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815 S. Oakdale Ave.
Medford, OR 97501
Phone: (541) 842-3636
Fax: (541) 842-1087
Contact: Medford Schools
Email: 
Hours: 7:30 - 4:30



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All students eligible for district-approved student transportation shall receive safety instructions and a code of conduct.

Violation of the code of conduct or conduct which jeopardizes the health/safety of self and/or others may result in the loss of district-approved transportation services.

The following procedures address:

1. Safety instructions

2. Code of conduct

3. Violations

4. Suspension

5. Expulsion

6. Right of appeal

7. Reinstatement

8. Education

9. Special education students

 

I. Safety Instructions

A. Each September and January the transportation supervisor will direct all bus drivers to conduct a safety review with all students who are regularly transported by the district.

1. The drivers shall review the code of conduct which is to be posted.

2. The drivers shall review the consequences of a violation as outlined in this procedure.

3. The drivers shall conduct unloading, loading and emergency exit evacuation drills.

4. The drivers shall review all hazards such as crossing a road and bus stop conduct.

B. Each September (and January) (the transportation supervisor) will direct all bus drivers to conduct a safety review with all other students.

1. The drivers shall review safe bus riding procedures.

2. The drivers shall review use of emergency exits.

C. The transportation supervisor will record dates and content of safety instructions by each driver. Such information shall be kept as part of the districtís records.

II. Code of Conduct

A. Each year the district will include the following transportation rules in the student/parent handbook or issue a code of conduct to all students and parents accompanied by the following form to be acknowledgment of being read and understood.

The district will provide interpretation to those students/parents whose primary language is not English.

While riding a school bus, students will:

1. Obey the driver at all times.

2. Not throw objects.

3. *Not have in their possession any weapon as defined by Board Policy JFCJ ó Weapons in the Schools.

4. *Not fight, wrestle or scuffle.

5. *Not stand up and/or move from seats while the bus is in motion.

6. *Not extend hands, head, feet, or objects from windows or doors.

7. *Not possess matches or other incendiaries and concussion devices.

8. *Use emergency exits only as directed by the driver.

9. *Not damage school property or the personal property of others.

10. *Not threaten or physically harm the driver or other riders.

11. *Not do any disruptive activity which might cause the driver to stop in order to reestablish order.

12. *Not make disrespectful or obscene statements.

13. *Not possess and/or use tobacco, alcohol, or illegal drugs.

14. Not eat or chew gum.

15. Not carry glass containers or other glass objects.

16. Not take onto the bus skateboards, musical instruments or other large objects which might pose safety risks or barriers to safe entry and exit from the bus.

17. Accept assigned seats.

18. Stay away from the bus when it is moving.

19. Be at the bus stop five minutes before the scheduled pick up time (schedules will be posted on all buses.)

20. **Answer to coaches, teachers, and chaperons who are responsible for maintaining order on trips.

*These regulations, if broken, are SEVERE violations with severe consequences because of the threat to the safety of others.

**Coaches, teachers, and chaperons: 1) must have a copy of the bus regulations and know them before going on a trip, and 2) must position themselves on the bus as to be in control of discipline at all times.

I have read the above rules and have discussed them with my student. We understand the importance of this code of conduct.

Parent Student

III. Violations

Each year the district will include the following procedures for violations in the student/parent handbook or issue the procedures to all students and parents accompanied by a form to be signed as an acknowledgment of being read and understood.

The district will provide interpretation to those students/parents whose primary language is not English.

DISCIPLINARY PROCEDURES FOR VIOLATIONS

1. First Citation-Warning*:

The driver verbally restates behavior expectations and issues a warning citation*.

2. Second Citation*:

The student is suspended from the bus until a conference, arranged by the transportation supervisor, has been held with the student, the parent, the bus driver, transportation supervisor, and the principal.

3. Third Citation* of year:

The student receives a 5 to 10 day suspension and will not be able to ride the bus until a conference, arranged by the transportation supervisor, has been held with the student, the parent, the bus driver, the transportation supervisor, and the principal. At this time a behavior contract will be made with the student and a bus seat may be assigned. Further violations will be considered a severe violation.

4. Severe Violations:

Any severe violation will result in the immediate suspension of the student for a minimum of 10 days, and up to a 1-year expulsion. There will be a hearing at this time, arranged by the transportation supervisor, involving the student, the bus driver, the transportation supervisor, the parent, and the principal.

