Ill. Admin. Code tit. 89, § 827.80 - Suspensions, Changes in Placements, and Discharges of Students who are Dangerous to Themselves or Others

a Suspensions made pursuant to this Section shall be made in accordance with Section 827.30 and the Handbook (see Section 827.10(b) ) .

b A suspension barring the student from both the educational and the residential components of the School for not more than 10 consecutive School days in one School year is not considered a significant change in placement or a discharge.

c A suspension for greater than 10 School days in one School year for any reason is considered a significant change in placement under the Individuals with Disabilities Education Act ( 20 USC 1400 et seq.) and is appealable pursuant to Impartial Due Process Hearing (89 Ill. Adm. Code 828).

d The School may suspend a student for no more than 10 days in one School year when suspension is warranted due to a physical danger to the student, others, or School property that is caused by the student's presence, even when the student's behavior results from his or her disability.

1 If warranted because a student is an immediate physical danger to self or others, the Superintendent, or his or her designee, may restrict a student's extracurricular activities within the School during the pendency of due process proceedings.

2 The Superintendent of the School may also suspend, for no more than 10 days, a student who is an immediate danger to self or others during the pendency of due process proceedings.

e The School may not unilaterally cease to provide services to a student during the pendency of due process proceedings. If the student, however, represents a substantial danger to self or others, the School may make a request for an expedited hearing.

f If the School's administrators, faculty members, other staff, or consultants have reason to believe that the suspended student is inappropriately placed at the School, the School shall initiate discharge procedures (see Section 827.50) .

g As required under Section 827.30(d), the federal Gun Free Schools Act and Section 10-22.6 of the School Code, the School must expel a student for bringing a gun or dangerous weapon on campus.

h School staff do not have unilateral authority to significantly change a student's placement, except pursuant to subsections (d)(2) and (e).

Notes

Ill. Admin. Code tit. 89, § 827.80

Added at 23 Ill. Reg. 10249, effective August 10, 1999

Amended at 38 Ill. Reg. 20215, effective 10/8/2014