In a matter involving a student with exceptional needs who is currently enrolled in a special education program, the Board of Education may order the student expelled only after an Individualized Education Plan (IEP) team has determined that the student's conduct subject to discipline is not a manifestation of his or her disability.

The student's parent or guardian is immediately notified of a decision to recommend expulsion, and is provided the procedural safeguards notice and informed of his or her right to participate in the IEP team meeting. The IEP team meeting must be held within ten school days of the decision to recommend expulsion, and at a time and place that is convenient to both the parent and school personnel. A telephone conference may be substituted for the IEP team meeting.

The IEP team must consider all relevant information when regarding the behavior subject to expulsion. This may include:

• Evaluation and diagnostic results
• Observations of the student
• Student's IEP and placement
• Behavioral intervention plan, if applicable

In a case where a functional behavioral assessment or behavioral intervention plan was not conducted or implemented for the student before the behavior subject to expulsion, the IEP team must develop an assessment plan to address it.

In evaluating a recommendation for expulsion, the team must agree upon several points:

• The student's disability did not impair his or her ability to control the behavior. If the IEP team or other qualified district staff determine that any of these are not met, the behavior must be considered a manifestation of the student's disability.
• The student's IEP and placement are appropriate in relationship to the behavior that results in an expulsion recommendation, and that supplementary aids, services and behavior intervention strategies are consistent and appropriate as well.
• The student's disability did not impair his or her ability to understand the impact and consequences of the behavior.