In all instances, the appeal process may be used if the student and/or parent desires. *All citations must be signed by the parents, the transportation supervisor, the bus driver, and the principal before the student will be allowed to ride the bus again.

 

APPEAL PROCEDURE

If a student or parent wishes to appeal the application of the discipline policy, the steps outlined below should be used. If the student or parent wishes to complain about a school employeeís decision, use policy KLDóPublic Complaints about District Personnel.

STEP I

The student or his/her representative will discuss the issue with the transportation supervisor and principal.

STEP II

If the student is not satisfied with the outcome of the discussion, he/she may file a written statement with the principal and transportation supervisor. This is to be done within 10 school days of the act or condition which is the basis of the complaint. The administration will, within three school days, arrange a student, parent, transportation supervisor, principal conference with the goal of resolving the issue.

STEP III

Within five school days, the principal is to communicate, in writing, the decision to the student and the studentís parents.

STEP IV

If, after five school days from the receipt of the administratorís reply, the issue still remains unresolved, the student may submit the matter in writing to the superintendent. The superintendent will meet with the student within three school days and will respond to the issue, in writing, within five school days after the appeal.

STEP V

If the issue is still unresolved, the student may appeal to the Board. The Board will notify persons involved that a hearing will be held within 14 days of receipt of the appeal. The Board shall review correspondence, hear relevant facts and respond to the student within three school days following the hearing.

Please return this signed form to the driver on or before the second day of school.

I have read and understand the transportation contract plan. I understand that transportation is an important service and that the safety of my student is the primary concern.

Studentís Name Parentís Signature Date

Bus Route # Phone Numbers: (Home)

School

IV. Suspension Procedures

A. Normally the suspension process shall be in accordance with the following procedures:

1. Suspension hearings shall be conducted in private, and will be more informal than is the case of an expulsion hearing. The hearing will be conducted by the superintendent or designated representative. The procedure should be more of a conversation between the two parties than a formal hearing.

2. The student will be informed of the violation(s) and given the opportunity to be heard and present his/her view of the occurrence.

3. If suspension is to follow, the student will be given the reason(s) for the action, the duration of the suspension and the tentative procedures for reinstatement.

4. If possible, parents will be notified immediately by telephone of the suspension and given reasons for the action. The parents will be encouraged to conference with the building administrator. Arrangements should be made for the studentís transportation to and from school and to other school activities.

5. A written communication will be mailed to the student and parents within one workday restating the reasons for the action(s), the duration of the suspension and procedure for arranging a mutually satisfactory time for a conference for possible re-admittance.

6. The written communication shall state that the parent may appeal the reason for suspension and the duration of suspension to the appropriate administrator.

7. In special or emergency circumstances, a suspension may be continued until some specific pending action occurs, such as a physical or mental examination, incarceration by court action or if there is a serious risk that substantial harm will occur if the suspension is terminated pending an intended expulsion.

 

SCHOOL BUS INCIDENT REPORT

Date: Route: AM PM

Dear Parents:

This report is to inform you of disciplinary action taken as a result of your studentís actions which jeopardized the safety and well-being of all students on the bus. We urge you to support this corrective action by impressing upon your student the need for safety on our school buses.

(Studentís name) has been cited for an infraction of the rules listed below:

   

Description of incident:

 

*Failed to obey driver

 
 

*Threw an object(s)

 
 

*Possessed a weapon or other dangerous object(s)

 
 

*Fought, wrestled, scuffled

 
 

*Stood/changed seat with bus moving

 
 

*Extended from bus door/window

 
 

*Possessed matches, incendiaries, etc.

 
 

*Used emergency exit

 
 

*Vandalism of property

 
 

*Threatened/harmed driver/rider

 
 

*Disruption: Driver stopped bus

 
 

*Disrespectful and/or obscene statements

 
 

*Possessed alcohol, tobacco, unlawful drugs

 
 

Eating or chewing gum

 
 

Possessed glass container or object

 
 

Impeded movement of bus

 

*An asterisk may result in loss of transportation service with no warning citation.

( ) Warning

( ) Second Citation: may suspend until conference

( ) Third Citation: 5-10 day suspension

( ) SEVERE INFRANCTION: 10-day suspension to 1-year expulsion

Route Number

Student Phone Number

District Representative:

CITATIONS MUST BE SIGNED BY PARENT

V. Expulsion Procedures

A. Students will not be expelled without a hearing unless the studentís parents waive the right to a hearing, either in writing or by failure to appear at a scheduled hearing. By waiving the right to a hearing, the student and parent agree to abide by the findings of a hearing officer.

