Suspensions and School Removals for up to 10 days

 

Suspensions and school removals for up to 10 school days (cumulative or consecutive) in a school year is permissible if classified students are subject to the same procedures as non-disabled students with the following caveats:

 

a. At the time of removal principal forwards written notice with reasons to the case manager.

 

b. School staff, including the special education teacher, determine what educational services are needed during the removal for the student to progress in the general curriculum and achieve IEP goals.

 

c. The IEP team (including the parent) must determine whether a "manifestation determination," functional behavioral assessment &/or positive Behavior Intervention Plan are necessary.

 

d. For subsequent removals in a school year for less than ten days of a student who already has an FBA and PBS/BIP, the IEP team members individually can review the plan and its implementation. The review of the student's behavior may take place without a meeting unless one or more of the team members believe that the plan (or its implementation) needs modification.

 

Not later than the date on which the decision to take disciplinary action is made,

 

a. the district shall notify the parents of that decision, and of all procedural safeguards accorded under this section and in New Jersey

 

b. the principal shall forward written notification and a description of the reasons for such action to the case manager.

 

PREVENTING AND ADDRESSING CHALLENGING BEHAVIOR

Revised on October 15, 2005

 

Newark Teachers Union

Newark Public Schools

Statewide Parent Advocacy Network