Student Planner 2013-14 - Pinkerton Academy

Special Circumstances:School personnel may remove a student to an interim alternative educational setting for not more than 45 schooldays without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child:• carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under thejurisdiction of the school;• knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, onschool premises, or school functions under the jurisdiction of the school or• has inflicted serious bodily injury upon another person while at school, on school premises, or at a school functionunder the jurisdiction of the school.When a student is removed to an interim alternative educational setting, the Academy shall provide the student’s parent/guardianwith a copy of the procedural safeguards. The IEP team determines the location for the interim alternativeeducational setting.ExpulsionDrawing upon RSA 193:13 for guidance, the Board of Trustees reserves the right to expel a student for “grossmisconduct,” for “neglect or refusal to conform to the reasonable rules of the school,” for an “act of theft, destruction, orviolence in a Safe School Zone,” or “for possession of a pellet or BB gun, rifle, or paint ball gun.” Said student shall notattend school until restored by the Board. Such expulsions shall be subject to review if requested prior to the start ofeach school year. The Board of Trustees consents to review of any such expulsion by the State Board of Education. TheAcademy reserves the right to refuse to admit any student who has been expelled from another school District in NewHampshire or in any other State.Any student who brings or possesses a firearm as defined in Section 921 of Title XVIII of the United States Codein the Pinkerton Academy Safe School Zone without prior written authorization from the Headmaster/designee shallbe expelled from Pinkerton by the Board of Trustees for a period of not less than 12 months. Any pupil expelled fromanother school in New Hampshire, or any other state, under the provisions of the Gun-Free Schools Act of 1994 shall notbe eligible to enroll in the Academy for the period of the student’s expulsion.In the event a student who receives special education services is facing expulsion, the Academy will convene amanifestation determination meeting to determine:1) if the behavior/conduct is caused by the direct result of the LEA’s failure to implement the IEP; 2) if the behavior/conduct had a direct and substantial relationship to the student’s identified disability as determined by the IEP Team; or,3) if the behavior/conduct was caused by the student’s disability.If the answer is yes to either 1, 2, or 3, then the behavior is a manifestation of the student’s disability, and the teammust complete a Functional Behavioral Assessment and implement a Behavior Intervention Plan. If a Behavior InterventionPlan has already been developed, the Team must review the existing plan and modify it, as necessary to addressthe student’s behavior. The student must be returned to his/her current placement, unless the student’s IEP Team agreesto a change in placement.If the behavior is not a manifestation of the student’s disability, the Student may be disciplined, and the expulsionproceeding would commence.The Academy shall provide the students parent/guardian with a copy of the proceduralsafeguards.If the Academy has knowledge that a student that it is seeking to suspend (for more than 10 days) or expel, then,prior to suspending or expelling the student, then the Academy will convene a manifestation determination meeting todetermine: 1) if the behavior/conduct had a direct and substantial relationship to the student’s suspected disability; or 2)if the behavior/conduct was caused by the student’s suspected disability. If the answer to either 1 or 2 is yes, then thebehavior is a manifestation of the student’s suspected disability and the Team must complete a Functional BehavioralAssessment and implement a Behavior Intervention Plan. If a Behavior Intervention Plan has already been developed,the Team must review the existing plan and modify it, as necessary to address the student’s behavior. The student mustbe returned to his/her current placement, unless the student’s IEP Team agrees to a change in placement.If the behavior is not a manifestation of the student’s suspected disability, the Student may be disciplined, and thesuspension or expulsion proceeding would commence. The Academy shall provide the students parent/guardian with acopy of the procedural safeguards.The Academy has knowledge that a child may be a child with a disability if, before the behavior that led to the disci-14