Explanation of Students' Rights and Safeguards

Your child has been identified as a student with disabilities, and a school administrator recommends that he/she be suspended, expelled, or removed from school and placed in an alternative school or program for more than 10 school days in a school year. The student's IEP Team will meet as soon as possible, generally within three days, to review the child's evaluation, behavior intervention plan (BIP), if any, and other relevant information to determine whether the student's alleged misconduct is a manifestation of his/her disability. You are invited to attend that meeting.

Criteria for making manifestation determination

The IEP Committee will answer each of the following questions to determine whether the misconduct was a manifestation of the student's disability.

1. Was the student's behavior a direct result of the school's failure to implement the student's IEP?

2. Was the student's behavior caused by the student's disability?

3. Does the student's behavior have a direct and substantial relationship to his/her disability?

4. If the student has a Behavior Intervention Plan (BIP), was it being implemented appropriately?

Consequences of manifestation determination

If the IEP Team determines that the student's misconduct was caused by his/her disability, the school may not suspend or expel the student. However, the IEP committee may propose a change in the child's Individual Education Plan (IEP), BIP, or placement, including a placement in a more restrictive setting.

If you are not able to attend the IEP team meeting to determine whether the student's conduct is a manifestation of his/her disability, the IEP team must schedule a second meeting and give you 10 days notice of the IEP meeting. If at that meeting you disagree with the proposed change in your child's IEP or placement, you may exercise your right to mediation by contacting the N.C. Department of Public Instruction or request a hearing before an administrative law judge by filing a written request at 6714 Mail Service Center, Raleigh, N.C., 27699-6714, as explained in the Exceptional Children's Handbook for Parents' Rights.

If the IEP Team determines that the student's misconduct is not a manifestation of his/her disability, the student may be suspended or expelled in the same manner as non-disabled students. However, if your child as a disability, WSFC Schools will continue to provide your child with appropriate education as determined by your child's IEP team and as required by IDEA AND ITS REGULATIONS. If you disagree with the decision of the IEP team, you may exercise your rights to mediation and/or a hearing as explained in the Handbook of Parents' Rights.

School administrators' authority to assign students to interim alternative settings

A school administrator may remove a student with disabilities from his/her current educational setting and place the student in an interim alternative setting for up to 45 days for any of the following offenses, regardless of whether the student's behavior is a manifestation of his/her disability:

* Carrying/possessing a weapon to or at school, on school premises or at school function.

* Knowingly possessing or using illegal drugs, or selling/soliciting the sale of controlled substances at school, on school premises or at school functions.

* Inflicting "serious bodily injury" while at school, on school premises, or at a school function.

For additional information about the discipline of students with disabilities, please see Policy 5131.25 on the WS/FCS Web site at wsfcs.k12.nc.us. Click on "Administration and Board of Education," then click on "Policies." From there, you can search for specific policies. Please also see the IDEA at 20 USC 1415(k) and Code of Federal Regulations 34 CFR 300.519 et. Seq. www.ed.gov/policy/speced/guid/idea/idea2004.html .

Students with Section 504 Plans, Rights and Safeguards

Your child has been identified as a child with a handicap, and a school administrator recommends that he/she be suspended or removed from school for more than 10 school days in a school year as provided in Section 504 of the Rehabilitation Act of 1973 and its implementing regulations, 34 CFR section 104.I - 104.39. The school's Section 504 Committee shall meet as soon as possible, generally within three days, to review your child's evaluation, personal student Section 504 Plan or behavior intervention plan (BIP), if any, and other relevant information to determine whether the student's alleged misconduct is a manifestation of his/her handicap. You may be invited to attend that meeting.

The Section 504 Committee will answer each of the following questions in relationship to the student's misconduct.

* Was the student's behavior caused by the student's handicap?

Consequences of Manifestation Determination

If the Section 504 Committee determines that the student's misconduct is not a manifestation of his/her handicap, the student may be suspended or expelled in the same manner as non-disabled students. If you disagree with the committee's decision, you may exercise your right to mediation and/or a hearing as explained above.