When an expulsion hearing is not waived, the following procedure is required:

1. Notice will be given to the student and the parent by personal service or by certified mail at least five school days prior to the scheduled hearing. Notice will include:

a. The specific charge or charges

b. The conduct constituting the alleged violation, including the nature of the evidence of the violation

c. A recommendation for expulsion

d. The studentís right to a hearing

e. When and where the hearing will take place

f. The right to representation

2. The superintendent or designee will act as hearing officer. The district may contract with an individual who is not employed by the district to serve as the hearing officer. The hearing officer will conduct the hearing and will not be associated with the initial actions of the building administrators.

3. In case the parent or student has difficulty understanding the English language or has other serious communication disabilities, the district will provide a translator.

4. The student will be permitted to have a representative present at the hearing to advise and to present arguments. The representative may be an attorney and/or parent. The school districtís attorney may be present.

5. The student will be afforded the right to present his/her version of the charge(s) and to introduce evidence by testimony, writings, or other exhibits.

6. The student will be permitted to be present and to hear the evidence presented by the district.

7. The hearings officer will determine the facts of each case on the evidence presented at the hearing. Evidence may include the relevant past history and student education records. Findings of fact as to whether the student has committed the alleged conduct will be submitted to the Board, along with the officerís decision on disciplinary action, if any, including the duration of any expulsion. This decision will be available in identical form to the Board, the student, and the studentís parents at the same time.

8. The hearings officer or the student may make a record of the hearing.

9. The hearings officerís decision is final. However, this decision may be appealed to the Board. At its next regular meeting, the Board will review the hearings officerís decision and will affirm, modify or reverse the decision. Parents or students who wish to appeal the hearings officerís decision will have the opportunity to be heard at the time the Board reviews the decision.

10. Expulsion hearings will be conducted in private and Board review of the hearings officerís decision will be conducted in executive session unless the student or the studentís parent requests a public hearing. If an executive session is held by the Board or a private hearing by the hearings officer, the following will not be made public:

a. The name of the minor student

b. The issues involved

c. The discussion

d. The vote of Board members, which may be taken in executive session

VI. Right of Appeal

A. At each step of the discipline procedures used in district-approved transportation services, parents, students and/or a representative have a right to appeal.

B. All appeals must be in writing.

C. Appeals are to be made to the responsible person at the level of appeal.

D. Final appeal may be made to the Board.

E. Board decisions are final.

VII. Reinstatement

A. A conference to discuss reinstatement shall be conducted under the following guidelines:

1. When deemed necessary, parent(s) and student shall be present at the conference.

2. The principal shall fully explain matters and permit the parties involved to fully explain their positions.

3. The principal shall make a decision which provides guidelines for the student to follow when transportation services are reinstated.

VIII. Education

A. Disciplinary action for violating the transportation code of conduct and/or transportation health and safety requirements shall be confined to district-approved transportation services.

B. Studentsí academic grades will reflect academic achievement. Therefore, misconduct or absenteeism shall not be a sole criterion for grade reduction. However, students will be expected to continue to meet the districtís attendance and educational requirements.

C. Make-up work may be provided. If make-up work is needed, the districtís policy and procedures will be followed.

D. Alternative education may be provided. If alternative education is needed, the districtís policy and procedures will be followed.

IX. Special Education Students

Special education students will be disciplined in accordance with the following:

A. Definitions

1. The district applies the following definitions when considering disciplinary action:

a. "Behavioral intervention plan" means an individualized plan, including positive interventions, designed to assist a student to decrease inappropriate behavior and increase or teach an alternative appropriate behavior.

b. "Current educational placement" means the type of educational placement of the student as described in the studentís "annual determination of placement" document at the time of the disciplinary removal. It does not mean the specific location or school but the types of placement on the continuum of placement options.

c. "Disciplinary removal" means suspension, expulsion or other removal from school for disciplinary reasons, including removals pending completion of a risk assessment. It does not include:

1) Removals by other agencies

2) Removals for public health reasons (e.g., head lice, immunizations, communicable disease, etc.)

3) In-school suspensions if the student continues to have access to the general curriculum and to special education and related services as described in the studentís individualized education program (IEP), and continues to participate with non-disabled students to the extent they would in their current placement.

