Code of Discipline

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Code of Discipline

Discipline of Students with Disabilities
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The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities are entitled to certain procedural protections whenever school authorities intend to impose discipline upon them. While the school has the authority to suspend or remove a child for violating the code of conduct, the parent and child have certain rights throughout the process.

This code of conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.

A. Authorized Suspensions or
Removals of Students with Disabilities

1. For purposes of this section of the code of conduct, the following definitions apply.

A "suspension" means a suspension pursuant to Education Law § 3214.
For purposes of change in placement, a "removal" means a removal of a student with a disability for disciplinary reasons from that student’s current educational placement, other than suspension; and the change of placement of a student with a disability to an Interim Alternative Educational Setting (IAES) by a superintendent of schools for behavior involving weapons, illegal drugs or controlled substances, behavior involving serious bodily injury, or by an impartial hearing officer in a dangerous situation.

2. School personnel may order the suspension or removal of a student with a disability from his/her current educational placement including:

An interim alternative educational setting or suspension for a period not to exceed five consecutive school days, the same amount of time a non-disabled student would be suspended for the same behavior.
An interim alternative educational setting, another setting or suspension for up to 10 consecutive school days, the same amount of time a non-disabled student would be suspended for the same behavior.
The superintendent may order the placement of a student with a disability in an interim alternative educational setting to be determined by the Committee on Special Education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than 45 days, if the student carries or possesses a weapon to school or to a school function, the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function, or engages in behavior that results in serious bodily injury.

3. Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an interim alternative educational setting for up to 45 days at a time, if maintaining the student in his/her current educational placement poses a risk of harm to the student or others.

4. At the end of the 45-day period, the student must be returned to his/her educational setting unless other provisions have been specifically enacted.

Change of Placement Rule

Special Rules Regarding the Suspension or Removal
of Students with Disabilities

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