Lincoln-Sudbury Regional School District 5439

Date

9/16/21

LEA

Lincoln-Sudbury Regional School District

5439

Category

NOTICE

DISCIPLINE

Issue

(1) District did not comply with discipline regulations by removing student with a disability from school without a legitimate basis and suspending student for 10 days without adequate written notice of a hearing or considering ways to re-engage the student.

(2) District did not allow student to return to school following the Manifestation Determination Review even after it was determined that the conduct was directly and substantially related to the student’s disability.

Finding

Noncompliance:

(1) District did not fully comply with regulations regarding emergency removal notice requiring a specific date of hearing, time, location for re-entry, and potential consequences.

(2) District did not comply with regulations regarding manifestation determination resulting in denial of FAPE because it failed to enable the student to effectively engage and progress toward IEP goals while awaiting placement.

Corrective Action

District must:

(1) review notice letter required elements with appropriate staff;

(2) reconvene the IEP Team to review and develop a plan for compensatory services owed to student (if the parties are unable to develop a mutually agreed upon plan, each party must submit their proposals for DESE to determine a plan); and

(3) expunge the student’s record regarding this incident as well as send a letter of assurance to the student.

District must send documentation to DESE by 10/22.