Code of Conduct

When a student violates the Code of Conduct, the following steps are taken:

  • A staff member makes a referral to administration.
  • The grade level administrator reviews the entry and contacts the reporting teacher for clarification of information if necessary. 
  • The administrator meets with the student and asks him/her to fill out a “student statement” form.
  • When necessary, the administrator will interview witnesses to the violation.
  • Upon completion of the investigation, the administrator will assign consequences that address the violation.
  • The administrator will contact the referring teacher and the student’s parents with the outcome. Communication with the parents of other involved students will occur when needed.
  • Depending upon the infraction, a student may need to be sent home while an investigation is carried out (see “Emergency Removal” on following pages).
Definitions: 
  • Conference: Teacher/administrator speaks with the student regarding his/her behavior in order to help him/her improve.

  • Reflective writing/Improvement plan: The student is required to complete a writing assignment designed to help him/her understand why the behavior is problematic and/or create a plan to avoid repeating the same behavior.

  • Lunch PM: The student is restricted from the cafeteria, and instead eats lunch in a classroom or the office. Conferencing or writing as described above may take place during this time.

  • After school PM: The student is required to stay after school under the supervision of school personnel. Conferencing or writing as described above may take place during this time.

  • Emergency Removal: Temporary removal from the school pending investigation of code of conduct violation or impending suspension. See Disciplinary Regulations and Guidelines for more information.

  • In-school suspension: The student remains in school in a supervised location where he/she will complete academic work and/or conferencing or writing as described above. This alternative to Out-of-school suspension will be designed to limit students’ social interactions and maximize student focus on learning. See Disciplinary Regulations and Guidelines for more information.

  • Out-of-school suspension: The student is removed from the school environment and not allowed to attend school or any school-related events or be present on school grounds for a period specified by the school administration. The school will provide academic work to be completed at home. See Disciplinary Regulations and Guidelines for more information. 

  • Expulsion: The student is removed from the school environment for an extended, indefinite period of time or permanently.


Examples of the levels of behavior as outlined in the OMS Code of Conduct (this list is by no means exhaustive and administration reserves the right to use professional judgment in determining the final consequence administered for poor behavior):

Level Behaviors Typical Range of Consequences
Level 1
  • Being unprepared for class
  • Lack of academic work production and/or failure to complete/turn in homework
  • Rude or inappropriate language
  • Disrespectful behavior towards staff members
  • Electronic device violation (cell phones, iPads, smartwatches, AirPods, etc.)
  • Tardiness to class
  • Cheating/plagiarizing/forging signature
  • Conference with a teacher 
  • Parent contact
  • Restorative consequence
  • Reflective writing assignment and/or plan to remedy the problem
  • Lunch detention/after-school detention
Level 2
  • Disrupting the learning environment
  • Being truant (missing school or class without permission)
  • Violating the technology acceptable use policy
  • Unsafe/inappropriate behavior
  • Failure to stay for a detention
  • Failing to identify themselves when asked by a faculty or staff member
  • Hallway pass violation
  • Repeated and/or flagrant Level 1 violations
  • Dress Code Non-Compliance
  • Lunch detention
  • Conference with an administrator 
  • Restorative consequence
  • After-school detention
  • In-school suspension
  • Extended detentions
  • Suspension from after-school activities
  • Turning phone into the office for a period of time
  • Restricted access to electronic devices
Level 3
  • Bullying/harassment (MGL, Chapter 71, Section 37O)*
  • Use of obscene or abusive language, gestures, or drawings, including racial, religious, ethnic, sexual, or homophobic remarks or references
  • Stealing/destroying/defacing property
  • Fighting/threatening violence/acting violently (MGL, Chapter 71, Section 37H)
  • Possessing a weapon (MGL, Chapter 71, Section 37H)
  • Possessing, using, and/or being under the influence of tobacco, e-cigarettes, vaping materials, alcohol, dangerous substances, or illegal drugs (MGL, Chapter 71, Section 37H)
  • Improper use of medication or use in excess of recommended dosage
  • Threatening and/or assaulting school personnel
  • Repeated and/or flagrant Level 2 violations
  • Suspension from after-school activities
  • Extended detentions
  • In-school suspension
  • Out-of-school suspension
  • Expulsion

