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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).

        7     EXPEDITED DUE PROCESS HEARING

                >  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).)

        8     “STAY PUT” DURING DUE PROCESS PROCEEDINGS

                >  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.)















































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