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Special Education and Section 504

        Student Discipline



        1    GENERALLY

                >  Students with IEPs or Section 504 plans are subject to the same grounds and procedures for discipline as
                 non-special education students, except as provided herein.  (See Ed. Code, § 48900.)
                    >  Note: A student who does not receive special education and who engages in behavior that violates a student
                     code of conduct may assert the protections provided herein, if the local education agency (“LEA”) had prior
                     knowledge that the student had a disability.  (See 34 C.F.R § 300.534.)
        2    THE TEN DAY RULE

                >  Disabled students may be removed for up to 10 cumulative or consecutive school days for a single incident,
                 without considering whether the removal constitutes a change of placement.  (34 C.F.R. § 300.530.)
                    >  Note: Under CA law, a student can only be suspended for up to five consecutive days for a single incident.
                     (Ed. Code, § 48911, subd. (a).)  When a recommendation for expulsion is pending, the district superintendent
                     or other designee may extend the suspension, in writing, until a decision on the expulsion is rendered.
                     (Id., subd. (g).)
                    >  Services: Services need not be provided when a disabled student is removed for 10 school days or less, as long
                     as services are not provided to nondisabled students similarly removed.  (71 Fed. Reg. 46717 (Aug. 14, 2006).)



        3    NON-CONSECUTIVE REMOVALS TOTALING MORE THAN 10 SCHOOL DAYS

                >  If a disabled student’s non-consecutive removals total more than 10 school days within a school year, the district
                 must determine whether the removals constitute a change of placement.  (34 C.F.R. § 300.356.)
                >  A change of placement will have occurred if:
                    >  The student’s behavior is substantially similar to behavior in previous incidents that resulted in the removal.
                    >  Additional factors, such as the length of each removal, the total amount of time the student has been
                     removed, and the proximity of the removals to one another, indicate a change of placement.  (34 C.F.R.
                     § 300.356.)
                       >  If there is no change in placement
                           >  Services: School personnel, in consultation with the student’s special education teacher, shall
                            determine and provide the appropriate educational services on the 11th day, to the extent necessary
                            to enable the student to: (1) appropriately progress in the general curriculum; and (2) appropriately
                            advance toward achieving the goals in the student’s IEP.  (71 Fed. 46716 (Aug. 14, 2006).)
                       >  If there is a change in placement
                           >  Services: If the student’s removals constitute a change of placement, the student’s IEP team shall
                            determine and provide the appropriate educational services on the 11th day, to the extent necessary,
                            to: (1) enable the student to appropriately progress in the general curriculum; 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 with that IEP, and to address the student’s behavior
                            violation so that it does not recur.  (20 U.S.C. § 1412(a)(1)(A); 34 C.F.R.  § 300.530.)
                           >  Conduct a manifestation determination review (see No. 5 below)









        Special Education (and Section 504) Student Discipline                                                                                  LozanoSmith.com
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