and placement were appropriate and whether supplementary aids, services, and behavioral intervention strategies were provided consistent with the student's IEP and placement. The team shall also determine that the student's disability did not impair the ability of the student to understand the impact and consequences of the behavior, nor did it impair his or her ability to control the behavior subject to the disciplinary action. (20 USC 1415(k)(4); 34 CFR 300.523) If the team determines that the student's behavior was not a manifestation of his or her disability, then the student may be disciplined in accordance with the procedures for students without disabilities, as long as the student continues to receive services to the extent necessary to provide that student a free and appropriate public education. (20 USC 1415(k)(4); 34 CFR 300.524) If the team determines that the student's behavior was a manifestation of his or her disability, then the student's placement may be changed only via the IEP process. (20 USC 1415(k)(4))

########## Due Process Appeals

If the parent/guardian disagrees with a decision that the behavior was not a manifestation of the student's disability or with any decision regarding placement, he or she has a right to appeal the decision. (20 USC 1415(k)(3); 34 CFR 300.525) If the student's parent/guardian initiates a due process hearing to challenge the interim alternative educational setting or the manifestation determination, the student shall remain in the interim alternative setting pending the decision of the hearing officer or the expiration of the 45-day time period, whichever occurs first, unless the parent/guardian and district agree otherwise. (34 CFR 300.526) If school personnel maintain that it is dangerous for the student to be placed in the current placement (placement prior to removal to the interim alternative education setting), during the pendency of the due process proceedings, the Superintendent or designee may request an expedited due process hearing. (34 CFR 300.526)

########## Expulsion

The Board of Education may expel a student who is in need or believed to be in need of special education or related services only if an individualized education program team has determined that (1) the misconduct was not caused by, or a direct manifestation of, the student's identified handicap; and (2) the student was appropriately placed at the time the misconduct occurred. (Education Code 48915.5) If a student is in need or believed to be in need of special education or related services at the time the recommendation for expulsion is made, the procedures and timelines governing expulsion shall be the same as those for other students recommended for expulsion specified in AR 5144.1, except that an Individualized Education Program (IEP) team meeting shall be held under conditions and with possible consequences as follows: (Education Code 48915.5)

- 1. The IEP meeting shall be held within four school days after recommendation for expulsion by the site administrator, unless the Superintendent or designee extends the suspension to 10 days. In the event of an extension, the IEP meeting shall be held within 10 days after the recommendation for expulsion by the site administrator.
- 2. The parent/guardian shall be notified of his or her right to participate in the meeting at least 48 hours before the meeting.
- 3. Unless a parent/guardian has requested a postponement, the meeting may be conducted without the parents/guardians' participation.

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