SERVICES DURING PERIODS OF REMOVAL  
 
Authorities:  34 C.F.R. Part 300; Texas Education Code
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
REMOVALS FOR LESS THAN 10 CUMULATIVE DAYS


P A local educational agency (LEA) is only required to provide services during periods of removal to the child with a disability who has been removed from the child's current placement for 10 school days or less in that school year, if it provides services to the child without disabilities who is similarly removed. 300.530(d)(3)

REMOVALS FOR MORE THAN 10 CUMULATIVE DAYS THAT ARE NOT A CHANGE OF PLACEMENT


P The LEA must conduct a change of placement analysis and comply with the DISCIPLINARY CHANGE OF PLACEMENT framework.

P After the child with a disability has been removed from the child's 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: 300.530(b)(2)
300.530(d)(4)

P
  • School personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed for a free appropriate public education (FAPE):
300.101(a)
300.530(d)(4)

P
    • To enable the child to continue to participate in the general education curriculum, although in another setting; and
300.530(d)(4)

P
    • To enable the child to progress toward meeting the goals set out in the child’s individualized education program (IEP); and
300.530(d)(4)

P
  • Services may be provided in an interim alternative educational setting (IAES).
300.530(d)(2)

REMOVALS THAT ARE A CHANGE OF PLACEMENT


P The LEA must comply with the MANIFESTATION DETERMINATION framework.

D WHEN BEHAVIOR IS NOT A MANIFESTATION of the child's disability, or when the child with a disability is removed from the child's current placement due to SPECIAL CIRCUMSTANCES, the admission, review, and dismissal committee must: 300.530(d)(5)

D
  • Determine educational services for a FAPE which may be provided in an IAES:
300.530(d)(1)(i)
300.530(d)(2)

D
    • To enable the child to continue to participate in the general education curriculum, although in another setting; and
300.530(d)(1)(i)

D
    • To enable the child to progress toward meeting the goals set out in the child's IEP;
300.530(d)(1)(i)

D
  • Provide 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; and
300.530(d)(1)(ii)
TEC 37.004(b)
TEC 37.0022

D
  • Determine the IAES.
300.531

 
 
Last Updated: Wednesday, April 19, 2017