Reg. 156, Title 34 of the Code of Federal Regulations § 300.536, lists new factors under which a series of removals would constitute a change of placement, as specified below. If the removal is determined to be a change of placement, Title 34 of the Code of Federal Regulations § 300.530 requires the IEP team to determine the appropriate services. The Charter LEA shall determine, on a case-by-case basis, whether a pattern of removals of a child from his/her current educational placement for disciplinary reasons constitutes a change of placement. A change of placement shall be deemed to have occurred under any of the following circumstances ( Title 34 of the Code of Federal Regulations § 300.536 ): 1. The removal is for more than 10 consecutive or cumulative school days; 2. The child has been subjected to a series of removals that constitute a pattern because of all the following: (a) The series of removals total more than 10 school days in a school year; (b) The child’s behavior is substantially similar to his/her behavior in previous incidents that resulted in the series of removals; (c) 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, indicate a change of placement; or 3. If the removal has been determined to be a change of placement as specified in items #1-2 above, the child’s IEP team shall determine the appropriate educational services ( Title 34 of the Code of Federal Regulations § 300.530 ). SELPA form D/M 122 – Special Education Suspension Review may be used by the Charter LEA in determining whether or not a series of removals constitutes a change of placement. Section C – Services During Suspension Any child with a disability suspended for more than 10 school days in the same school year shall continue to receive services during the term of the suspension. School personnel, in consultation with at least one of the child’s teachers, shall determine the extent to which services are needed as provided in Title 34 of the Code of Federal Regulations § 300.101(a), so as to enable the child to continue to participate in the general education curriculum in another setting and to progress toward meeting the goals as set out in his/her IEP ( Title 20 of the United States Code § 1412(a)(1)(A); Title 34 of the Code of Federal Regulations § 300.530 ). NOTE: Pursuant to Title 20 of the United States Code § 1412(a)(1)(A) and Title 34 of the Code of Federal Regulations § 300.530, a “free appropriate public education” (FAPE) must be available to all children, including any child with disabilities who has been suspended for more than 10 school days in a year. The Analysis of Comments to the federal regulations, 71 Fed. Reg. 156, pg.
Chapter 8 – Suspension and Expulsion, Charter SELPA
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As of 11/18/2016
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