Disciplinary Regulations and Guidelines   (back to top)
(as of 11/2022)
In accordance with Massachusetts General Laws:

M.G.L.  c.71 § 37H 3/4
M.G.L. c. 71,37H
M.G.L. c. 71,37H ½
M.G.L. c. 71,37H ¾
M.G.L. c. 76,21
603 CMR 53.00

Oak Middle School values a respectful and safe school community. In order to encourage the development of self-discipline and a respect for the rights of others as well as to maintain an atmosphere that is conducive to learning, rules and regulations are necessary.  To assist in the maintenance of an orderly educational system, disciplinary regulations have been established and apply to all students.  

Disciplinary procedures range from an informal conference to expulsion from school.  The procedure to be used in a particular instance depends upon the infraction, specific circumstances, and the individual’s overall pattern of behavior. 

The principal, or his/her designee, may also remove a student from privileges, such as extracurricular activities and attendance at school-sponsored events, based on a student’s misconduct.  This type of removal is not subject to the procedures for suspension and expulsion outlined below.

Suspension

Suspension from school is regulated under Massachusetts General Law Sec. 71 Chapter 37H ¾. and was amended by St.2022, c.177, § 29, effective November 8, 2022

This section shall govern the suspension and expulsion of students enrolled in a public school in the commonwealth who are not charged with a violation of subsections (a) or (b) of section 37H or with a felony under section 37H.5.

Any principal, superintendent or person acting as a decision-maker at a student meeting or hearing, when deciding the consequences for the student, shall consider ways to re-engage the student in the learning process; and shall not suspend or expel a student until alternative remedies have been employed and their use and results documented, following and in direct response to, a specific incident or incidents, unless specific reasons are documented as to why such alternative remedies are unsuitable or counter-productive, and in cases where the student’s continued presence in school would pose a specific, documentable concern about the infliction of serious bodily injury or other serious harm upon another person while in school. 

Alternative remedies may include, but shall not be limited to: (i) mediation; (ii) conflict resolution; (iii) restorative justice; and (iv) collaborative problem solving. 

The principal, superintendent, or person acting as a decision-maker shall also implement school- or district-wide models to re-engage students in the learning process  which shall include but not be limited to: (i) positive behavioral interventions and supports models and (ii) trauma sensitive learning models; provided, however, that school- or district-wide models shall not be considered a direct response to a specific incident.

Unless a student poses a danger to persons or property, substantially and materially disrupts the order of school, possesses a firearm, controlled substance, or assaults a school staff member, the student will receive the following prior to a short-term suspension or long-term suspension:

In-School Suspension

    At the discretion of the principal, an In-School suspension may also be imposed where a student is determined to have committed a suspendable offense. The principal will inform the student of the disciplinary offense and the basis for the charge, and provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident. If the principal determines that the student committed the offense, the principal shall inform the student of the length of the In-school suspension. On the same day as the In-school suspension, the principal will make reasonable efforts to notify the parent orally as soon as possible of the disciplinary offense, the reasons for concluding that the student committed the infraction and the length of the suspension. The principal shall also invite the parent to a meeting to discuss the student's academic performance and behavior, strategies for student engagement, and possible responses to the behavior. Such meeting shall be scheduled on the day of the suspension if possible, and if not, as soon thereafter as possible. On the first day of the in-school suspension, the principal will also send written notice to the student and parent about the in-school suspension, including the reason and the length of the in-school suspension. Thereafter, the principal or designee will invite the parent/guardian to a meeting with the principal for the purpose to discuss the student's academic performance and behavior, strategies for student engagement, and possible responses to the behavior.

     In-School suspension means the student is removed from regular classroom activities, but not from the school premises, for no more than ten (10) consecutive days or no more than ten school days cumulatively for multiple infractions during the school year. In-School suspension for less than ten (10) days shall not be considered a short-term suspension. An In-School suspension of more than ten (10) days or fewer shall be deemed a long-term suspension for due process, appeal, and reporting purposes. Students will be subject to limitations on their activities as determined by the principal, including the privilege of field trip participation.


