Hamilton County clarifies special-education discipline process, emphasizes IEP-team role

Hamilton County's legal counsel explained proposed updates to the district's policy on disciplining students with disabilities, telling the Policy Committee the revisions are intended to clarify when and how the IEP or Section 504 team must act.

Mary, the district's legal counsel, told members that federal law requires a manifestation-determination meeting when a student faces cumulative or single suspensions totaling 10 or more days. The proposed policy language would also require that, if suspensions reach a threshold (including a proposed five-day trigger for developing interventions), the principal notify the student's case manager and the IEP/504 team would collaborate to develop and implement a behavior intervention plan. Mary said the policy wording clarifies the principal's role and the team's obligations, and it makes explicit that the team should consider convening an IEP or Section 504 meeting as appropriate to discuss functional behavior assessments and intervention planning.

Board members asked how the team resolves cases where members disagree. Mary said decisions are situation-specific but must be team decisions informed by the information available about the student and the behavior, and that the team's determination about manifestation informs any resulting significant discipline.

Committee discussion also covered the requirement that educational services continue when removals exceed 10 days and the district's use of alternative placements (choice programs, ISS) as options when consistent with least-restrictive-environment requirements and team determinations. Staff said they will refine the policy language as necessary and bring it back for further review.

No formal action was taken at this session.