4) Bus suspensions, unless the studentís IEP includes transportation as a related service, the district makes no alternative transportation arrangements for the student and the student does not attend school as a result of the bus suspension.

d. "Functional behavioral assessment" means an individualized assessment of the student that results in a team hypothesis about the function of a studentís behavior and, as appropriate, recommendation for a behavior intervention plan.

e. "Suspension" means any disciplinary removal other than expulsion.

B. Disciplinary Removals for up to 10 School Days

1. The district may suspend students with disabilities from the current educational placement for up to 10 school days in a school year to the same extent, and with the same notice, as for students without disabilities. These removals are not considered a change in placement.

2. During disciplinary removals for up to 10 school days.

a. The district is not required to provide access to special education and the general curriculum unless students without disabilities are provided access during this time.

b. The district is not required to determine whether the studentís behavior resulting in the disciplinary removal is a manifestation of the studentís disability.

c. The district counts days of suspension as follows:

1) Suspensions of a half day or less will be counted as a half day.

2) Suspensions of more than a half day will be counted as a whole day.

3) If a student moves from another school district in Oregon, any days of suspension from the former district apply, unless the district does not have knowledge of previous suspensions.

3. If a parent disagrees with a suspension and requests a due process hearing:

a. The district may require the student to complete the suspension before returning to his/her current educational placement.

b. The student will return to the current educational placement after the suspension unless the student is removed to an interim alternative educational setting, or if the parent and district agree to another placement pending the hearing.

C. Additional disciplinary removals of up to 10 school days when there is no pattern of removal.

1. The district may suspend students with disabilities from their current educational placement for additional periods of up to 10 days in a school year to the same extent, and with the same notice, as for students without disabilities, if the removals do not constitute a pattern. These removals do not constitute a change in placement.

2. In determining whether removals of additional periods of up to 10 school days constitute a pattern of removals, school personnel will consider:

a. The length of each removal

b. The total time of removals

c. The proximity of the removals to one another

3. During removals of additional periods of up to 10 school days in a school year that do not constitute a pattern, the district will provide services that are necessary to enable the student to:

a. Appropriately progress in the general curriculum

b. Appropriately advance toward achieving the goals in the studentís IEP

c. The services and location for delivery of services in this section will be determined by school personnel, in consultation with the studentís special education teacher, or by the studentís IEP team.

4. Within 10 business days of the first removal for additional periods of up to 10 school days in a school year that do not constitute a pattern, the district will:

a. Hold an IEP meeting to develop a plan for conducting a functional behavioral assessment unless a functional behavioral assessment has been completed on the behavior that resulted in the removal.

b. If there is a behavioral intervention plan in place, review the plan if one or more team members believe that revisions are needed.

5. As soon as practicable after developing a plan for conducting a functional behavioral assessment and completing the assessments required by the plan, the district will hold an IEP meeting to develop appropriate interventions to address the behavior and shall implement those interventions.

6. The district is not required to determine whether the behavior resulting in the disciplinary removal is a manifestation of the studentís disability.

7. Upon subsequent removals of up to 10 school days that are not a pattern, the IEP team shall review the behavior intervention plan and its implementation to determine if modifications are necessary.

8. If a parent disagrees with the suspension and requests a due process hearing:

a. The district may require the student to complete the suspension before returning to his/her current educational placement.

b. The student will return to the current educational placement after the suspension unless the student is removed to an interim alternative educational setting or the parent and district agree to another placement pending the hearing.

D. Disciplinary removals of more than 10 school days (pattern or consecutive)

1. When a student is removed for disciplinary reasons for more than 10 school days, it is considered a change in the studentís educational placement if:

a. The removal is for more than 10 consecutive school days, or

b. The removal is for more than 10 cumulative school days, and it constitutes a pattern of removals.

2. In initiating this type of removal, the district will:

a. Immediately schedule an IEP meeting for the purpose of addressing the studentís behavior.

b. Not later than the date on which the decision to remove a student under 1. is made:

1) Provide notice of disciplinary action for an expulsion, and

2) Provide Notice of Procedural Safeguards to the parent.

3. Immediately or within 10 business days, the district will hold an IEP meeting to:

a. Develop an assessment plan unless a functional behavioral assessment has been completed on the behavior that resulted in the disciplinary removal or, if there is a behavioral intervention plan in place, to review the plan and revise, as appropriate.

b. Determine whether the studentís behavior is a manifestation of the studentís disability.

c. Review the studentís IEP and placement, and revise, as appropriate.

