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BOARD POLICY 5062

In disciplining 504 handicapped students, the Student Discipline Policy, 5060, for regular education students shall be used with the following exceptions:

Whenever a 504 handicapped student, or a student who is in the process of being evaluated, is considered for long-term suspension or expulsion, certain procedures must be followed. A suspension or expulsion for more than ten consecutive school days constitutes a significant change in placement which triggers due process requirements.

A series of suspensions, each fewer than ten school days, may create a pattern of exclusion that constitutes a significant change in placement. Among the factors considered in determining whether a series of suspensions results in a significant change of placement are the length of each suspension, the proximity of the suspensions to one another, and the total amount of time the child is excluded from school.

Short-Term Suspension

Suspensions of up to ten school days are not considered changes in placement. The short-term suspension procedures required for regular education students are to be used for 504 handicapped students as well. Because a series of suspensions may constitute a change in placement, the knowledgeable group described below should meet for each short-term suspension. A re-evaluation is not required.

Long-Term Suspension/Expulsion

Section 504 of the Rehabilitation Act requires that a school district conduct a re-evaluation prior to a significant change in placement. The following procedures shall be used:

A "knowledgeable group" must first meet to determine, using appropriate evaluation procedures, whether the conduct is caused by the student's handicapping condition.

1. The knowledgeable group must be made up of at least three people including:
   1. The principal/assistant principal or designee;
   2. A school counselor, social worker or curriculum specialist if the school has these personnel; if not, the school psychologist;
   3. A person knowledgeable about the handicapping condition, for example, school psychologist, counselor, special education teacher, nurse, classroom teachers or curriculum specialist.
2. Purpose of the meeting is to:
   1. Determine if the conduct is caused by the student's handicapping condition;
   2. If it is determined that the misconduct is not caused by the child's handicap, the child may be excluded from school in the same manner as similarly situated non-handicapped children are excluded;
   3. If it is determined the handicapped child's misconduct is caused by the child's handicapping condition, an evaluation must be conducted to determine whether the child's current educational placement is appropriate;
   4. The Student Review Team shall convene within ten days to conduct the evaluation. The SRT should refer to the Administrative Regulation 6801, 504 Procedures at III. Evaluation Procedures and VI. Procedures for Review of Placement. (Complete Staffing Form TUSD 397-I)
3. Documentation will consist of:
   1. A completed 504 Suspension Review (TUSD 148, available from Region Service Center), and
   2. Suspension Letter - Make an extra copy for the Regional Assistant Superintendent. These papers should be kept as a packet. The principal can take responsibility for compiling the packet. (See TUSD Board Policy 5061)
   3. If the misconduct is caused by the handicapping condition, complete Staffing Form TUSD 397-I.

1. In an emergency situation where a student presents an immediate threat to himself or to others, staff may promptly adjust the placement or suspend the student for up to ten school days in accordance with student disciplinary procedures. A meeting of the knowledgeable group must be held as soon as is practicable.
   The due process procedures (see Rules and Regulations for Board Policy 5060, page 2, Short-Term Suspension and page 6, Long-Term Suspension and Expulsion) must be provided as soon as practicable following the removal of a student under emergency conditions. Only under emergency conditions may due process be provided following the application of discipline.
2. Note that these procedures need not be followed for students who are handicapped solely by the virtue of being alcoholics or drug addicts with regard to offenses against school disciplinary rules as to the use and possession of drugs and alcohol.

Legal References: Rehabilitation Act of 1973, Section 504
Goss v. Lopez, 95 S. Ct. 727
Cross References: Governing Board Policy 5060, Student Discipline
Governing Board Policy 5061, Discipline, Suspension, Expulsion For Special Education Students

TUCSON UNIFIED SCHOOL DISTRICT
Tucson, Arizona

Adopted by Governing Board: August 20, 1991

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