N.M. Admin. Code § 6.11.2.11 - DISCIPLINARY REMOVALS OF STUDENTS WITH DISABILITIES
A. General. The following rules shall apply
when a student with a disability under IDEA violates a rule of conduct as set
forth in this rule which may result in:
(1)
long-term suspension or expulsion; or
B. Manifestation determination.
(1) For disciplinary removals of students
with disabilities that exceed 10 consecutive school days or result in a
disciplinary change of placement as defined by
34 CFR
300.536, the administrative authority must
conduct a manifestation determination to determine whether the conduct was a
manifestation of the child's disability pursuant to this Subsection.
(2) Within 10 school days of any decision to
change the placement of a child with a disability because of a violation of a
rule of student conduct, the administrative authority, the parent, and relevant
members of the child's IEP team (as determined by the parent and the
administrative authority) must review all relevant information in the student's
file, including the child's IEP, any teacher observations, and any relevant
information provided by the parents to determine:
(a) if the conduct in question was caused by
or had a direct and substantial relationship to, the child's disability;
or
(b) if the conduct in question
was the direct result of the administrative authority's failure to implement
the IEP.
(3) If the
administrative authority, the parent, and relevant members of the child's IEP
team determine the condition in either Subparagraph (a) or (b) of Paragraph (2)
of Subsection B of
6.11.2.11 NMAC is met, the conduct
must be determined to be a manifestation of the child's disability.
C. Determination that behavior is
a manifestation of disability. If the administrative authority, the parent, and
relevant members of the IEP team determine the conduct was a manifestation of
the child's disability, the IEP team must take immediate steps to comply with
34 CFR Sec.
300.530(f) and remedy any
deficiencies.
D. Determination that
behavior is not a manifestation of disability. If the administrative authority,
the parent, and relevant members of the IEP team determine the conduct was not
a manifestation of the child's disability, school personnel may apply the
relevant disciplinary procedures to a child with a disability in the same
manner and for the same duration as the procedures would be applied to children
without disabilities, except as provided in Subsection I of this
section.
E. Special circumstances.
School personnel may remove a student to an interim alternative educational
setting for not more than 45 school days without regard to whether the behavior
is determined to be a manifestation of the child's disability, if the child's
behavior involves one of the special circumstances listed in
34 CFR Sec.
300.530(g). For purposes of
this subsection, the definitions provided in
34 CFR Sec.
300.530(i) shall
apply.
F. Determination of setting.
The student's IEP team determines the interim alternative educational setting
for service under Subsections D and E of this section.
G. Change of placement because of
disciplinary removals. For purposes of removals of a student with a disability
from the child's current educational placement under
6.11.2.11 NMAC and
6.11.2.12 NMAC, a change of
placement occurs if the conditions provided in
34 CFR Sec.
300.536 are met.
H. Parental notification. On the date on
which the decision is made to make a removal that constitutes a change of
placement of a student with a disability because of a violation of a code of
student conduct, the administrative authority must notify the parents of that
decision, and provide the parents the procedural safeguards notice described in
34 CFR Sec.
300.504.
I. Services. A student with a disability who
is removed from the student's current placement for 10 school days in the same
school year must continue to receive special education and related services as
provided in 34 CFR Sec.
300.530(b) and
34 CFR Sec.
300.530(d).
J. Appeal.
(1) The parent of a student with a disability
who disagrees with any decision regarding the placement or the manifestation
determination under this section, or an administrative authority that believes
that maintaining the current placement of the student is substantially likely
to result in injury to the student or others, may appeal the decision by
requesting a hearing. The hearing is requested by filing a complaint pursuant
to Subsection I of
6.31.2.13 NMAC.
(2) A hearing officer who hears a matter
under Paragraph (1) of Subsection J of
6.11.2.11 NMAC, has the authority
provided in 34 CFR Sec.
300.532(b).
(3) When an appeal under this subsection has
been made by the parent or the administrative authority, the student must
remain in the interim alternative educational setting pending the decision of
the hearing officer or until the expiration of the time period specified in
Subsections D or E of this section, whichever occurs first, unless the parent
and the administrative authority agree otherwise.
Notes
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