Student Planner 2013-14 - Pinkerton Academy

plinary action occurred: 1) the child’s parent expressed concern in writing to the child’s teacher(s) or administrationthat the child is in need of special education and related services; 2) the parent requested an evaluation; or 3) thechild’s teacher or other Academy staff expressed specific concerns about a pattern of behavior demonstrated bythe child to the Director of Special Education or other supervisory personnel of the Academy. The Academy doesnot have knowledge that a child may be a child with a disability if: 1) the parent has refused to allow the child to beevaluated or has refused services under the IDEA; or 2) the child has been evaluated and determined not to be achild with a disability under the IDEA.If the Academy does not have knowledge that a child may be a child with a disability, then the child may besubjected to discipline. However, if the child’s parent requests an evaluation, one must be conducted in an expeditedmanner. Until the evaluation is completed, the child remains in the educational placement determined by theadministration, which can include suspension or expulsion.In the event a student with an educational disability is suspended in excess of 10 days or expelled, it is theresponsibility of the Sending District, and not Pinkerton Academy, to see that the special education student is providedwith a free, appropriate education at public expense during the period of any such suspension or expulsion.The suspension procedures which apply to all students will be followed, with these additional procedures:1. The Special Education Director will notify, in writing, the designated person in charge of special educationfrom each sending district each time a special education student is suspended or facing possible expulsion,pending a manifestation determination meeting.2. The parent of the student will be informed of the contact person for each of the sending districts and thecontact person at Pinkerton Academy in charge of special education.3. If a student is going to be suspended for more than 10 cumulative days during the same school year,Pinkerton Academy will call a meeting of the student’s IEP Team, for the purpose of conducting a manifestationdetermination (described above). If the behavior is a manifestation of the student’s disability,the student’s IndividualEducation Plan, Behavior Plan (if appropriate) and Functional Behavioral Assessment (if appropriate) will beevaluated and a determination will be made as to any modifications or changes in placement.4. The parent of the child with a disability who disagrees with any decision regarding placement under Ed1124.01, 34 CFR 300.530 and 300.531, or the manifestation determination, or an LEA that believes that maintainingthe current placement of the child is substantially likely to result in injury to the child or others, may appeal thedecision by requesting a hearing. The hearing is requested by filing a complaint pursuant to 34 CFR 300.507 and300.508 (a) and (b).5. Information regarding the contact persons who monitor students receiving special education servicesfrom the respective school districts is available through the Special Education Office (437-5200 ext. 1136).6. In certain situations regarding school safety, the administration may ask the IEP team to consider anemergency 45-day placement.Note: In accordance with Ed.1124.01 and 34 C.F.R. 300.530(f)(2): A parent and the LEA can agree to an interimalternative placement, as part of the modification of the student’s behavior intervention plan, even if the behavior isa manifestation of the student’s disability.A student receiving educational services under a Section 504 plan shall also receive the benefit of the suspension/expulsionprocedures set forth above. However, in the event that their behavior is not determined to be amanifestation of their disability, the student may be disciplined by Pinkerton Academy and may not be entitled toreceive educational services from their Sending District during the period of discipline.Note: Parents should refer to their copy of the Parent Procedural Safeguards or they may request a copy fromthe Pinkerton Academy Special Education Department at 437-5200 ext. 1184.III. General RulesThe following rules and regulations apply while a student is on school property, at school-sponsored activities, orat off-campus events in which Pinkerton Academy is a participant. Rules pertaining to violence, threats of violence,bullying, hazing, and harassment of any type may also apply to students while they are on their way to or from15