The appellant asked the State Board of Education to modify the October 9, 2006 decision issued by the Harlan School District Board of Directors disciplining Ashley, a 7th grade student, for a violation of school rules and state law prohibiting the possession and/or use of controlled substances at school.

The Board's decision was to expel Ashley for the remainder of first semester of the 2006-07 school year, allow her to re-enroll for the second semester in "probationary status", and then promote her to 8th grade under certain conditions.

The appellant's first argument is that the District has a duty to provide alternative educational options for Ashley during the period of her expulsion, because she is an at-risk student. The parties stipulated that the District has not provided directly any alternative educational program for Ashley during the period of her expulsion. There is nothing in the state law referenced by the appellant requiring the District to serve Ashley during her expulsion. Only a student with an IEP is required to be served by a district during a period of suspension or expulsion. Ashley has not been identified as a student with a disability; she has no IEP.

The appellant's second argument is that the conditions of re-enrollment in the District for the second semester are unlawful. The conditions listed in their decision were not for Ashley's re-enrollment but for her promotion to 8th grade. After the hearing with this Board, Superintendent Decker submitted into the record a letter clarifying that Ashley will be promoted to 8th grade or retained in 7th grade based on her "academic standing and abilities at the end of the 2006-2007 school year," and that the "programming during her expulsion will not be considered in the promotion/retention decision." Therefore, we see no need to order any further adjustment to the decision of the local Board.

For the foregoing reasons, the decision of the Board of Directors of the Harlan Community School District made on October 9, 2006, is AFFIRMED.