 |
 |
 |
 |
 |
 |
 |
Date last edited: 03/31/2008
|
|
|
|
|
|
|
|
A Suspension of More Than 10 Consecutive School Days - Special Education Student A suspension of less than 10 days. When the school system seeks to suspend a special education student for more than 10 days. the Individual Education Plan team must meet within 10 days of the student's removal from school. This is called the manifestation / causal meeting. At this meeting, the Individual Education Plan team determines if the alleged behavior is related to the child's disability or not. Disability Related Behavior - If the Individual Education Plan team determines that the behavior is related to the students disability, the student should return to school immediately. Behavior NOT Related to the Disability - If the Individual Education Plan team determines that the behavior is NOT related to the disability, the student is subject to the regular discipline procedures. A person chosen by the Superintendent will decide whether the student will be suspended long term or expelled. Within the first 10 days of the suspension, the Individual Education Plan team is also required to do a "functional behavior" assessment of the student and develop a behavior plan for the student. If Drugs or Weapons are Involved - Regardless of whether the conduct is related to the disability, if the incident for which the student is being disciplined involves a dangerous weapon or a controlled substance, the school system can unilaterally place a special education student in an alternative education setting for up to 45 days. Special Consideration for Special Education Students - During any term of exclusion that exceeds 10 days, a special education student must be provided educational and related services that are set for in the students Individual Education Plan. Parents have the right to request mediation or due process hearing if they disagree with any decision by the Individualized Education Team, including the "manifestation or casual" decision. If the student has not been previously identified as eligible for special education, the parents may request an evaluation and that evaluation must be expedited during the suspension or expulsion period. |
|
| Source: Developed by Legal Aid Bureau from Maryland Disability Law Center materials, updated by the Maryland State Law Library (MSLL). |
Last legal review: (PLL/M.A.J.) 3/31/08 |
| Is this legal
advice? This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice,
you should consult an attorney. See our section on Finding Legal Help.
About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders. In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.” |
Need help with the legal terms?
|