The principal shall make reasonable efforts to orally notify the parent on the same day as the in-school suspension decision as soon as possible of the disciplinary offense, the reasons for concluding the student committed the offense, and the length of the in-school suspension. The principal shall offer the parent an opportunity to meet to discuss the student's academic performance and behavior, strategies for student engagement, and possible responses to the behavior. If possible, such a meeting shall be scheduled on the day of the suspension, or otherwise as soon as possible thereafter. If the principal, after two documented attempts to reach the parent, is unable to reach the parents, such attempts will be considered reasonable efforts for purposes of orally notifying the parents.

The principal shall provide written notification to the student and the parent about the in-school suspension, the reason and length of the suspension, and offer the parent an opportunity to meet to discuss the student's academic performance and behavior, strategies for student engagement, and possible responses to the behavior.  Written notice may be made by hand delivery, first-class mail, certified mail, email, or other delivery method agreed upon by the principal/designee and the parent.

 

Academic Progress During Suspension

     Any student receiving in-house suspension, short-term suspension, or long-term suspension shall have the opportunity to make up assignments, tests, papers, and other school work as needed to make academic progress during the period of removal from the classroom or school. Any student who is expelled or suspended from school for more than 10 consecutive days shall have an opportunity to receive educational services that will enable the student to make academic progress toward meeting state and local requirements through the school-wide educational services plan.

Student Due Process Rights

     In administering discipline, school officials will be careful to observe the right to due process under the law for each student. The nature of the violation determines the due process that school officials follow: 


1. DUE PROCESS RIGHTS FOR STUDENTS CHARGED WITH POSSESSION OF A DANGEROUS WEAPON, POSSESSION OF A CONTROLLED SUBSTANCE, ASSAULT ON SCHOOL STAFF Massachusetts General Law Ch. 71, §37H authorizes the principal to expel students as follows:

  • (a) Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal.
  • (b) Any student who assaults a principal, assistant principal, teacher, teacher's aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal.

Procedure:

  • Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the principal. After said hearing, a principal may, in their discretion, decide to suspend rather than expel a student who has been determined by the principal to have violated either paragraph (a) or (b).
  • Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent. The expelled student shall have ten days from the date of the expulsion in which to notify the superintendent of their appeal. The student has the right to counsel at a hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provisions of this section.
  • Any school district that suspends or expels a student under this section will continue to provide educational services to the student during the period of suspension or expulsion, under Massachusetts General Laws c. 76 section 21. If the student moves to another district during the period of suspension or expulsion, the new district of residence shall either admit the student to its schools or provide educational services to the student in an education service plan, under Massachusetts General Laws c. 76 section 21. 
  • Districts shall report to the Department of Elementary and Secondary Education (DESE) the specific reasons for all suspensions and expulsions, regardless of duration or type, in a manner and form established by the commissioner. The Department of Elementary and Secondary Education will use its existing data collection tools to obtain this information from districts and shall modify those tools, as necessary, to obtain the information. On an annual basis, the Department of Elementary and Secondary Education will make district level de-identified data and analysis, including the total number of days each student is excluded during the school year, available to the public online in a machine readable format. This report shall include district level data disaggregated by student status and categories established by the commissioner.
  • Under the regulations promulgated by the department, for each school that suspends or expels a significant number of students for more than 10 cumulative days in a school year, the commissioner will investigate and, as appropriate, shall recommend models that incorporate intermediary steps prior to the use of suspension or expulsion. The results of the analysis are publicly reported at the school district level.

A copy of this law may be obtained in the main office.


2. DUE PROCESS RIGHTS FOR STUDENTS WHO HAVE BEEN CHARGED WITH OR CONVICTED OF A FELONY (M.G.L. c. 71, §37H and M.G.L. c. 71, §37H1/2)

     Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal of a school may suspend a student for a period of time determined appropriate by the principal if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect.