4. If the IEP team determines that the studentís behavior is a manifestation of the studentís disability, the district will not proceed with this type of removal. The district may:

a. Review and revise the studentís IEP and placement.

b. For weapons or drug behavior, request a hearing for removal to an interim alternative educational setting.

c. For injurious behavior, request a hearing for removal to an interim alternative educational setting.

5. If the IEP team determines that the studentís behavior is not a manifestation of the studentís disability, the district may proceed with disciplinary action as it would for a non-disabled student. In taking this action, the district will:

a. Ensure that the special education and disciplinary records of the student with a disability are transmitted for consideration by the school personnel making the final determination regarding the disciplinary action.

b. Provide the services, determined by the IEP team, that are necessary to enable the student to:

1) Appropriately progress in the general curriculum.

2) Appropriately advance toward achieving the goals in the studentís IEP.

c. As soon as practicable after developing a plan for conducting a functional behavioral assessment and completing the assessments required by the plan, the district will hold an IEP meeting to develop appropriate behavioral interventions to address the behavior and shall implement those interventions.

d. If a studentís educational placement changes as a result of the IEP/placement reviews, the district will provide prior written notice of change in placement.

6. If a parent disagrees with the manifestation determination or any decision about placement related to the disciplinary removal, and requests a due process hearing, the student will remain in the current educational placement unless the student is removed to an interim alternative educational setting or unless the parent and district agree to another placement pending the hearing.

E. Manifestation Determination

1. The district will complete a manifestation determination before a student is removed for disciplinary reasons for more than 10 school days if the removal constitutes a change in the studentsí educational placement. A change in placement is:

a. A removal for more than 10 cumulative days that constitutes a pattern.

b. A removal for more than 10 consecutive days.

c. A removal to an interim alternative educational setting.

2. The manifestation determination will be conducted by the studentís IEP team, and as appropriate, other qualified personnel. All relevant information related to the behavior subject to disciplinary action will be considered, including:

a. Evaluation and diagnostic results, including information from the parents.

b. Observation of the child.

c. The studentís IEP and placement.

3. The IEP team will determine that the studentís behavior is not a manifestation of the studentís disability only if:

a. The studentís IEP and placement were appropriate in relationship to the behavior subject to the disciplinary action.

b. The special education services, supplementary aids and services and behavior intervention strategies were provided consistent with the childís IEP and placement.

c. The studentís disability did not impair the ability of the student to understand the impact and consequences of the behavior subject to disciplinary action.

d. The studentís disability did not impair the ability of the student to control the behavior subject to disciplinary action.

4. The IEP team and other qualified personnel will determine that the studentís behavior is a manifestation of the studentís disability if:

a. The studentís IEP and placement were found to be inappropriate in relationship to the behavior subject to the disciplinary action.

b. The special education services, supplementary aids and services and behavior intervention strategies were provided inconsistently with the studentís IEP and placement.

c. The studentís disability impaired the ability of the student to understand the impact and consequences of the behavior subject to disciplinary action.

d. The studentís disability impaired the ability of the student to control the behavior subject to disciplinary action.

5. If, in conducting the manifestation determination review, deficiencies in the studentís IEP, placement or implementation are identified, the district will take immediate steps to remedy those deficiencies.

F. Removal of an Interim Alternative Educational Setting by School District (Drugs and Weapons)

1. A student may be removed from the current educational placement to an appropriate interim alternative educational setting for the same amount of time that a student without a disability would be subject to discipline, but for not more than 45 calendar days in a school year for a drug or weapon violation. This removal is a change in placement.

2. For the purpose of determining a drug or weapon violation, the district will apply the definitions in board policy JGDA/JGEAĖDiscipline of Disabled Students.

3. If a student is removed for a drug or weapon violation as defined above, the district will:

a. Immediately schedule an IEP meeting (which will be convened within 10 business days of the disciplinary action)

b. Not later than the date on which the decision to take action is made, provide the parent with notice of disciplinary action for a suspension or expulsion, and notice of the decision to remove the student to an interim alternative educational setting.

c. Provide Notice of Procedural Safeguards to the parent.

