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Behavioral Intervention Policy Regarding Students with Disabilities

by Dawn Oltmanns

Central Community Unit School District No. 4  7:230

Misconduct by Students with Disabilities

Behavioral Interventions
Behavioral interventions  shall be  used with students with  disabilities to promote and strengthen
desirable behaviors and reduce identified inappropriate behaviors.  The District will establish and
maintain a committee to develop, implement, and monitor  procedures on the  use of  behavioral interventions  for  children with  disabilities.   The  committee  shall  review  the State  Board  of Education’s  guidelines  on the use of  behavioral  interventions  and use  them  as a  non-binding reference.   This  policy  and  the  behavioral  intervention  procedures  shall  be  furnished  to the parent(s)/guardian(s) of  all  students with  individual  education  plans  within 1 5 days after their adoption or amendment by, or presentation to, the Board or at the time an individual education plan is  first  implemented  for a student; all students  shall be informed annually of the existence of this policy and the procedures.    At the annual  individualized  education  plan  review, a  copy of this  policy shall be given to the parent(s)/guardian(s).  The policy and procedures shall be explained.  A copy of the procedures shall be available, upon request of the parent(s)/guardian(s).

Discipline of Special Education Students
The District shall  comply with the provisions of the  Individuals With Disabilities Education Act (IDEA) when disciplining students.   No special education student shall be expelled if the student’s particular act of gross disobedience or misconduct is a manifestation of his or her disability.   Any special  education student whose gross  disobedience or misconduct is not a manifestation of his or her disability  may be expelled  pursuant  to the expulsion  procedures, except  that  such  disabled student  shall continue to receive educational services as provided in the IDEA during such period of expulsion.

A special  education  student may be  suspended for periods of no more than 10 consecutive school days each in response to separate incidents of misconduct, regardless of whether the student’s gross disobedience  or  misconduct  is a  manifestation of his or her  disabling  condition, as  long  as  the repeated  removals  do not constitute  a pattern  that amounts to a change in placement (considering factors  such as length  of each removal, the  total  amount  of time the student is removed, and the proximity  of the removals to  one another) and  provided  that  such  student  receives  educational services to the extent required by the IDEA during such removals.

Any special education student may be temporarily excluded from school by court order or by order of  a  duly  appointed  State  of  Illinois  hearing  officer  changing  the  student’s  placement  to an appropriate  interim  alternative  educational  setting for up to 45 days, if  the  District demonstrates that maintaining the student in his or her current placement is substantially likely to result in injury to the student or others.

A  special  education  student who has  carried a weapon to school or to a school function or who knowingly   possesses  or uses  illegal  drugs or  sells or  solicits the  sale of a controlled substance while  at school  or a school function may  be removed from his or her current placement.   Such a student shall be placed in an appropriate interim alternative educational setting for no more than 45 days in accordance with the IDEA.   The length of time a student with  a disability is placed in an alternative educational setting must be the same amount of time that a student  without a  disability would be subject to discipline.

                                                                                                                                 

LEGAL REF:     Individuals With Disabilities Education Act, 20 U.S.C. §1400 et seq.
                          Gun-Free Schools Act, 20 U.S.C. § 3351 et seq.
                           34 C.F.R. §§ 300.121(d), 300.519, 300.521, 300.522,        300.523, 300.524, 300.528.
                           105 ILCS 5/10-22.6 and 5/14-8.05
                           23 Ill. Admin. Code §§ 226.40, 226.400(a), 226.410, 226.520, and 226.655.
                           Honig v. Doe, 108 S.Ct. 592 (1988)

CROSS REF:      2:150 (Committees), 6:120 (Education of Children with Disabilities), 7:130
                           (Student Rights and Responsibilities), 7:190 (Student Discipline), 7:200
                           (Suspension Procedures), 7:210 (Expulsion Procedures), 7:220 (Bus Conduct)

ADOPTED:         March 28, 2005

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