Participants in the disciplinary CSC include the following individuals: 1. Principal or administrative designee;
2. Student's general education teacher; 3. Student's special education teacher; 4. Student's parents; and
5. Additional persons at the discretion of the parents or DoDEA a. Student, if appropriate. (Participation of secondary students is
encouraged.)
b. Related services personnel, if they are working with the student.
Manifestation Determination
At the manifestation meeting, the CSC must determine whether the student’s behavior is related to his or her disability by considering all relevant information including evaluation results, observations of the student, information provided by the parents, and the student’s IEP, and current placement. The findings of the meeting determine what the school can and cannot do regarding the student’s removal from the school for more than 10 days.
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Unless the CSC responds yes to ALL of the following factors, the CSC will consider the student’s behavior to be a manifestation of his or her disability.
1. IEP and placement were appropriate;
2. Special education services, supplementary aides and services, and behavior intervention strategies were provided consistent with the student’s IEP and placement; and
3. The student’s disability did not impair his or her ability to control the behavior subject to disciplinary action.
Misconduct IS a manifestation of the disability. The CSC will determine whether the student’s behavior is the result of the student’s disability by considering all relevant information
including evaluation results, observation of the student, information provided by the parents of the student, and the student’s IEP and placement. If the CSC determines that the student’s behavior was a manifestation of his or her disability, the student will not be subject to the regular disciplinary rules and procedures. Suspension or expulsion is not a viable
disciplinary action. A change in placement or a modification in a student's IEP may take place but only with parental approval.
Misconduct IS NOT a manifestation of the disability. If the CSC determines the behavior is not a result of the student’s disability, the student may be subject to regular disciplinary rules including removal from the school for more than 10 school days. However, the school must provide services to the student. The CSC must convene an IEP meeting within10 days following the date the disciplinary decision was made to suspend the student resulting in removal for more than 10-cumulative school days. The purpose of the CSC meeting is to devise an alternative educational setting for the delivery of services consistent with the student’s IEP. The
committee’s discussion about the provision of services and recommendations of where, when, and how services will be delivered must be clearly documented in the CSC Minutes of Meeting.
CSC Consideration of Student’s Behavior
Regardless of whether a CSC meeting is convened to draft an IEP, determine or change
placement, or decide manifestation, the CSC must address the behavior that may or has resulted in a disciplinary action by:
1. Reviewing the student’s educational placement to ensure it is appropriate in consideration of the student’s behavior.
a. Should there be a change in the goals on the IEP?
b. Should there be a change in service providers or teachers? c. Should there be an increase or decrease in time in the program?
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d. Should there be a change to the behavioral intervention plan?
e. Should there be a change in schedule (particularly for secondary students)? 2. Revising the IEP to address the behavior.
Although a student with a disability is not subject to regular disciplinary rules when the behavior is the result of his or her disability, all students have a right to learn appropriate behavior. Therefore, it is incumbent upon the CSC to determine appropriate educational services and to recommend disciplinary actions that will enable the student to understand there are consequences to his or her behavior. Examples of disciplinary actions may include:
a. Suspension from extra curricular activities for a designated period of time. b. Community service.
c. After school or Saturday detention. d. In-home restrictions (parent action).
It is important that the student's special education folder contain a written record of the CSC meeting in which disciplinary procedures are discussed. The written record should contain:
1. A description of the observable event(s) and date(s); 2. Names and titles of person(s) involved in the event(s); 3. The CSC determination and recommendation(s);
4. A list of alternative disciplinary activities, instead of suspension; and 5. A summary of recommendations.
Continuation of Services
When a student with a disability is suspended from school for more than 10-cumulative school days during the school year, the CSC must ensure the continuation of services consistent with his or her IEP and that are necessary to enable the student to appropriately progress in the general curriculum. The special education and general education teachers should collaborate on the curricular material to be covered and the length of instruction needed for the student to progress in his or her educational program. Instruction may be provided in the student’s home, if one parent is present, or at another site such as community service center, library, or other public area. Correspondence or distance learning courses may be included as part of the student’s instructional program.
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Chapter 11 - Discipline Emergency Removal (Suspension)
Nothing in the DoD Instruction 1342.12 precludes the emergency suspension, for a period of up to 10 consecutive days or 10 cumulative days, of a student with a disability who endangers or reasonably appears to endanger the health, welfare, or safety of self or any other student, teacher, or school personnel.
1. The student's parents shall be notified immediately of the removal (suspension). 2. The removal is only effective for the duration of the emergency.
3. The appropriate CSC shall immediately determine whether the student's conduct relates to the disabling condition and what, if any, change in educational placement, program, intervention, therapy, etc., is appropriate for the student.
4. If it is determined that the student requires a change in educational placement, the CSC shall ensure that a meeting is held to determine the appropriate educational placement for the student in consideration of his or her conduct.
Alternative Education Setting (AES)
An administrator is authorized to place a student with a disability in an interim AES for up to 45 days when a student:
1. Carries a weapon to school or to a school function under the jurisdiction of the DoD School System; or
2. Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or at a school function under the jurisdiction of the DoD School System.
When the administrator proposes removal of a student to an AES, the administrator must contact the District Office to inform the Superintendent and the Special Education Coordinator of the pending decision. The administrator must convene a CSC to decide where the interim AES will be and how the student will receive services consistent with his or her IEP and continue to progress in the general education curriculum. The CSC must also address what services may be needed to prevent the behavior from recurring.
Expulsion
In cases where expulsion is proposed, the school is required to notify the parents of their procedural safeguards and refer the case to the disciplinary committee. Within ten days of imposing the consequence the school will convene a CSC meeting to identify options for the continued provision of services consistent with the student’s IEP. When expulsion is proposed
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the administrator must contact the District Office to inform the Superintendent and the Special Education Coordinator of the pending decision.
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