Suspension greater than 10 days (long term suspension)
A special education student may be suspended more than ten days if it is determined that the inappropriate behavior is not a manifestation of the student's disability. A manifestation hearing should be scheduled prior to the accumulation of ten days of suspension.

1. The school principal or designee will inform the special education director by telephone about the student misconduct, complete Form SP125, and forward it to the district special education department.

2. The school principal or designee will send a copy of Form SP125, prior written notice, a meeting notice, and procedural safeguards to the parents at least five school days prior to the meeting. The special education director will be notified.

3. The student will remain in his or her current placement until the hearing. If the manifestation team or IEP team determines that the misconduct is not substantially related to the student's disability, the student will be disciplined the same as non-disabled students. The student must continue to receive appropriate educational services.

4. If the manifestation team determines that the misconduct is substantially related to the student's disability, the team will provide the parents prior written notice and convene the IEP team to review the appropriateness of the IEP and placement. (The manifestation team is often the IEP team, and the IEP can be reviewed at the same meeting as long as prior written notice and procedural safeguards have been provided to the parents.)

5. The IEP team will amend the IEP as needed, provide prior written notice before implementing the amended IEP, and contact the special education director if out-of-district placement options are needed.

6. If placement is changed and there is not a behavior plan in the IEP, the IEP team will develop a functional behavior assessment and plan.

Special education services are not to be interrupted during the manifestation process or long-term suspension. If it is determined that the behavior was not a manifestation of the student's disability and the student is suspended beyond 10 days, educational services, including access to the general curriculum, must continue.

This may limit the administrator's ability to impose a long-term suspension for a special education student because of the difficulty in providing access to the general curriculum. The special education director can provide assistance in using an out-of-district placement option.

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