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4     REMOVALS OF MORE THAN 10 CONSECUTIVE SCHOOL DAYS


                >  A removal of more than 10 consecutive school days constitutes a change of placement.  (34 C.F.R. §
                 300.356.)
                    >  Services: 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)
        5     MANIFESTATION DETERMINATION


                >  When a disciplinary removal constitutes a change of placement, a manifestation determination review must
                 occur, no later than 10 school days after the date of the decision to take disciplinary action.  (34 C.F.R. §§
                 300.530(e), 300.536.)  The IEP team will determine whether the behavior that lead to the discipline was: (1) caused
                 by or had a direct and substantial relationship to the student’s disability; or (2) the direct result of the district’s
                 failure to implement the student’s IEP.
                    >  If the answer to (1) is “Yes”:
                           >  The student cannot be further disciplined for this incident and must be returned to the placement
                            from which the student was removed, unless the parent and the district agree to a change of
                            placement as part of the modification of the BIP.  (34 C.F.R. § 300.530(f).)  Note: a student does
                            not need to be returned to his/her placement when the student has been removed to an interim
                            alternative educational setting for not more than 45 days (see No.6 below).
                        >  The IEP team must:
                           >  Conduct a functional behavioral assessment (“FBA”) (unless an FBA was conducted before the
                            behavior).
                           >  Implement a behavioral intervention plan (“BIP”) for the student.  If a BIP is already in place, review it
                            and modify it as necessary to address the behavior.
                    >  If the answer to (2) is “Yes”:
                        >  The student cannot be further disciplined for this incident and must be returned to the placement from
                        which the student was removed.
                        >  Take immediate steps to remedy the fact that the IEP was not properly implemented.
                    >  If the answer to both questions is “No”:
                        >  The student is subject to the same sanctions for misconduct as a student without a disability. However,
                        the child must continue to receive educational services so as to enable the child to continue to participate
                        in the general education curriculum, although in another setting, and to progress toward meeting the
                        goals set out in the child’s IEP.  (34 C.F.R. § 300.530(d).)
                >  An additional manifestation determination meeting must be held each time an additional removal takes place
                 (for example, for each additional suspension).
        6     INTERIM ALTERNATIVE EDUCATION SETTING (“IAES”) – DANGEROUS BEHAVIOR

                >  A disabled student may be placed in an appropriate IAES for up to 45 school days, without regard to whether the
                 behavior is a manifestation of the student’s disability, when the student commits one of the following acts while
                 at school, going to or from school, or at a school-related function:
                    >  Carries or possesses a weapon, as defined in 18 U.S.C. § 930;
                    >  Knowingly possesses or uses illegal drugs;
                    >  Sells or solicits the sale of a controlled substance, as identified in 21 U.S.C § 812(c);
                    >  Inflicts serious bodily injury upon another person, as defined in 18 U.S.C. § 1365. (34 C.F.R. § 300.530(g).)
                        >  Services
                           >  The student’s IAES shall be determined by his/her IEP team. (20 U.S.C. § 1415(k)(1)(G); 34 C.F.R.
                            § 300.531.)
                           >  The student’s IEP team shall determine and provide the appropriate educational services, although
                            in another setting, to the extent necessary, to: (1) enable the student to appropriately progress in

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