Disciplining Students with Disabilities

When the parent(s) of a child and the school personnel are in agreement about the child's change of placement after the child has violated a code of student conduct, it considered to be a removal under the discipline provision?

Permission to Evaluate is not required for an IEP team to conduct a functional behavior assessment.

The location of interim alternative educational settings is determined by school adminstrators.

School administrators may remove students to an interim alternative education setting even if the behavior is a manifestation of a student's disability if the student carries a weapon, knowingly has or uses illegal drugs, or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the SCDE or a school district.

An impartial hearing officer may order a change of placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 calendar days.

When a due process complaint related to disciplinary matter is filed, the "stay put" location of services is in the interim alternative educational setting.

A child who has not been determined eligible for special education and related services cannot receive IDEA disciplinary protections.

If a parent requests an evaluation for special education services while their child is being disciplined in accordance to measures applied to children without disabilities, the child cannot be suspended or expelled without services until the evaluation is completed.

If a removal is for 10 consecutive school days or less and occurs after a student has been removed for 10 school days in that same school year, and the public agency determines, under 34 CFR section 300.530(d)(4), that the removal does not constitute a change of placement, the agency is not required to provide PWN.

If a teacher or other school personnel has specific concerns that a child may need special education and related services due to a child's pattern of behavior, such concerns must be submitted in writing to school officials in order for the public agency to be deemed to have knowledge that the child is a child with a disability.

School personnel may consider "unique circumstances" on a case-by-case basis when determining whether a change in placement is appropriate for a child with disability who violates a code of student conduct.

A public agency can offer "home instruction" as the sole interim alternative educational setting option.

All services in the child's IEP prior to placement in an interim alternative educational setting must be provided.

All short term removals are considered a change in placement.

If transporation is specified as a related service in the IEP, school days of suspension from bus transportation would count in determining if a change of placement occurs and in the provision of services unless the LEA provides transportation in some other way.