SCHOOL YEAR 2016-17 DISCIPLINE REPORT
Removals to an interim alternative education setting
IDEA provides certain procedural safeguards that apply when a student with a disability (or a student
who is suspected of having a disability) violates a code of student conduct and receives a suspension or
expulsion that results in the student being removed from his or her current educational placement. A
student with a disability who violates a code of student conduct may be removed from his or her current
placement to an appropriate interim alternative educational setting, another setting, or suspension, for
not more than 10 school days.
If a student with a disability is removed from his or her current
placement for more than 10 school days (either consecutively or cumulatively totaling 10 days), the LEA
must conduct a meeting to determine if the behavior that gave rise to the violation of the school code is
a manifestation of the student’s disability.
However, school personnel are permitted to 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 child's disability if a 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 OSSE 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 OSSE 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 OSSE or an LEA.
There were 31 instances when a student was removed to an interim alternative educational setting
during the 2016-17 school year. Appendix C shows the number of interim removals by LEA and the
number of interim removals by school.
Suspensions and Expulsions for Pre-K Students
The Pre-K Student Discipline Amendment Act of 2015 prohibits the expulsion of Pre-K age students from
publicly funded community-based organizations (CBO) and public schools providing Pre-K care and
education. According to the data OSSE received from LEAs, no students in grades Pre-K 3 or Pre-K 4 were
expelled during the 2016-17 school year.
The Act also prohibits out-of-school suspensions for pre-K age students unless a school administrator
determines that the student willfully caused or attempted to cause bodily injury, or threatened serious
bodily injury to another person, except if the student acted in self-defense. Suspensions given to Pre-K
age students cannot exceed three days for any individual incident. According to the data OSSE received
from LEAs, six Pre-K age students received out-of-school suspensions in the 2016-17 school year. These
six students accumulated a total of nine distinct out-of-school suspensions. The majority of these
suspensions lasted one day. This number is an improvement over the 2015-16 school year, where nine
students accumulated a total of 16 incidents. For 2016-17, some of the nine suspensions were the result
of physical interactions that resulted in minor injury. The majority of out-of-school suspensions for Pre-K
students, however, were caused by disruptive behavior where no injury was reported. In response to
LEAs reporting disciplinary actions in violation of these prohibitions for the 2016-17 school year, OSSE is
34 C.F.R. § 300.530(b).
34 C.F.R. § 300.530(e).
34 C.F.R. §300.530(g).