Due Process Procedures

QUESTIONS OR CONCERNS REGARDING A COMPLIANT OR DUE PROCESS MAY BE ADDRESSED DIRECTLY WITH THE BUILDING PRINCIPAL OR THE PUPIL PERSONNEL SERVICES OFFICE at 401.769.5492 X2212. 



SPECIAL EDUCATION PLACEMENT, PROGRAMMING, SERVICES, AND/OR ELIGIBILITY

Rhode Island Department of Education Grievance Procedure information links:

504 PROGRAMMING, PLACEMENT, SERVICES, AND/OR ELIGIBILITY

  • 504 Handbook (2011) - See Parent Rights on Page 29
  • Contact Suzanne Rathbun at 401.769.5492 X2212 for any issue regaring 504 Compliance

ENGLISH LANGUAGE LEARNER (ELL) PROGRAMMING AND/OR SERVICES

  • Contact Suzanne Rathbun at 401.769.5492 X2212 for any issue regarding ELL Compliance

     

DISCIPLINE FOR ALL STUDENTS

Following please find an outline of the state requirements for disciplining all students, including students either in special education services or going through the special education process;.  Please contact the building principal directly regarind issues, concerns, and/or about the appeals process regarding discipline of students. 
 

BASIC DUE PROCESS RIGHTS FOR ANY STUDENT:

  • Provide verbal and written notice of the charges
  • Provide an explanation of the evidence against the student
  • Provide an opportunity for the student to tell his or her side of the story
  • Provide notice/decision in writing to the parent/guardian of any action taken against the student on the day/date of the incident
  • Provide complaint/grievance procedure/appeals process notification to the parents.

General rules of thumb are:

  1. The Team Process (RTI, 504, and/or IEP) should always be employed for any student presenting with any concern, including behavior.  Here, behavioral supports that are positive, functional behavioral assessments, and/or manifestation determinations can assist in promoting more appropriate behaviors. 
  2.  Any student may be disciplined for up to 10 day of out of school suspension for a violation of student conduct.
  3. General education students disciplined more than 10 days require removal to an Alternate Interim Educational Placement (AIEP) with continual educational services or removal to another school setting with continual educational services
  • Complete functional behavioral assessment
  • Create behavioral improvement plan
  • Provide behavioral supports that are positive
  • The Team process and behavioral intervention plans can identify whether strict adherence to the student handbook is appropriate (or not), including specifying appropriate consequences.

Special education students disciplined more than 10 days require removal to an Alternate Interim Educational Placement (AIEP) with continual educational services or removal to another school setting with continual educational services

  • Complete functional behavioral assessment
  • Create behavioral improvement plan
  • Provide behavioral supports that are positive
  • Team process and the behavioral intervention plan can identify whether strict adherence to the student handbook is appropriate (or not), including specifying appropriate consequences.
  • IEP Team shall convene to change a student’s placement

 Any change in placement requires the activation of the IEP Team

  1.  Parent Notification and/or Prior Written Notice are require
  2. Parents can waive 10 day notification in order to expedite meeting
  3. Suspensions more than 10 days require completion of a Manifestation Determination to determine:
  • whether the conduct was caused by or had a direct and substantial relation to the child’s disability
  • or if the conduct was the direct results of the LEA’s failure to implement the student’s IEP

5.     Removal for at least 45 days are only permissive under the following circumstances

  • Carrying/possession of a weapon

Other things to consider:

  • Students known to have or is suspected of having a disability must be referred for special education services (non or without an IEP) as part of the district's Child Find activities
  • If school personnel have expressed concerns about a pattern of behavior demonstrated to an administrator, then that student can be covered under IDEIA and the 10 day rule
  •  In school suspensions are permissive and do not count toward the 10 days of school removal as along as an IEP student is provided with their IEP services, is afforded an opportunity to participate in the general education curriculum, and is allowed to participate with non-disabled children