4. Immediate or within 10 business days, the district will convene an IEP meeting to:

a. Develop a functional behavioral assessment plan, or

b. If a functional behavioral assessment has already been completed on the behavior that resulted in the removal, the IEP team will review the plan and revise it as needed.

c. Determine whether the studentís behavior is a manifestation of the studentís disability.

d. Review the studentís IEP, and revise as appropriate.

e. Determine the specific interim alternative educational setting which will enable the student to continue to:

1) Progress in the general curriculum, although in another setting.

2) Receive special education services and modifications described in the studentís IEP that will enable the student to meet IEP goals.

3) Include services and modifications that address the misconduct and are designed to prevent the misconduct from recurring.

5. If the IEP team determines that the studentís behavior is a manifestation of the disability, the district will not proceed with this disciplinary action, but may:

a. Continue the studentís placement in the interim alternative educational setting until the end of the 45-day period.

b. Review and revise the studentís IEP and placement.

c. Seek a hearing officerís removal for injurious behavior.

6. If the IEP team determines that the studentís behavior is not a manifestation of his/her disability, the district may proceed with disciplinary action applicable to students without disabilities, in the same manner in which it would apply to students without disabilities. If proceeding with this disciplinary action, the district will:

a. Ensure that the special education and disciplinary records of the student are given to school personnel for consideration in making the final determination regarding the disciplinary action.

b. Provide the services, determined by the IEP team, that are necessary to enable the student to appropriately progress in the general curriculum and to appropriately advance toward achieving the goals in the studentís IEP.

7. If the studentís educational placement changes as a result of the IEP/placement reviews, the district will provide the parent with prior written notice of change in placement.

8. As soon as practicable after developing a plan for conducting a functional behavioral assessment and completing the assessments required by the plan, the district will hold an IEP meeting to develop appropriate behavior interventions to address the behavior and shall implement those interventions.

9. If the parent(s) of the student requests a due process hearing because he/she disagrees with the manifestation determination, the removal of the interim alternative educational setting or any decision about placement related to a disciplinary removal:

a. The student will remain in the interim alternative educational setting pending the decision of the hearings officer or for 45 calendar days, whichever occurs first unless.

1) The parent and school district agree otherwise, or

2) The student is removed for injurious behavior to an interim alternative educational setting by a hearings officer.

10. In reviewing a decision to place the student in an interim alternative educational setting for a drug and weapons violation, the hearings officer shall apply the standards in OAR 581-015-0556 (3).

G. Removal of an Interim Alternative Educational Setting by Hearings Officer (Injurious Behavior)

1. The district may request an expedited due process hearing to obtain a hearings officerís order to remove a student to an interim alternative educational setting for not more than 45 days if the student is exhibiting injurious behavior. For the purpose of this request, "injurious behavior" is defined as behavior that is substantially likely to result in injury to the student or to others.

2. District personnel will determine the specific alternative educational setting in consultation with the studentís special education teacher(s) or with the IEP team.

3. If a student is removed to an interim alternative educational setting by a hearings officer for injurious behavior, the district will:

a. Immediately schedule an IEP meeting (which will be convened within 10 business days of the disciplinary action)

b. Not later than the date on which the decision to take action is made.

1) Provide the parent with notice of any suspension or expulsion, if applicable, and notice of the decision to remove the student to an interim alternative educational setting.

2) Provide the parent with Notice of procedural Safeguards.

4. If the district initiates a disciplinary removal to an interim alternative educational setting, the district will, immediately or within 10 business days, convene an IEP meeting to:

a. Develop a functional behavioral assessment plan, or

b. If a functional behavioral assessment has already been completed on the behavior that resulted in the removal or, if there is a behavioral intervention plan in place, the IEP team will review the plan and revise it as needed.

c. Determine whether the studentís behavior is a manifestation of his/her disability.

d. Review the studentís IEP, and revise it, as appropriate.

e. Determine the specific interim alternative educational setting which will enable the student to continue to:

1) Progress in the general curriculum, although in another setting.

2) Receive special education services and modifications described in the studentís IEP that will enable the student to meet IEP goals.

3) Include services and modifications that address the misconduct and are designed to prevent the misconduct from recurring.

5. If the IEP team determines that the studentís behavior is a manifestation of his/her disability the district will not proceed with the disciplinary action, but may:

a. Continue the studentís placement in the interim alternative educational setting until the end of the 45-day period.

b. Review and revise the studentís IEP and placement.

c. Seek another up to 45-day removal for injurious behavior from the hearings officer.