     The student shall also receive written notification of their right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent. The student shall have the right to appeal the suspension to the superintendent. The student shall notify the superintendent in writing of their request for an appeal no later than five calendar days following the effective date of the suspension. The superintendent shall hold a hearing with the student and the student’s parent or guardian within three calendar days of the student’s request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on their behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the suspension.

     The principal may expel a student who has been convicted, adjudicated, or admitted guilt with respect to a felony or felony delinquency, if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. If that is the case, the student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. The student shall also receive written notification of their right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.

     The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the superintendent, in writing, of their request for an appeal no later than five calendar days following the effective date of the expulsion. The superintendent shall hold a hearing with the student and the student’s parent or guardian within three calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony on their behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the expulsion.

      A copy of this law may be obtained in the main office.

3. DUE PROCESS RIGHTS FOR STUDENTS CHARGED WITH OTHER VIOLATIONS (M.G.L. c. 71, §37H3/4)


Notice and Principal’s Meeting

     For any suspension under this section, the principal or a designee shall provide notice of the charges and the reason for the suspension or expulsion to the parent(s)/guardian(s) in English and the primary language spoken in the student’s home. This notice shall include:

  • The disciplinary offense;
  • The basis for the charge;
  • The potential consequences, including the potential length of the suspension;
  • The opportunity to have a hearing with the principal and the parent concerning the proposed suspension, including the opportunity to dispute the charges and to present the student’s explanation of the alleged incident;
  • The date, time, and location of the hearing;
  • The right of the parent and student to interpreter services at the hearing; 
  • If the student may be placed on a long-term suspension following the hearing with the principal:
    • The rights set forth under the “Procedures for Long-Term Suspension”; and 
    • The right to appeal the principal’s decision to the superintendent.

     The student shall receive written notice of the charges and the opportunity to meet with the principal or designee to discuss charges and reasons for the suspension and/or exclusion prior to suspension/exclusion taking effect. The principal or designee shall make reasonable efforts to notify the parent orally of the opportunity to attend the hearing. The meeting may take place without the student’s parent(s)/guardian(s) so long as the principal has sent written notice and has documented at least two (2) attempts to contact the parent in the manner specified by the parent for emergency notification. The purpose of the principal’s hearing is to hear and consider information regarding the alleged incident for which the student may be suspended, provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident, determine if the student committed the disciplinary offense, and if so, the consequences for the infraction. The principal shall determine the extent of the rights to be afforded the student at a disciplinary hearing based on the anticipated consequences for the disciplinary offense. 


Short-term Suspension 
(period of 10 school days or fewer)

     The principal shall discuss the disciplinary offense, the basis for the charge, and any other pertinent information as stated above. The student also shall have an opportunity to present information, including mitigating facts, that the principal should consider in determining whether other remedies and consequences may be appropriate. The principal shall provide the parent, if present, an opportunity to discuss the student's conduct and offer information, including mitigating circumstances, that the principal should consider in determining consequences for the student. Based on the available information, including mitigating circumstances, the principal shall determine whether the student committed the disciplinary offense, and, if so, what remedy or consequence will be imposed. The principal shall notify the student and parent of the determination and the reasons for it, and, if the student is suspended, the type and duration of suspension and the opportunity to make up assignments and such other school work as needed to make academic progress during the period of removal. The determination shall be in writing and may be in the form of an update to the original written notice. 


Long-term Suspension 
(period of more than 10 school days)

     If the student is suspended for more than ten (10) days for a single infraction or for more than ten (10) days cumulatively for multiple infractions in any school year, the notice will include: 


  • The disciplinary offense, the date on which the hearing took place, and the participants in the hearing;
  • The key facts and conclusions reached by the principal;
  • The length and effective date of the suspension and the date of return to school;
  • The notice the student’s opportunity to receive education services to make academic progress during the suspension;
  • The student’s right to appeal the principal’s decision to the superintendent or their designee if a long-term suspension has been imposed.

