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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 if student commits any of the offenses specified in this
                        section if student will be removed from school for more than 10 days (see No. 5 above).


                >  A parent who disagrees with the manifestation determination, or a district that believes maintaining the current
                 placement of the student is substantially likely to result in injury to the student or others, may request an
                 expedited due process hearing.  (20 U.S.C. § 1415(k)(3); 34 C.F.R. § 300.532(a).)
                    >  Must occur within 20 school days of the request; hearing officer must make a decision within 10 school days
                     after the hearing.  (34 C.F.R. § 300.532(c)(2).)


                >  While the appeal is pending, the student shall remain in the disciplinary setting pending the decision
                 of the hearing officer (or, if applicable, until the expiration of the 45 school-day interim alternative
                 educational placement), whichever occurs first, unless the parent and the LEA agree otherwise. (20 U.S.C.
                 § 1415(k)(4)(A); 34 C.F.R. §§ 300.532, 300.533.)

            DISCLAIMER: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not
            constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
            Copyright © 2021 Lozano Smith - All rights reserved. No portion of this work may be copied, or sold or used for any commercial advantage or private gain, nor any derivative work
            prepared there from, without the express prior written permission of Lozano Smith through its Managing Partner. The Managing Partner of Lozano Smith hereby grants permission to
            any client of Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. – Last Rev. December 13, 2021

        Special Education (and Section 504) Student Discipline                                                                        
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