HB 1138 Summary

• Requires each local school district to develop a discipline policy for students who meet the definition of an exceptional child, as defined under Section 37-23-3.

• Policy must conform to normal discipline standards for traditional learners but cannot conflict with any Individuals with Disabilities Education Act (IDEA) rules or regulations.

• Policy must address: student removal from customary educational placement and minimum time for placement; emergency removal procedures for flagrant conduct (weapons, illegal drugs, or serious bodily injury); discipline options other than placement changes; disciplinary actions in a student's Individualized Education Program (IEP); and administrative due process availability.

• Takes effect July 1, 2014.