student was appropriately placed, the student shall be subject to the applicable disciplinary actions and procedures prescribed for suspension and expulsions of all students.
- 8. The parent/guardian of each student with previously identified exceptional needs has a right to a due process hearing conducted pursuant to Section 1415 of Title 20 of the United States Code if the parent/ guardian disagrees with the decision of the IEP team.
- 9. If the state's special education due process hearing is initiated by the parent/guardian due to a disagreement with the IEP team recommendations, the district shall cooperate with the State Department of Education towards achieving an expeditious resolution to the disagreement.
- 10. If a parent/guardian demands a due process hearing concerning the IEP determination, the student shall remain in his then current placement pending resolution of the due process proceeding unless:

a. He or she has been suspended. Such suspension may not exceed five consecutive school days for a single incident of misconduct, unless extended by five additional days when the student poses an immediate threat to the safety of others. (Education Code 48911, Honig v. Doe b. The student and his or her parents/guardians agree to a change in placement. (Education Code 56505)

- c. A court order has been obtained permitting such a change in placement.
- d. The change is a "minor" change in program or services rather than a "significant" change in placement. (Doe v. Maher)

11. Parental consent is not required as a condition for expulsion proceedings or the decision to expel. (Education Code 48915.5) 12. If a student with a disability possesses at school or at a school activity a weapon as defined in the 18 USC

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