Superintendent’s Hearing | Autism PDD

determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child

with a disability who violates a code of student conduct.

(1) School personnel under this section may remove a child with a disability who violates a code of student conduct from

his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for

not more than 10 consecutive school days (to the extent those alternatives are applied to children without disabilities), and

for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of

misconduct (as long as those removals do not constitute a change of placement under §300.536).

(2) After a child with a disability has been removed from his or her current placement for 10 school days in the same

school year, during any subsequent days of removal the public agency must provide services to the extent required under

paragraph (d) of this section.

(c) Additional authority. For disciplinary changes in placement that would exceed 10 consecutive school days, if the

behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability

pursuant to paragraph (e) of this section, school personnel may apply the relevant disciplinary procedures to children with

disabilities in the same manner and for the same duration as the procedures would be applied to children without

disabilities, except as provided in paragraph (d) of this section.

(1) A child with a disability who is removed from the child’s current placement pursuant to paragraphs (c), or (g) of this

section must--

(i) Continue to receive educational services, as provided in §300.101(a), 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; and

(ii) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and

modifications, that are designed to address the behavior violation so that it does not recur.

(2) The services required by paragraph (d)(1), (d)(3), (d)(4), and (d)(5) of this section may be provided in an interim

alternative educational setting.

(3) A public agency is only required to provide services during periods of removal to a child with a disability who has

been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a

child without disabilities who is similarly removed.

(4) After a child with a disability has been removed from his or her current placement for 10 school days in the same

school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under

§300.536, school personnel, in consultation with at least one of the child’s teachers, determine the extent to which

services are needed, as provided in §300.101(a), 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.

(5) If the removal is a change of placement under §300.536, the child’s IEP Team determines appropriate services under

paragraph (d)(1) of this section.

(1) Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a

code of student conduct, the LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent

and the LEA) must review all relevant information in the student’s file, including the child’s IEP, any teacher

observations, and any relevant information provided by the parents to determine--

(i) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or

(ii) If the conduct in question was the direct result of the LEA’s failure to implement the IEP.

(2) The conduct must be determined to be a manifestation of the child’s disability if the LEA, the parent, and relevant

members of the child’s IEP Team determine that a condition in either paragraph (e)(1)(i) or (1)(ii) of this section was met.

(3) If the LEA, the parent, and relevant members of the child’s IEP Team determine the condition described in paragraph

(e)(1)(ii) of this section was met, the LEA must take immediate steps to remedy those deficiencies.

the determination that the conduct was a manifestation of the child’s disability, the IEP Team must--

(1) Either-–

(i) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment

before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan

for the child; or

(ii) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify

it, as necessary, to address the behavior; and

(2) Except as provided in paragraph (g) of this section, return the child to the placement from which the child was

removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral

intervention plan.

than 45 school days without regard to whether the behavior is

(h) Notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a

(i) Definitions. For purposes of this section, the following definitions apply:

(1) Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c)

(2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or

(3) Serious bodily injury has the meaning given the term “serious bodily injury” under paragraph (3) of subsection (h) of

(4) Weapon has the meaning given the term “dangerous weapon” under paragraph (2) of the first subsection (g) of

I hope this helps.