Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-8-9 - SPECIAL EDUCATION SERVICES › Section 290-8-9-.09 - Discipline Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
When the IEP Team, including the parents, agrees to a change in
				placement for disciplinary reasons, there is no requirement to implement the
				following discipline provisions.
(1)
Authority of School Personnel.
(a) School personnel may consider any unique
			 circumstances on a case-by-case basis when determining whether a change in
			 placement, consistent with the other requirements of this section, is
			 appropriate for a child with a disability who violates a code of student
			 conduct.
(b) School personnel under
			 this section may remove a child with a disability who violates a code of
			 student conduct from his or her current placement to an appropriate interim
			 alternative educational setting, another setting, or suspension, for not more
			 than ten (10) consecutive school days (to the extent those alternatives are
			 applied to children without disabilities), and for additional removals of not
			 more than ten consecutive school days in that same school year for separate
			 incidents of misconduct (as long as those removals do not constitute a change
			 of placement).
(c) After a child
			 with a disability has been removed from his or her current placement for ten
			 (10) school days in the same school year, during any subsequent days of removal
			 the public agency must provide services to the child with a disability who is
			 removed from the child's current placement. The child must continue to receive
			 educational services, so as to continue to participate in the general education
			 curriculum, although in another setting, and to progress toward meeting the
			 goals set out in the child's IEP, and receive, as appropriate, a functional
			 behavioral assessment and behavioral intervention services and modifications,
			 that are designed to address the behavior violation so that it does not
			 recur.
(d) For disciplinary changes
			 in placement that would exceed ten (10) consecutive school days, if the
			 behavior that gave rise to the violation of the school code is determined not
			 to be a manifestation of the child's disability pursuant to this rule, school
			 personnel may apply the relevant disciplinary procedures to children with
			 disabilities in the same manner and for the same duration as the procedures
			 would be applied to children without disabilities. When there is a change of
			 placement, the child must continue to receive educational services, so as to
			 enable the child to continue to participate in the general education
			 curriculum, although in another setting, and to progress toward meeting the
			 goals set out in the child's IEP; and receive, as appropriate, a functional
			 behavioral assessment, and behavioral intervention services and modifications,
			 that are designed to address the behavior violation so that it does not recur.
			 The educational services may be provided in an interim alternative
			 setting.
(e) A public agency is
			 only required to provide services during periods of removal to a child with a
			 disability who has been removed from his or her current placement for ten (10)
			 school days or less in that school year, if it provides services to a child
			 without disabilities who is similarly removed.
(f) After a child with a disability has been
			 removed from his or her current placement for ten (10) school days in the same
			 school year, if the current removal is for not more than ten (10) consecutive
			 school days and is not a change of placement under this rule, school personnel,
			 in consultation with at least one of the child's teachers, determine the extent
			 to which services are needed so as to enable the child to continue to
			 participate in the general education curriculum, although in another setting,
			 and to progress toward meeting the goals set out in the child's IEP.