Section 827.80  Suspensions, Changes in Placements, and Discharges of Students who are Dangerous to Themselves or Others

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

b)         A suspension for greater than 10 State School days in one State School year for any reason is 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).

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

d)         The State School may suspend a student for no more than 10 days in one State School year when suspension is warranted due to the physical danger to the student, others, or State School property caused by the student's presence, even when the behavior results from the student's disability.  Suspensions made pursuant to this Section shall be made in accordance with the procedures established in Section 827.30.

e)         If the State School's administrators, faculty members, other staff, or consultants have reason to believe that the suspended student is inappropriately placed at the State School, the State School will initiate discharge procedures, as set out in Section 827.50.

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

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

h)         The State School may not unilaterally cease to provide services to a student during the pendency of due process proceedings.  If the student, however, represents so substantial a danger to self or others that the only appropriate placement is beyond the State School's capability to provide (e.g., hospital or home bound instruction), the State School can make a request for an expedited hearing.

(Source:  Added at 23 Ill. Reg. 10249, effective August 10, 1999)