Expulsion Attorneys Wisconsin by twc78117

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									                                                                                                      SCHOOL EXPULSIONS



                  Expulsion Guidelines at a Glance
                Regular Education             Special Education –           Special Education             Regular Education –
                                              General                        – Special Circumstances      Possible Special
                                                                            Either: 1) drug or weapon     Education Eligibility
                                                                            is involved, or 2) child is   Child may be eligible
                                                                                                          Child may be eligible
                                                                            a danger to self or others    for special education
                                                                                                          for special education
                                                                            Either: 1) drug or weapon
                                                                                                          but has not yet been
                                                                                                          but has not yet been
                                                                            is involved, or 2) child is
                                                                                                          identified and is in
                                                                                                          identified and is in
                                                                            a danger to self or others
                                                                                                          regular education at time
                                                                                                          regular education at time
                                                                                                          of disciplinary
                                                                                                          of disciplinary
                                                                                                          proceeding
                                                                                                          proceeding
Maximum         5 consecutive days OR         G 5 consecutive days          5 consecutive days or         Same as regular education
length          15 consecutive days if        under state law               10 cumulative days            BUT if child is later
of suspension   notice of expulsion is sent   G 10 consecutive days         BUT                           found eligible, child is
                                              under special education       G If a weapon or drugs        entitled to all special
                                              law                           are involved, school          education protections,
                                              BUT if child is removed       may remove the child          such as right to receive
                                              for more than 10 cumula-      to an interim alternative     services after 10
                                              tive days in a school year,   educational setting for       cumulative days removed
                                              the district must provide     up to 45 days (IEP team
                                              educational services          determines setting)
                                              during any additional         G If a child is considered

                                              removals                      a danger to self or others,
                                                                            school may ask a court or
                                                                            ALJ to order placement
                                                                            to an interim alternative
                                                                            educational setting for up
                                                                            to 45 days

Required        Statutory notice of           1. Notice of change in      Same as Special                 1. Same notice of
Notice          expulsion to parents          placement (any removal      Education – General             expulsion hearing as
                and students under            for more than 10 days)                                      Regular Education
                Wis. Stat. § 120.13:          when district proposes                                      2. If parents file request
                G Hearing must be closed      change. Notice includes:                                    for special education
                upon request                  G Description of proposed                                   evaluation, entitled to
                G Right to be represented     action                                                      comprehensive notice of
                by counsel                    G Explanation of why                                        ALL rights pertaining to
                G School board keeps          school proposes action                                      special education,
                written minutes of hearing    G Description of other                                      including:
                G Clerk mails copy of         options considered                                          G Independent educational

                expulsion order to parents    and rejected                                                evaluation
                G Right to appeal to the      G Description of evaluation                                 G Prior written notice

                state superintendent          procedures, tests, records,                                 G Parental consent

                G Superintendent must take    or reports used as basis                                    G Access to educational

                action on the appeal within   for proposed action                                         records
                60 days of receipt            G Description of other                                      G Opportunity to present

                G Right to appeal superin-    relevant factors                                            complaints and initiate
                tendent’s decision to         G Statement indicating                                      due process hearings
                circuit court                 that parents have                                           G Right to “stay put”

                                              procedural safeguards                                       G Procedures for student

                                              and telling parents where                                   subject to placement in
                                              to obtain a description of                                  Interim Alternative
                                              those safeguards                                            Educational Setting
                                              G Sources for parents to                                    G Requirements

                                              contact to get assistance                                   regarding parents’
                                              in understanding special                                    unilateral placement of
                                              education laws                                              children in private school
                                                                                                          at public expense


PAGE 52 – WISCONSIN LAWYER – OCTOBER 2001                              OCTOBER 2001 – WISCONSIN LAWYER – PAGE 9
SCHOOL EXPULSIONS



                  Expulsion Guidelines at a Glance
                Regular Education   Special Education –          Special Education             Regular Education –
                                    General                      – Special Circumstances       Possible Special
                                                                                               Education Eligibility


 Required                           2. If proceeding to                                        G Mediation
 Notice                             expulsion, same notice                                     G Due process hearings
 (continued)                        as regular education                                       G Civil actions

