Suspensions: BULLYING AND SUSPENSION

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Jessica:  Are there special situations that prevent a child with an IEP to be suspended when they are harrassing, bullying, and making terroristic threats to other children.

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Chuck

A state could have this in their rules. More likely they would give administrator discretion in making these decisions, but most administrators do not like to make exceptions. IDEA regulations (300.530(a) say school staff “may consider any unique circumstances on a case-by-case basis when determining” if a change in placement due to a violation of the code of student conduct is appropriate.

Josh

Look up the “10 day rule”. Basically, schools must hold a Manifestation Determination to determine whether, or not, the actions are because of the child’s disability. If it is determined to be unconnected to their disability, then they can move to expel, change placement, etc. Because the student is on an IEP, they will have to ensure that the educational services are still being provided, whether or not the actions are related to his/her disability.