Proposed Removal Over 10 School Days

(DoDEA Regulation 2051.1)

Is the Student Eligible for Special Education or on a 504 Accommodation Plan?
No Regular Process (Enclosure 5) Yes Students Eligible for Special Ed. (Enclosure 6) Students Eligible for a 504 Accommodation Plan (Enclosure 9) Manifestation Determination No Yes

School Disciplinary Committee Hearing

Manifestation Determination No Yes

Individualized Education Program Case/Study Committee (IEP CSC) Revisions

504 Accommodation Team Revisions

Procedures for Proposed Long-term Removals- Regular Process (DoDEA

Regulation 2051.1, Enclosure 5)
Principal immediately files a notice to student and parent/sponsor of proposed disciplinary action and rights Principal convenes the School Disciplinary Committee (SDC) to conduct the hearing Conduct hearing; ensure that a record is made via tape recorder or a court reporter SDC forwards record, evidence, written decision, and any notes or deliberations to the District Superintendent District Superintendent reaches a decision and promptly notifies student or students representative Appeals Within 5 school days of receipt of decision, student or parent/sponsor may appeal final decision to First Level Appellate Authority (Area Director). Appeal Decision issued within 10 business days. Within 5 school days of receipt of decision on appeal, student or parent/sponsor may appeal the Area Directors decision to the Second Level (final) Appellate Authority (DoDEA Director). Appeal Decision issued within 10 business days.

Procedures for Proposed Long-term Removal or Change of Placement of Students Eligible for Special Education
(DoDEA Regulation 2051.1, Enclosure 6)
Principal notifies parents and provides procedural safeguards notice Principal convenes CSC to determine if misconduct is a manifestation of students disability
Misconduct did NOT result from disability Misconduct results from disability

Forward the case to the Principal for processing under Enclosure 5.

Principal convenes students IEP CSC to devise/review/revise plans. Return student to original placement:

Within 45 days of removal (weapons, drugs, serious bodily injuries)

Within 10 days of removal

Parents may challenge Manifestation Determination via a Dispute Resolution Proceeding under DoD Instruction 1342.12

Procedures for Proposed Long-term Removal or Change of Placement of Students Eligible for a 504 Accommodation Plan
(DoDEA Regulation 2051.1, Enclosure 9)
* Does not apply where the misconduct is the current use of illegal drugs or alcohol.

Principal notifies parents and provides procedural safeguards notice

Principal convenes 504 Accommodation Team to determine if misconduct is a manifestation of students disability
Misconduct did NOT result from disability Misconduct results from disability

Forward the case to the Principal for processing under Enclosure 5.

504 Accommodation Team reviews behavioral assessments and revises 504 Accommodation Plan. Return student to original placement within 10 days of removal

Parents may challenge Manifestation Determination via an administrative complaint process in DoDEA Regulation 2500.14.
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