Common use of Special Education Students Clause in Contracts

Special Education Students. A student qualified under the Individuals with Disabilities Education Act (IDEA) as reauthorized in 2004 may not be expelled from school, but in compliance with federal law and regulation may be given a change in placement. The Individualized Education Program Team generally determines a change in placement of an IDEA-qualified student. During any change in placement the school must provide services to the extent necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the child's Individualized Education Program. A student with a disability qualified under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 and not qualified under the Individuals with Disabilities Education Act as reauthorized in 2004 may be suspended or expelled from school and education services may be ceased, if nondisabled students in similar circumstances do not continue to receive education services. Readmittance procedure A student expelled from the District may request readmittance by making a written application to the Board. Readmission is at the discretion of the Governing Board. In addition, it is the prerogative of the Board to stipulate appropriate conditions for readmittance. The application for readmittance shall occur no less than nine (9) months after the date of the expulsion; however, the student may not be readmitted until at least two (2) complete semesters have passed (the remainder of the semester in which the violation has occurred and two [2] additional semesters). The application must: ♦ Be written and be directed to the attention of the Governing Board. ♦ Contain all information that the student and parent(s) consider relevant to the Governing Board’s determination as to whether or not to readmit the student. This should include information indicating: • An appreciation by the student of the severity and inappropriateness of the student’s prior misconduct. • That such misconduct or similar misconduct will not be repeated. • A description of the student’s activities since the expulsion. • Support of the student’s application for readmission. ♦ Be filed in the Superintendent’s office. The Governing Board shall meet in executive session to consider an initial application for readmission. The student and parents have the right to be present in the executive session, but do not have the right to make a presentation or address the Governing Board unless they are asked to do so by the Governing Board. For this reason, it is important that the application for readmission contain all information that the Governing Board may deem important in determining whether to readmit the student. The Governing Board, in its sole discretion, shall determine whether the student should be readmitted, and, if so, under what restrictions and conditions. The burden is on the student and parent(s) to convince the Governing Board that readmission is appropriate considering the interests of the expelled student, the District and the interests of the other students and staff members. The Governing Board’s decision is final. A student may file more than one (1) application for readmission. Applications subsequent to an initial application, however, may not be filed more frequently than every ninety (90) days, and the Governing Board shall meet to discuss and consider the application only if at least two (2) members of the Governing Board ask that the matter be placed on an agenda for discussion in executive session.

Special Education Students. A student qualified under the Individuals with Disabilities Education Act (IDEA) as reauthorized in 2004 may not be expelled from school, but in compliance with federal law and regulation may be given a change in placement. The Individualized Education Program Team generally determines a change in placement of an IDEA-qualified student. During any change in placement the school must provide services to the extent necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the child's Individualized Education Program. A student with a disability qualified under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 and not qualified under the Individuals with Disabilities Education Act as reauthorized in 2004 may be suspended or expelled from school and education services may be ceased, if nondisabled students in similar circumstances do not continue to receive education services. Readmittance procedure A student expelled from the District may request readmittance by making a written application to the Board. Readmission is at the discretion of the Governing Board. In addition, it is the prerogative of the Board to stipulate appropriate conditions for readmittance. The application for readmittance shall occur no less than nine (9) months after the date of the expulsion; however, the student may not be readmitted until at least two (2) complete semesters have passed (the remainder of the semester in which the violation has occurred and two [2] additional semesters). The application must: ♦  Be written and be directed to the attention of the Governing Board. ♦  Contain all information that the student and parent(s) consider relevant to the Governing Board’s determination as to whether or not to readmit the student. This should include information indicating: •  An appreciation by the student of the severity and inappropriateness of the student’s prior misconduct. •  That such misconduct or similar misconduct will not be repeated. •  A description of the student’s activities since the expulsion. •  Support of the student’s application for readmission. ♦  Be filed in the Superintendent’s office. The Governing Board shall meet in executive session to consider an initial application for readmission. The student and parents have the right to be present in the executive session, but do not have the right to make a presentation or address the Governing Board unless they are asked to do so by the Governing Board. For this reason, it is important that the application for readmission contain all information that the Governing Board may deem important in determining whether to readmit the student. The Governing Board, in its sole discretion, shall determine whether the student should be readmitted, and, if so, under what restrictions and conditions. The burden is on the student and parent(s) to convince the Governing Board that readmission is appropriate considering the interests of the expelled student, the District and the interests of the other students and staff members. The Governing Board’s decision is final. A student may file more than one (1) application for readmission. Applications subsequent to an initial application, however, may not be filed more frequently than every ninety (90) days, and the Governing Board shall meet to discuss and consider the application only if at least two (2) members of the Governing Board ask that the matter be placed on an agenda for discussion in executive session.