Student Discipline & Expulsion from a Superintendent’s Perspective: Special Education & Stray Thoughts

WASDA Conference Special Education and Expulsion

This past November, Kirk Strang spoke at the WASDA New Superintendents Academy on the topic of, Understanding and Preparing for Student Discipline and Expulsion from the Superintendent’s Perspective. During the presentation, one of the main areas of discussion was special education — specifically manifestation determination — as it pertains to suspension and expulsion.

In this article, we’re sharing the entirety of Kirk’s presentation on this subject, as well as some stray thoughts regarding suspension, expulsion, and some of their unwritten rules. For deeper insights into suspension and expulsion, feel free to check out the following series: The Latest on Pupil Suspension & Expulsion.

Let’s dive in …

Manifestation Determination

  1. A student with a disability may not be expelled without a manifestation determination meeting.
    1. The IEP team must convene and make a determination within 10 school days of the decision to recommend expulsion.
    2. The IEP team must determine whether the student’s behavior was a manifestation of his/her disability. If so, the student may generally not be expelled for that conduct. Behavior is determined to be a manifestation of a student’s disability if:
      1. The conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability; or
      2. The conduct in question was a direct result of the LEA’s failure to implement the student’s individualized education program (IEP).
  2. When there are multiple incidents of misconduct at issue, the IEP team must make a determination regarding each individual incident.
  3. The 10-day timeline to hold the meeting may not be extended. 
    If the pupil’s parent(s)/guardian(s) is unable to attend, the meeting may go forward without them. However, the Local Education Agency (LEA) must be able to show that they made at least three reasonable attempts to schedule the meeting at a date/time when the parent could attend.

  4. If the IEP team determines that the student’s conduct was a manifestation of his/her disability, he/she may generally not be expelled.

    However, the student may still be removed from the school to an Interim Alternative Educational Setting (IAES), for no more than 45 days, if the student:

    1. Carried or possessed a weapon at school, on school premises, to or at a school function;
    2. Knowingly possessed or used illegal drugs while at school, on school premises, or at a school function;
    3. Sold or solicited the sale of a controlled substance, while at school, on school premises, or at a school function; or
    4. Inflicted serious bodily injury upon another person while at school, on school premises, or at a school function.

Stray Thoughts on Suspension & Expulsion in Wisconsin Schools

SUSPENSION & INTERACTION WITH CO-CURRICULAR CODE OF CONDUCT

  1. Does it produce unintentional results in terms of, e.g., disqualification from participating in sports (and can the results that this generates survive troubleshooting)?
  2. If so, make revisions before the case lands on your desk on a Thursday, one day before the big game!

EXPULSION VARIANTS

  1. Permanent removal from school.
  2. Measured penalty (for example, a period of removal, followed by a return to school and an opportunity to graduate).
  3. Can be a vehicle for conditions for early reinstatement as part of an order of expulsion.

UNWRITTEN RULES

  1. Do not allow a school board member to join a hearing after evidence has been submitted.
  2. Expressly note the school board members’ obligations to consider the evidence fairly and extend the opportunity to board members to recuse themselves if they do not believe they can adjudicate the matter fairly and impartially. But remember:
    1. A school board member is generally impartial if they do not have a pecuniary interest in the outcome and have not been the target of personal abuse by the student or parents/guardians. In addition, verifying that school board members have not prejudged the case to the point that they cannot decide it any other way is appropriate and relevant to due process.
    2. Recusal may be permitted, but not entirely appropriate if it is done on other grounds.
    3. This is not subject to challenge at the hearing. Consequently, if school board members decide to remain on the board for the hearing after receiving this notice, the pupil and parents/guardians cannot cross-examine them about their decision (although they could raise any evident bias in a challenge to the board’s decision, bearing in mind that DPI may not consider this claim).
  3. The school board cannot remove one of its members from an expulsion hearing, even if the board feels that one member’s bias is clear and presents a danger to the orderly conduct of the hearing. A school board member cannot be barred from attending board meetings under state law, even if their participation might compromise due process.
  4. The administration should not read the incident reports or other packet materials verbatim when introducing them as evidence. The board will be bored. Summarize the evidence and read the quotes that punctuate your case effectively. For the same reasons, attach relevant board policies but do not read them to the board; tell the board why they apply to this case and little else is necessary.

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