Discipline Requirements Under NH Rules

1. The Right to Reasonableness

1.1. Appeal: The parent of a child with a disability who disagrees with any decision regarding placement or manifestation may appeal the decision by requesting a hearing. The hearing is requested by filing a complaint and having authority of a hearing officer. The hearing officer determines if the removal was a violation or if it was an action from the students disability. There can be a change of placement if the current placement is subject to injury or other harm.

1.2. The due process hearing must occur within 20 school days of the date of the complaint, and there will be a determination within 10 days after the hearing. The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the due process complaint. There may be different state imposed procedural rules for hearings to ensure requirements are met.

2. The IDEA & Discipline

2.1. There are strict guidelines regarding discipline in IDEA 2004 and the NH Rules

2.2. For disciplinary procedures: Each LEA shall develop disciplinary procedures, including, but not limited to, suspension , expulsion, manifestation determination, appeals, placement, protection, and referral for children with disabilities, consistent with the provisions of 34 CFR 300.530 - 300.536.

3. Disciplining Students not yet Eligible

3.1. A child who has not been determined to be eligible for special education related services and who has engaged in behavior that violated a code of student conduct, is allowed to recognize any of the protections if the public agency had knowledge that the child was a child with a disability before the behavior that caused the action occurred.

3.2. Basis of Knowledge: A public agency must have knowledge that a child is a child with a disability if before the behavior that precipitated the disciplinary action occurred. The parent or teacher of the child can express concern to a supervisory or administrative personnel, notifying that the child is in need of special education and related services.

3.3. The parent of the child requested an evaluation of the child pursuant or the teacher of the child, or other personnel expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of the agency or to other supervisory personnel of the agency. Exceptions: A public agency would not be deemed to have knowledge if the parent has not allowed an evaluation of the child in accordance, has refused services, has been evaluated and determined to not have a disability, conditions have no basis of knowledge, data is inconsistent, etc.

3.4. Until an evaluation is completed, the child remains in educational placement chosen by authorities.

4. Decision Making Steps

4.1. Disability suspected, referral made, evaluation, determination of eligibility/disability, development & approval of IEP, determine placement, ongoing monitoring. Student needs are evaluated and addressed. If the special education process is ineffective, inappropriate, violated, etc. then there will be disciplinary actions.

4.2. A behavior occurs, determine if behavior is manifestation of disability (yes, no), additional authority, provide services, IEP team determine condition, behavioral assessment, determine setting/needs, evaluate.

5. The Right to Fair Procedures

5.1. When students with disabilities cause behavioral issues at school that could result in suspension, there is a manifestation to determine whether or not the behavior is related to the student's disability.

5.2. Authority of school personnel, determination of setting, appeal, placement during appeal, protection for students not eligible. referral/action by law enforcement/judicial authorities, change of placement, services for current placement.

6. The Legal Status of Disciplinary Procedures

6.1. Strictly follow disciplinary procedures for children with disabilities. School personnel consider circumstances on a case-by-case basis when determining change in placement or appropriateness of the child with a disability. If student conduct is violated then disciplinary actions may occur.

7. School District Responsibilities

7.1. Case by case determination, determine violation of school conduct, additional authority, provide services, manifestation determination, special circumstances, notification, apply label/reasoning.