"Transition services" refers to those activities needed by students with disabilities ages 14 (or younger if appropriate) to promote movement from school to post-school activities (e.g. employment, etc.).

These services need to be described in a student's IEP. The student's preferences should be taken into account in developing this aspect of the IEP. If a participating agency fails to provide agreed upon services, the PET must reconvene to discuss alternative strategies.

If the PET or ECT determines that a student needs "assistive technology or services" (e.g. computers, auditory trainers, facilitated communication, etc.) in order to receive FAPE, the school or Child Development Services Site must ensure that they are made available.

IDEA ensures that local school districts and regional CDS sites comply with procedures by means of a monitoring process. This process includes a review by the Department of Education of all aspects of special education services provided by a school unit or CDS site.

The review also determines whether the school or CDS site provides accessible services for, or discriminates in any way against, students with disabilities.

The result of this review is a "Letter of Findings" which describes significant strengths and weaknesses and any Corrective Action Plan required. Letters of Findings and Corrective Action Plans are public records and must be made available to parents on request in accordance with the Freedom of Information Act (although a simple request to the school superintendent or CDS Board would be a sensible first step).

For special education purposes, a suspension is a disciplinary action taken by an authorized school administrator or school board which results in the temporary discontinuation of all educational services and the removal of the student from the school facilities for a period from one to 10 school days.

Expulsion means the termination of all educational services by a school board for a student who has been deliberately disobedient, deliberately disorderly, or for infractions of violence or possession, furnishing of or trafficking of any scheduled drug as defined in Maine statute.

Students with disabilities are protected from suspension and expulsion under both Section 504 and IDEA. Here is a summary of the current law regarding discipline:

The 10 day rule (for school personnel):

1. School personnel may order a change in the placement of a student with a disability to an "appropriate interim alternative educational setting," another setting, or suspension for not more than 10 school days, to the extent such alternatives would be applied to students without disabilities.

The 45 day rule (for school personnel):

2. School personnel may order a change in the placement of a student with a disability to an "appropriate interim alternative educational setting" for not more than 45 days if:

1. The student carries a weapon to school or to a school function, or
2. The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.
3. The term "weapon" means "weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length."

Appropriate interim alternative educational setting:

3. The "appropriate interim alternative educational setting" is determined by the IEP team.

Functional behavioral assessment and behavioral intervention plan.

4. Either before or not later than 10 days after taking such disciplinary action, the school must convene a PET meeting to develop an assessment plan to address the behavior that resulted in the suspension, if the school had not previously conducted a functional behavioral assessment and implemented a behavioral intervention plan for the student. If the student already has a behavioral intervention plan, the PET must review the plan and modify it as necessary to address the behavior.

The 45-day rule (for a hearing officer):

5. A due process hearing officer may order a change in the placement of a child with a disability for not more than 45 days if he or she:

1. Determines that the school has demonstrated by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or others;
2. Considers the appropriateness of the student's current placement;
3. Considers whether the public agency has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services;
4. Determines that the interim alternative educational setting enables the student to:
   1. Continue to participate in the general curriculum, even though in another setting; and
   2. Continue to receive those services and modifications, including those described in the student's current IEP, that will enable the student to meet the goals in the IEP; and
5. Determines that the setting includes services and modifications designed to address the student's behavior so that it does not recur.

A manifestation determination for changes in placement for more than 10 days:

6. If a school seeks to make an alternative placement or a hearing officer orders an interim alternative placement for the situation discussed above or if the school is contemplating a change in placement for more than 10 days for a student with a disability who has engaged in other behavior that violated any rule or code of conduct of the school that applies to all students, then the school:

1. must, no later than the date the decision was made to take such action, notify the parents of the decision and all procedural safeguards under the statute, and
2. must immediately, but no later than 10 school days after the date the decision is made, conduct a review of the relationship between the student's disability and the behavior which caused the disciplinary action (this review is generally called the "manifestation determination")

7. The "manifestation determination" review must be conducted by the PET and "other qualified personnel."

8. The manifestation review may determine that the behavior of the student was not a manifestation of the student's disability ONLY IF the team:

1. Considers all relevant information, including:
   1. Evaluation and diagnostic results, including those provided by the parents,
   2. Observations of the student, and
   3. The student's IEP and placement; and
2. Determines that:
   1. With respect to the behavior for which the school seeks to discipline the student, the IEP and placement were appropriate, and that the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the student's IEP and placement;
   2. The student's disability did not impair the ability of the student to understand the impact and consequences of the behavior; AND
   3. The student's disability did not impair the ability of the student to control the behavior.

If the behavior is not found to be a manifestation of the disability:

9. If the behavior is not found to be a manifestation of the disability, the regular education disciplinary procedures may be utilized. Special education service may be halted until the 11^th suspended day in a given school year.

Parents right to appeal to a hearing officer:

10. Parents who disagree with a manifestation determination review finding that the behavior was not related to the disability or with an alternative placement decision may request a due process hearing, including an expedited hearing if they wish. The hearing officer uses the same process and factors described above to review the PET's determination regarding manifestation, and the same procedures and consideration he or she would have used if making an interim alternative placement determination.

Student placement during an appeal:

11. If a parent appeals either:

1. a 45-day placement made by the school system, or
2. an alternative 45-day placement made by a hearing officer, or
3. a manifestation decision made by the PET,

the student remains in the 45-day alternative placement, pending the decision of the hearing officer or the expiration of the 45 days, whichever comes first.

Student placement after the 45 days:

12. If a student is in a 45-day alternative placement and the school system plans to change the placement, the student must be returned to his or her original placement at the expiration of the 45 days. If, however, the school system thinks the student is dangerous, it can request an expedited hearing and attempt to convince the hearing officer that the student should not return to that placement.

Students not eligible for special education:

13. Students not yet eligible for special education are protected by the special education procedures in the discipline process if the school system had knowledge, prior to the behavior leading to the disciplinary action, that the student was eligible for special education. A school system is considered to have knowledge if:

1. the parent, unless illiterate, expressed concerns in writing to school system personnel regarding the student's need for special education,
2. the behavior or performance of the student demonstrated the need for special education, or
3. the teacher or other school system personnel expressed concern about the student's behavior or performance to the system's special education director or other personnel.

14. If the parent of a not yet identified student requests special education assessment during the disciplinary process, the assessment shall be expedited and, if the student is found eligible, the school system shall begin to serve him or her. Pending the results of the assessment, the student remains in the placement chosen by the school system. The parents and the PET must approve the change in placement.