DISCIPLINARY CHANGE OF PLACEMENT  
 
Authorities: 34 C.F.R. Part 300
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P School personnel must consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for the child with a disability who violates a code of student conduct. 300.530(a)

P A local educational agency (LEA) that decides to change the placement of the child with a disability because of a violation of a code of student conduct must comply with the MANIFESTATION DETERMINATION framework. 

P The LEA that changes the placement of the child with a disability for disciplinary reasons must comply with the SERVICES DURING PERIODS OF REMOVAL framework.

DISCIPLINARY CHANGE OF PLACEMENT


P For purposes of removals of the child with a disability from the child's current educational placement, a change of placement occurs if: 300.536(a)

P
  • The removal is for more than 10 consecutive school days; or
300.536(a)(1)

P
  • The child has been subjected to a series of removals that constitute a pattern:
300.536(a)(2)

P
    • Because the series of removals total more than 10 school days in a school year;
300.536(a)(2)(i)

P
    • Because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals; and
300.536(a)(2)(ii)

P
    • Because of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.
300.536(a)(2)(iii)

DECISION



P The LEA determines, on a case-by-case basis, whether a pattern of removals constitutes a change of placement. 300.536(b)(1)

P

The LEA's determination is subject to review through due process and judicial proceedings.

300.536(b)(2)

NOTIFICATION



D

On the date on which the decision is made to make a removal that constitutes a change of placement, the LEA must:

300.530(h)

D
  • Notify the parent of that decision; and
300.530(h)

D 300.530(h)
300.504

 
 
Last Updated: Wednesday, April 19, 2017