     In addition to the rights afforded a student in a short-term suspension hearing, the student shall also have the opportunity to review the student's record and the documents upon which the principal may rely in making a determination to suspend the student or not; the right to be represented by counsel or a lay person of the student's choice, at the student's/parent's expense; the right to produce witnesses on their behalf and to present the student's explanation of the alleged incident, but the student may not be compelled to do so; the right to cross-examine witnesses presented by the school district; the right to request that the hearing be recorded by the principal, and to receive a copy of the audio recording upon request. If the student or parent requests an audio recording, the principal shall inform all participants before the hearing that an audio record will be made and a copy will be provided to the student and parent upon request. The Parent, if present, shall have an opportunity to discuss the student's conduct and offer information, including mitigating circumstances that the principal should consider in determining consequences for the student.
Based on the evidence, the principal shall determine whether the student committed the disciplinary offense, and, if so, after considering mitigating circumstances and alternatives to suspension, what remedy or consequence will be imposed, in place of or in addition to a long-term suspension. The principal shall send the written determination to the student and parent by hand-delivery, certified mail, first-class mail, email to an address provided by the parent for school communications, or any other method of delivery agreed to by the principal and the parent.

     *If the student is in a public preschool program or in grades K through 3, the principal shall send a copy of the written determination to the superintendent and explain the reasons for imposing an out-of-school suspension, whether short-term or long-term, before the suspension takes effect.

Superintendent’s Hearing

     
For long-term suspensions, the parent(s)/guardian(s) shall have five (5) calendar days following the effective date of the suspension or expulsion to submit a written request for an appeal to the Superintendent but may be granted an extension of time of up to seven (7) calendar days. If the appeal is not timely filed, the superintendent may deny the appeal, or may allow the appeal in their discretion, for good cause. The Superintendent will hold a hearing with the student and the parent(s)/guardian(s) within three (3) school days or the student’s request for an appeal. The time may be extended up to seven(7) calendar days if requested by the parent(s)/guardian(s). The Superintendent’s hearing may proceed without the parent(s)/guardian(s) if a good faith effort was made to include parent(s)/guardian(s).

     The superintendent shall be presumed to have made a good faith effort if he or she has made efforts to find a day and time for the hearing that would allow the parent and superintendent to participate. The superintendent shall send written notice to the parent of the date, time, and location of the hearing. At the hearing, the superintendent shall determine whether the student committed the disciplinary offense of which the student is accused, and if so, what the consequence shall be.

     The hearing shall be audio recorded and a copy of the recording shall be provided to the student or parent upon request.

     Students shall have all of the rights afforded to students at the principal’s hearing for long-term suspension. The Superintendent will issue a written decision within five (5) calendar days of the hearing. If the superintendent determines that the student committed the disciplinary offense, the superintendent may impose the same or a lesser consequence than the principal, but shall not impose a suspension greater than that imposed by the principal's decision. The Superintendent’s decision is the final decision of the district.


     If the student is suspended for more than ten (10) days for a single infraction or for more than ten (10) days cumulatively for multiple infractions in any school year, the notice will include: 


  • The disciplinary offense, the date on which the hearing took place, and the participants in the hearing;
  • The key facts and conclusions reached by the principal;
  • The length and effective date of the suspension and the date of return to school;
  • The notice the student’s opportunity to receive education services to make academic progress during the suspension;

     The student’s right to appeal the principal’s decision to the superintendent or their designee if a long-term suspension has been imposed. This notice of appeal shall include the process for appealing the decision, which requires the parent or student to file a written notice of appeal with the superintendent within five (5) calendar days of the effective date of the long-term suspension.

     The superintendent shall hold the hearing within three (3) school days of the student’s request, unless an extension is mutually agreed to. The superintendent shall make a good-faith effort to include the parent in the hearing.

     The hearing shall be conducted to determine whether the student committed the disciplinary offense and, if so, what the consequence shall be. The hearing shall be audio recorded and a copy of the recording shall be provided to the student or parent upon request.

     All the same rights as are afforded in the above long-term suspension principal’s hearing shall apply to the student in a superintendent’s hearing.

