Section 281.41.170. Suspension and expulsion rates.

       41.170(1) General. The department must examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities:

        a.           Among LEAs in the state; or

        b.           Compared to the rates for nondisabled children within an LEA.

       41.170(2) Review and revision of policies. If the discrepancies described in subrule 41.170(1) are occurring, the department must review and, if appropriate, revise (or require the affected state agency or LEA to revise) its policies, procedures, and practices relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards to ensure that these policies, procedures, and practices comply with the Act.