La. Admin. Code tit. 28 § XLIII-530

Current through Register Vol. 50, No. 4, April 20, 2024

Section XLIII-530 - Authority of School Personnel

A. Case-by-Case Determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the requirements of this section, is appropriate for a student with a disability who violates a code of student conduct.

B. General

1. School personnel under this section may remove a student with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to students without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under §536).

2. After a student with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the public agency shall provide services to the extent required under Subsection D of this Section.

3. No form of corporal punishment shall be administered to a student with an exceptionality, excluding students identified as gifted and talented, as defined in R.S. 17:1942 or to a student who has been determined to be eligible for services under section 504 of the Rehabilitation Act of 1973 and has an individual accommodation plan.

4.Corporal Punishment - using physical force to discipline a student, with or without an object, and includes hitting, paddling, striking, spanking, slapping, or any other physical force that causes pain or physical discomfort.

5. Corporal punishment does not include:

a. the use of reasonable and necessary physical restraint of a student to protect the student, or others, from bodily harm or to obtain possession of a weapon or other dangerous object from a student;

b. the use of seclusion and restraint as provided in R.S. 17:416.21.

C. Additional Authority. For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the student's disability pursuant to Subsection E of this Section, school personnel may apply the relevant disciplinary procedures to students with disabilities in the same manner and for the same duration as the procedures would be applied to students without disabilities, except as provided in Subsection D of this Section.

D. Services

1. A student with a disability who is removed from his or her current placement pursuant to Subsection C or G of this Section shall:

a. continue to receive educational services, as provided in §101. A, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP; and

b. receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

2. The services required by Paragraphs D.1, D.3, D.4, and D.5 of this Section may be provided in an interim alternative educational setting.

3. A public agency is only required to provide services during periods of removal to a student with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a student without disabilities who is similarly removed.

4. After a student with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under §536, school personnel, in consultation with at least one of the student's teachers, determine the extent to which services are needed as provided in §101. A, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP.

5. If the removal is a change of placement under §536, the student's IEP Team determines appropriate services under Paragraph D.1 of this Section.

E. Manifestation Determination

1. Within 10 school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the student's IEP Team (as determined by the parent and the LEA) shall review all relevant information in the student's file, including the student's IEP, any teacher observations, and any relevant information provided by the parents to determine:

a. if the conduct in question was caused by, or had a direct and substantial relationship to, the student's disability; or

b. if the conduct in question was the direct result of the LEA's failure to implement the IEP.

2. The conduct shall be determined to be a manifestation of the student's disability if the LEA, the parent, and relevant members of the student's IEP Team determine that a condition in either Subparagraph E.1.a or 1.b of this Section was met.

3. If the LEA, the parent, and relevant members of the student's IEP Team determine the condition described in Subparagraph E.1.b of this Section was met, the LEA shall take immediate steps to remedy those deficiencies.

F. Determination that Behavior was a Manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the student's disability, the IEP Team shall:

1. either:

a. conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the student; or

b. if a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and

2. except as provided in Subsection G of this Section, return the student to the placement from which the student was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.

G. Special Circumstances. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the student's disability, if the student:

1. carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the LDE or an LEA;

2. knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of the LDE or an LEA; or

3. has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the state or an LEA.

H. Notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a student with a disability because of a violation of a code of student conduct, the LEA shall notify the parents of that decision, and provide the parents the procedural safeguards notice described in §505.

I. Definitions. For purposes of this section, the following definitions apply:

1.Controlled Substance-a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ).

2.Illegal Drug-a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.

3.Serious Bodily Injury-the meaning given the term "serious bodily injury" under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code.

4.Weapon-the meaning given the term "dangerous weapon" under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code.

La. Admin. Code tit. 28, § XLIII-530

Promulgated by the Board of Elementary and Secondary Education, LR 34:2076 (October 2008), Amended LR 432494 (12/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.