      The superintendent shall issue a written decision within five (5) calendar days of the hearing. If the superintendent determines that the student committed the disciplinary offense, the superintendent may impose the same or lesser consequence than the principal.

     The decision of the superintendent shall be the final decision of the school district.

     No student will be suspended for greater than ninety (90) days, beginning on the first day the student is removed from the building.


Emergency Removal 


     The principal may remove a student from school temporarily when a student is charged with a disciplinary offense and the continued presence of the student poses a danger to persons or property, or materially and substantially disrupts the order of the school, and, in the principal's judgment, there is no alternative available to alleviate the danger or disruption. The temporary removal shall not exceed two (2) school days following the day of the emergency removal. In the event of an emergency removal, the principal shall make immediate and reasonable efforts to orally notify the student and the student's parent of the emergency removal, the reason for the need for emergency removal. The principal shall provide written notice to the student and parent as provided above, and provide the student an opportunity for a hearing with the principal as provided above, and the parent an opportunity to attend the hearing, before the expiration of the two (2) school days, unless an extension of time for hearing is otherwise agreed to by the principal, student, and parent. The principal shall render a decision orally on the same day as the hearing, and in writing no later than the following school day, which meets the requirements as described above. In the event of an emergency removal from school, the principal will not release the student until adequate provisions have been made for the student's safety and transportation. 


Discipline for Students with Disabilities

     All students are expected to meet the requirements for behavior as set forth in this handbook. In addition to those due process protections afforded to all students, the Individuals with Disabilities Education Act (IDEA) and related regulations require that additional provisions be made for students who have been found eligible for special education services or who the school district knows or has reason to know might be eligible for such services. Students who have been found to have a disability that impacts upon a major life activity, as defined under §504 of the Rehabilitation Act, are, generally, also entitled to increased procedural protections prior to imposing discipline that will result in the student’s removal for more than ten (10) consecutive school days or where there is a pattern of short-term removals exceeding ten (10) school days cumulatively in a given year.

     The following additional requirements apply to the discipline of students with disabilities:

  • The IEP for every student eligible for special education or related services shall indicate whether the student can be expected to meet the regular discipline code of the school or whether the code should be modified to address the student’s individual needs.
  • Students with disabilities may be excluded from their programs for up to ten (10) school days to the extent that such sanctions would be applied to all students. Before a student with a disability can be excluded from their program for more than ten (10) consecutive school days in a given school year or ten (10) cumulative school days in a given school year, building administrators, the parents/guardians and relevant members of the student’s IEP or 504 team will meet to determine the relationship between the student’s disability and behavior (Manifestation Determination). The team will determine whether the student’s behavior was caused by, or was directly and substantially related to their disability or whether the conduct in question was the direct result of the district’s failure to implement the student’s IEP or 504 plan.
  • If building administrators, the parents/guardians and relevant members of the student’s IEP or 504 Team determine that the student’s conduct was not caused by, or directly and substantially related to the student’s disability or failure to implement the IEP or 504 Plan, the school may discipline the student in accordance with the procedures and penalties applicable to all students but will continue to provide a free appropriate public education to those students with IEPs. There is no entitlement to provide a free appropriate public education to those students on 504 Plans. The student’s IEP team will identify the services necessary to provide a free appropriate public education during the period of exclusion, review any existing behavior intervention plan or where appropriate, conduct a functional behavioral assessment.
  • If building administrators, the parents/guardians, and relevant members of the student’s IEP or 504 Team determine that the conduct giving rise to disciplinary action was caused by, or directly and substantially related to the student’s disability or failure to implement the IEP or 504 Plan, the student will not be subjected to further removal or exclusion from the student’s current educational program based on that conduct (except for conduct involving weapons, drugs, or resulting in serious bodily injury to others) until the IEP or 504 Team develops, and the parent/ guardian's consent to, a new placement, or unless the district obtains an order form a court or from the Bureau of Special Education Appeals (BSEA) authorizing a change in the student’s placement. The Student’s Team shall also review the student’s IEP, and modify as appropriate, any existing behavioral intervention plan and arrange for a functional behavioral assessment.
  • If a student with a disability possesses or uses illegal drugs, sells or solicits a controlled substance, possesses a weapon, or causes serious bodily injury to another on school grounds or at a school function, the district may place the student in an interim alternative educational placement (IAES) for up to forty-five (45) school days. A court or BSEA hearing officer may also order the placement of a student who presents a substantial likelihood of injury to self or others in an appropriate interim setting for up to forty-five (45) school days.


Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district 

  1. A suspension of longer than 10 consecutive days or a series of suspensions that are shorter than 10 consecutive days but constitute a pattern are considered to represent a change in placement.
  2. When a suspension constitutes a change in placement of a student with disabilities, district personnel, the parent, and other relevant members of the Team, as determined by the parent and the district, convene within 10 days of the decision to suspend to review all relevant information in the student's file, including the IEP, any teacher observations, and any relevant information from the parents, to determine whether the behavior was caused by or had a direct and substantial relationship to the disability or was the direct result of the district's failure to implement the IEP-“a manifestation determination.”
  3. If district personnel, the parent, and other relevant members of the Team determine that the behavior is NOT a manifestation of the disability, then the suspension or expulsion may go forward consistent with policies applied to any student without disabilities, except that the district must still offer:
    • services to enable the student, although in another setting, to continue to participate in the general education curriculum and to progress toward IEP goals; and
    • as appropriate, a functional behavioral assessment and behavioral intervention services and modifications, to address the behavior so that it does not recur.
  4. Interim alternative educational setting. Regardless of the manifestation determination, the district may place the student in an interim alternative educational setting (as determined by the Team) for up to 45 school days.Characteristics. In either case, the interim alternative education setting enables the student to continue in the general curriculum and to continue receiving services identified on the IEP, and provides services to address the problem behavior.
    • on its own authority if the behavior involves weapons or illegal drugs or another controlled substance or the infliction of serious bodily injury on another person while at school or a school function or, considered case by case, unique circumstances; or
    • on the authority of a hearing officer if the officer orders the alternative placement after the district provides evidence that the student is “substantially likely” to injure him/herself or others.
  5. If district personnel, the parent, and other relevant members of the Team determine that the behavior IS a manifestation of the disability, then the Team completes a functional behavioral assessment and behavioral intervention plan if it has not already done so. If a behavioral intervention plan is already in place, the Team reviews it and modifies it, as necessary, to address the behavior. Except when he or she has been placed in an interim alternative educational setting in accordance with part 4, the student returns to the original placement unless the parents and district agree otherwise or the hearing officer orders a new placement.
  6. Not later than the date of the decision to take disciplinary action, the school district notifies the parents of that decision and provides them with the written notice of procedural safeguards.  If the parent chooses to appeal or the school district requests a hearing because it believes that maintaining the student's current placement is substantially likely to result in injury to the student or others, the student remains in the disciplinary placement, if any, until the decision of the hearing officer or the end of the time period for the disciplinary action, whichever comes first, unless the parent and the school district agree otherwise.

Procedural requirements applied to students not yet determined to be eligible for special education 

  1. If, prior to the disciplinary action, a district had knowledge that the student may be a student with a disability, then the district makes all protections available to the student until and unless the student is subsequently determined not to be eligible. The district may be considered to have prior knowledge if:
    • The parent had expressed concern in writing; or
    • The parent had requested an evaluation; or
    • District staff had expressed directly to the special education director or other supervisory personnel specific concerns about a pattern of behavior demonstrated by the student.

The district may not be considered to have had prior knowledge if the parent has not consented to evaluation of the student or has refused special education services, or if an evaluation of the student has resulted in a determination of ineligibility.

     2. If the district had no reason to consider the student disabled, and the parent requests an evaluation subsequent to the disciplinary action, the district must have procedures consistent with federal requirements to conduct an expedited evaluation to determine eligibility.

     3. If the student is found eligible, then he/she receives all procedural protections subsequent to the finding of eligibility.

Additional information regarding the procedural protections for students with disabilities can be obtained from the Director of Pupil Services at 508-841-8660.

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