6. If the IEP team determines that the studentís behavior is not a manifestation of his/her disability, the district may proceed with disciplinary action applicable to students without disabilities, in the same manner in which it would apply to students without disabilities. In taking this disciplinary action, the district will:

a. Ensure that the special education and disciplinary records of the student are given over for consideration to the school personnel making the final determination regarding the disciplinary action.

b. Provide the services, determined by the IEP team, that are necessary to enable the student to appropriately progress in the general curriculum and to appropriately advance toward achieving the goals in the studentís IEP.

7. If the studentís educational placement changes as a result of the IEP/placement reviews, the district will provide prior written notice of change in placement.

8. As soon as practicable after developing a plan for conducting a functional behavioral assessment and completing the assessments required by the plan, the district will hold an IEP meeting to develop appropriate behavior interventions to address the behavior and shall implement those interventions.

9. If the parent(s) of the student requests a due process hearing because he/she disagrees with the manifestation determination, the removal to the interim alternative education setting or any decision about placement related to a disciplinary removal:

a. The student will remain in the interim alternative educational setting pending the decision of the hearings officer or for 45 calendar days, whichever occurs first, unless

b. The parent and school district agree otherwise, or, the student is removed by a hearings officer for additional 45-day period(s) for injurious behavior.

10. The district may seek a court order to remove a student from his/her current educational placement to another placement if the district believes that maintaining the student in the current educational placement is substantially likely to result in injurious behavior.

H. Interim Alternative Educational Setting

1. The district will ensure that an interim alternative education setting:

a. Enables the student to continue to progress in the general curriculum, although in another setting.

b. Ensures that the student receives special education services described in the studentís IEP that will enable the student to meet IEP goals, and

c. Includes services and modifications that address the misconduct, and are designed to prevent the misconduct from recurring.

I. Protections for Children not yet Eligible for Special Education

1. The district will apply these protections to students not yet identified as students with a disability if the district had knowledge that the student was a student with a disability. The district has such knowledge if:

a. A parent has expressed a concern in writing (or orally if the parent does not know how to write or has a disability that prevents a written statement) to school personnel that his/her student is in need of special education and related services.

b. The behavior or performance of a student demonstrates the need for special education and related services in relation to state eligibility criteria for disabilities.

c. The parent of a student has requested a special education evaluation of his/her child, or

d. The teacher of the student has, or other school personnel, expressed a concern about the behavior or performance of the student to the districtís special education representative in accordance with the districtís special education referral system.

2. The district will not be considered to have knowledge of a disability if the district:

a. Conducted a special education evaluation in accordance with state eligibility criteria for disabilities and determined that the student was not eligible, and gave the parent prior written notice of that determination, or

b. Determined that there was no suspicion of a disability, and gave the parent prior written notice of the refusal to evaluate.

3. If the district did not have knowledge, it may take the same disciplinary actions as applied to students without disabilities who engage in comparable behavior.
However:

a. If a special education evaluation is requested, or if the district initiates a special education evaluation, the evaluation will be conducted in an expedited manner.

b. Until the evaluation is completed, the student will remain in the educational placement determined by school personnel, which can include suspension, expulsion or placement in alternative education.

c. Upon completion of the evaluation, if the student is determined to be a student with a disability, the district will conduct an IEP meeting to develop an IEP and determine placement and shall provide special education and related services.

d. The district will apply the discipline provisions beginning on the date of the eligibility determination.

 

Adopted: 10/21/03
Revised: 12/07/04



549C Medford School District

Medford School District 549C Mission Statement
We are a high quality teaching and learning organization dedicated to preparing all students to graduate with a sound educational foundation, ready to succeed in post-secondary education, and to be contributing community members.

Medford Public Schools 549C recognizes the diversity and worth of all individuals and groups and their roles in society and our community. It is the policy of the Medford School Board that there will be no discrimination or harassment of individuals or groups on the grounds of age, color, creed, disability, marital status, national origin, race, religion, sex or sexual orientation in any educational programs, activities or employment.
For District Federal Title Program compliance, please contact the Office of Federal Programs: (541) 842-3633
For District Section 504 of the Rehabilitation Act compliance, please contact the Office of Special Education & Student Services: (541) 842-3628
For District American Disabilities Act compliance, please contact the Office of Human Resources: (541) 842-3625



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