The First Ten Days of Removal: School personnel may remove a child with a disability who violates a student code of conduct from his or her current placement to an appropriate interim alternative educational setting (IAES), another setting, or suspension, for not more than 10 consecutive school days to the extent those alternatives are applied to children without disabilities (CFR 34 300.530(b)(1), TEC 37.001(a) and 1415(k)(1)(B)). School personnel may remove a child with a disability who violates a student code of conduct from his or her current placement 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 (CFR 34 300.530(b)(1) and TEC 37.001(a) ).
Beyond the First Ten Days: School personnel may apply the relevant disciplinary procedures that would be applied to children with disabilities in the same manner and for the same duration as the procedures that would be applied to children without disabilities (34 CFR 300.530(c)and 20 USC 1415(k)(1)(C)) if:
- in the manifestation determination review, the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability (34 CFR 300.530(c) and 20 USC 1415(k)(1)(C));
- services are provided during periods of removal (34 CFR 300.530(c) , 34 CFR 300.530(d) and 20 USC 1415(k)(1)(D)) ; and
- notification of a change of placement is given (34 CFR 300.530(h) and 20 USC 1415(k)(1)(H)).
What We Do
Case-by-Case DeterminationSchool personnel in making disciplinary descisions for student will disabilities will consider any unique circumstances on a case-by-case basis when determining the disciplinary consequences (allowance codified by provisions under 34CFR 300.530(a))
The First Ten Days of Removal
Beyond the First Ten Days of Removal
- Students violating the school's code of conduct may be removed from the current placement for not more than 10 school days total in a school year. This includes In-School Suspension (ISS), Disciplinary Alternative Education Placement (DAEP) and Out-of School Suspension (OSS).
- The first ten days of disciplinary removals in the school year do not require an ARD/IEP committee meeting or Manifestation Determination Review (MDR).
- The school is not required to provide educational services to students with disabilities during these short-term removals unless services are provided to students without disabilities.
- If the school chooses to suspend the student, the out-of-school suspension may not exceed 3 school days at one time
If the student is removed from his or her current placement for more than a total of 10 school days in a school year, the student has additional rights:
(1) continue to participate in the general curriculum in the new setting and(2) progress toward meeting the goals set out in the student’s IEP.
- For any removal beyond the first ten days, the school must provide services to the student with a disability to enable the student to:
- On the date in which the decision is made to change the student’s placement because of a violation of the student code of conduct, the school must notify the parent of that decision and provide the parent with the Notice of Procedural Safeguards.
- Within 10 school days of any decision to change the placement of the student because of a violation of the student code of conduct, the school, the parent, and relevant members of the ARD/IEP Committee (as determined by the parent and the school) must conduct a Manifestation Determination Review (MDR).