1. The removal is for more than ten (10) consecutive school days. 2. The student is subjected to a series of removals that constitute a pattern because they cumulate to more than ten (10) school days in a school year, and because of a such as the length of each removal, the total amount of time each student is removed, and the proximity of the removals to one another.
5.0813.03 REMOVALS
Issue Date: 1/2/20 FH 1. Ten (10) School Days or Less a. Short-term suspension
i. To the extent removal would be applied to students without disabilities, a principal may remove a student with a disability who violates the code of student conduct found in Policy FHA from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than ten (10) school days without implicating any of the additional IDEA safeguards. State Office Special Education Rules 34 CFR § 300.530 20 U.S.C. § 1415(k)(1)(B)
2. Change in Placement: Removals for More than Ten(10) School Days a. Long-term suspension or expulsion.
i. Any suspension of a student with a disability for more than ten (10) days constitutes a change in placement, as does a change in the student's educational program (classroom assignment) for disciplinary reasons. Prior to a change in placement, parents of the student must be notified of the proposed change and provided the procedural safeguards notice described in the state’s Special Education Rules, and the student’s IEP team and other qualified personnel must conduct a manifestation determination review of the relationship between the student's disability and the behavior subject to the disciplinary action. The manifestation determination review must take place immediately, if possible, but in no case later than ten (10) school days after the date on which the decision to take action was made. 34 CFR § 300.530
5.0813.04 MANIFESTATION DETERMINATION Issue Date: 1/2/20 FH
Within ten (10) days of any decision to change the placement of the student with a disability because of a violation of the code of student conduct, the school, the parent or guardian, and relevant members of the IEP Team (as determined by the parent/guardian and school) shall review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided to the parents to determine: 1. If the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability; or
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