                                    student                                                    G Attorneys’ fees

                                                                                               G State complaint

                                                                                               procedures

 Individualized None required       IEP meeting required     Same as Special                   IEP meeting required if
 Education Plan                     to consider the          Education – General               child is evaluated for
 (IEP) Meeting                      IEP, draft or review                                       special education. If
                                    student’s behavior plan,                                   found eligible, team
                                    consider any proposed                                      would draft IEP and
                                    change in placement, and                                   behavior plan, determine
                                    conduct manifestation                                      placement, and conduct
                                    determination                                              manifestation
                                                                                               determination

 Hearing        Expulsion hearing   1. Parents may request       1. Parents may request        1. If evaluated and found
                before the school   due process hearing          due process hearing           eligible to receive special
                board               before an ALJ to contest     before an ALJ to              education, same as
                                    manifestation determin-      contest manifestation         Special Education –
                                    ation - request is filed     determination                 General
                                    with DPI
                                                                  2. District may request      2. If evaluated and found
                                    2. If matter proceeds to     court or ALJ to place         ineligible, due process to
                                    expulsion, expulsion         the child in Interim          appeal eligibility
                                    hearing is held before       Alternative Educational       determination
                                    school board                 Setting (IAES) if child is
                                                                 considered a danger           3. If no evaluation has
                                                                                               been done, due process
                                                                 3. District may request       asserting district had
                                                                 hearing to extend the         reason to evaluate but
                                                                 IAES for weapon or drug       failed to do so
                                                                 violation or when the child
                                                                 is considered a danger        4. If matter proceeds to
                                                                                               expulsion, expulsion
                                                                 4. If matter proceeds to      hearing is held before
                                                                 expulsion, expulsion          school board
                                                                 hearing is held before
                                                                 school board

 Right to       No right to         If due process hearing       “Stay put” applies, but       No right to “stay put”
 Stay in        “stay put”          request is filed, have       the right is limited to       placement
 School                             a right to “stay put”        remaining in the interim
 (“Stay Put”)                       in current educational       alternative educational
                                    placement while case         setting
                                    is pending




PAGE 10 – WISCONSIN LAWYER – OCTOBER 2001                      OCTOBER 2001 – WISCONSIN LAWYER – PAGE 53
                                                                                                  SCHOOL EXPULSIONS



                     Expulsion Guidelines at a Glance
                 Regular Education          Special Education –         Special Education          Regular Education –
                                            General                     – Special Circumstances    Possible Special
                                                                                                   Education Eligibility

Expulsion        G Expulsion permitted      G If behavior was           Same as Special            G If child is found eligible

(Is it           upon school board          manifestation of            Education – General        to receive special
permitted?)      finding that statutory     disability, expulsion                                  education, and behavior
                 criteria are met           NOT permitted                                          was manifestation of
                 G May expel until age 21   G If behavior was not                                  disability, expulsion
                 G No other public school   manifestation of                                       NOT permitted - same as
                 is required to accept      disability, expulsion                                  Special Education –
                 student during term        permitted - same as                                    General
                 of expulsion               Regular Education                                      G If child is found eligible

                                                                                                   to receive special
                                                                                                   education, and behavior
                                                                                                   was not a manifestation of
                                                                                                   disability, expulsion
                                                                                                   permitted - same as
                                                                                                   Regular Education
                                                                                                   G If child is ineligible to

                                                                                                   receive special education,
                                                                                                   expulsion is permitted -
                                                                                                   same as Regular
                                                                                                   Education

Post-            None required              School must provide as      Same as Special            G If eligible to receive

expulsion                                   much support and            Education – General        special education, same as
Services                                    instruction as is needed                               Special Education –
                                            for student to make                                    General
                                            progress in reaching                                   G If ineligible to receive

                                            IEP goals and advance                                  special education, same
                                            through the general                                    as Regular Education
                                            curriculum


(from page 51)




                                                                       OCTOBER 2001 – WISCONSIN LAWYER – PAGE 11
PAGE 54 – WISCONSIN LAWYER – OCTOBER 2001

								
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