Adopted:          08/18/2008

                                                                                                        447.3 Rule (3)

School District of Prairie Farm

Procedures for Considering Expulsion of Students with Disabilities

1. The Director of Special Education shall call an IEP (Individual Education Program) meeting to determine whether the student’s behavior is caused by, or had a direct and substantial relationship to his/her disability, determine whether the student’s behavior is the result of an inappropriate placement, and consider the action to be recommended.

a. Persons to be present at the group meeting must include:

1. The Director of Special Education or a program support teacher who was a member of this student’s IEP Team or is knowledgeable about the evaluation procedure used with the student and is familiar with the results of the evaluation

2. The student’s teacher

3. The student’s school counselor

b. In addition, the following persons should be invited to this meeting:

1. One or both of the student’s parents/legal guardians

2. The student, where appropriate

3. Other individuals at the discretion of the parent(s)/guardian(s) or agency

2. After the IEP meeting, written notice shall be provided to the student’s parent(s)/guardian(s) which includes the following:

a. Date and location of the IEP meeting;

b. IEP Team participants;

c. Sources of information used in reaching decision(s);

d. The decision(s) regarding the relationship of the disability to the behavior and the appropriateness of the placement;

e. Notice of the right to a due process hearing regarding the IEP's decision on the relationship of the disability or placement to the behavior, and

f. Notice of the rights regarding an expulsion hearing in cases where the disability or placement has been determined not to relate to the student’s behavior.

3. If the IEP Team determines that the student’s behavior is not caused by, or had a direct and substantial relationship to the child's disability and is not the result of an inappropriate placement, the Director of Special Education or appropriately certified designee shall review and consider approval of the IEP Team report and shall present it to the Board in writing via the “Request for Administrative Review” form. In such cases, the Board may consider the expulsion of the disable student.

4. If the IEP Team determines that the student’s behavior had a direct and substantial relationship to the disability, or is the result of an inappropriate placement, a different placement or revised program shall be considered and offered. If necessary, an Interim Alternative Educational Placement may be invoked during the period of time the new placement of program is being developed. A student with disabilities may not be expelled from school if this determination is made.

CROSS REF.: 447.3 Suspension and Expulsion of Students

                                    447.3-Rule(2), Expulsion Hearing Procedures

                                    Special Education Handbook

                                    Individuals with Disabilities in Education Improvement Act                                             (IDEIA) 2004