DISCIPLINE CHECKLIST

Discipline Checklist

1. Student removed for not more than 10 school days in a year

district is not required to provide services (unless services provided to non-disabled)
no FBAP/BIP review or manifestation determination is required
subsequent removals for not more than 10 school days permitted but see #2 below

2. Student removed for more than 10 school days (cumulative) in a school year and #3 is not applicable

for remainder of the removal (and each subsequent removal), district must provide services to enable child to progress in the general curriculum and advance toward achieving the goals in the IEP
how these services shall be provided is determined by school personnel in consultation w/ the child's special education teacher
w/in 10 business days of 11th day of removal, IEPT meeting to do a BIP review or FBAP; post FBA IEPT meeting to develop appropriate behavioral interventions
if child subsequently removed again and it is not a change of placement (see #3 below), IEP team members review BIP and implementation w/o meeting and determine if modifications are necessary; if an IEP team member believes modifications are needed, the team must meet

3. Student removed for more than 10 consecutive school days or pattern of removal--change in placement or CIP (includes long-term suspension or expulsions)

if any non-CIP days available, district may do pursuant to #1 or #2 above
district must provide services to enable child to progress in the general curriculum and advance toward achieving goals in IEP (determined by IEP team)
w/in 10 business days of commencing CIP, do a BIP review/FBAP; post FBA must convene IEPC to develop appropriate behavioral interventions
w/in 10 school days of decision to invoke, IEP team and other qualified personnel must do a manifestation determination
provide notice of decision and procedural safeguard notice on date decision to remove is made

4. Student removed for weapons or drugs/45-day interim alternate placement (IAP)

school personnel can make the decision to do a 45-day IAP, however, the setting is determined by the IEP team
the IAP setting must enable child to progress in the general curriculum and advance toward achieving goals in the IEP, and include services and modifications to address the behavior which are designed to prevent the behavior from recurring
w/in 10 business days of commencing CIP, do a BIP review or FBAP; post FBA must convene IEPC to develop appropriate behavioral interventions
w/in 10 school days of decision to invoke, IEP team and other qualified personnel must do a manifestation determination
provide notice of decision and procedural safeguard notice on the date decision to remove is made

5. Student removed due to "dangerousness"/45 day IAP

must go to hearing officer (or court) to get the 45 day IAP
school personnel in consultation with special education teacher determine the IAP setting being sought from hearing officer (or court)
the IAP setting must enable child to progress in the general curriculum and advance toward achieving goals in the IEP, and include services and modifications to address the behavior which are designed to prevent the behavior from recurring
not required to do a BIP review/FBAP but may assist in convincing HO to order a 45 day IAP
w/in 10 school days of decision to invoke, IEP team and other qualified personnel must do a manifestation determination
provide notice of decision and procedural safeguard notice on date decision to remove is made