1. PROCEDURAL DUE PROCESS
1.1. Develop School Policies
1.1.1. Follow NH Rules and available on written discipline policy and when a student is being disciplined needs to be documented in IEP or BIP.
1.2. Protections to Students
1.2.1. Both Short term and Long Term. Written or oral notice of charges must be supplied along with the opportunity to respond. With a long term suspension students need to be supplied with "notice of evidence, witnesses, may have a hearing, the right to confront witnesses and present their own and have right to appeal" (Yell, 2012, p.336)
2. Substantive Due Process: Rights to Reasonableness
2.1. These Right (Rules) are established by the state and must be reasonable as they relate to education. The purpose (such as NH Rules) is to :allow students to distinguish permissible from prohibited behavior" (Yell, 2012, p.337)
3. Disciplinary Procedures
3.1. 45 Day
3.1.1. Special Circumstances: If student poses a threat whether as result of disability or not.
3.1.1.1. Student may be placed in Interim Alternative Educational Setting (IAES)
3.1.1.1.1. During the child’s placement in the IAES, the IEP Team must (if one has not already been done) conduct a FBA and develop a positive behavioral intervention plan (BIP)
3.2. Short Term
3.2.1. misconduct results in less than 10 consecutive days removal and total removal for year less than 10 days
3.2.1.1. removal results in less than 10 consecutive days but total removal for the year is more than 10 days
3.3. Long Term
3.3.1. Not allowed for IDEA and Section 504 students unless the behavior is unrelated to the disability
3.3.1.1. Manifestation Determination:not later than 10 school days after the decision is made, the IEP Team and other qualified professionals, such as the school psychologist, must hold a meeting, to make a manifestation determination.