005.28.20 Ark. Code R. § 005 Dese Rules Governing Special Education and Related Services, Sec. 11.00 Discipline Procedures

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 005.28.20 Ark. Code R. § 005

ARKANSAS DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING SPECIAL EDUCATION AND RELATED SERVICES 11.00 DISCIPLINE PROCEDURES Effective June 1, 2020

11.01 CHANGE OF PLACEMENT BECAUSE OF DISCIPLINARY REMOVALS

11.01.1 For purposes of removals of a child with a disability from the child's current educational placement under 34 CFR 300.530 -300.535, a change of placement occurs if- 11.01.1.1 The removal i s for more than ten (10) consecutive school days; or 11.01.1.2 The child has been subjected to a series of removals that constitute a pattern because the series of removals total more than ten (10) school days in a school year, and because of factors such as the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another. The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings.

11.02 SERVICES

11.02.1 A child with a disability who is removed from the child's current placement pursuant to this section must - 11.02.1.1 Continue to receive educational services, as provided in 34 CFR 34Free appropriate public education (FAPE)300.101(a), so as to enable the child to continue to participate in the general education curriculum although in another setting, and to progress toward meeting the goals set out in the child's IEP; and 11.02.1.2 Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

11.02.2 The services required by paragraph 11.02.1 of this section may be provided in an interim alternative educational setting.

11.02.3 A public agency is only required to provide services during periods of removal to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a child without disabilities who is similarly removed.

11.02.4 After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under 34 CFR 34Change of placement because of disciplinary removals300.536, school personnel, in consultation with at least one of the child's teachers determine the extent to which services are needed, as provided in 34 CFR 34Free appropriate public education (FAPE)300.101(a), so as to enable the child to continue to participate in the general education curriculum although in another setting, and to progress toward meeting the goals set out in the child's IEP.

11.02.5 If the removal is a change of placement under 34 CFR 34Change of placement because of disciplinary removals300.536, the child's IEP Team determines appropriate services under 11.02.1 of this section.

11.03 AUTHORITY OF LEA/PUBLIC AGENCY PERSONNEL

11.03.1 Case-by-case determination School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with a disability who violates a code of student conduct.

11.03.2 To the extent removal would be applied to children without disabilities, the removal of a child with a disability who violates a code of a student conduct, from the child's current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to children without disabilities), and additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under 34 CFR 34Change of placement because of disciplinary removals300.536 and § 11.04.3 of this part);

11.03.3 After a child with a disability has been removed from his current placement for more than 10 school days in the same school year, during any subsequent days of removal the LEA/public agency must provide services to the extent required under 34 CFR 34Free appropriate public education (FAPE)300.101(a) and § 11.02 of these rules.

11.03.4 Additional authority. For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability pursuant to §11.05 school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities except as provided in 11.02 of this section.

11.03.5 Special circumstances. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the child- 11.03.5.1 Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA; 11.03.5.2 Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or 11.03.5.3 Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA.

11.03.6 Notification. On the date on which the decision is...