If the removal has been determined to be a change in placement as specified in items #1-2 above, the student’s IEP team shall determine the appropriate educational services. 34 C.F.R. 300.530
D/M SELPA Form 122 (Special Education Suspension Review) may be used by the LEA in determining whether or not a series of removals constitutes a change of placement.
Section D – Services During Suspension
Any student 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 student’s teachers, shall determine the extent to which services are needed as provided in 34 C.F.R. 300.101(a), so as to enable the student 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 (20 U.S.C. 1412(a)(1)(A); 34 C.F.R. 300.530). The student must also receive, as appropriate, a functional behavioral assessment, and behavior intervention services or modifications designed to address the behavior so that it does not recur. If a student with disabilities is excluded from school bus transportation, the student shall be provided with an alternative form of transportation at no cost to the student or his/her parent/guardian, provided that transportation is specified in his/her IEP. E.C. 48915.5
Section E – Interim Alternative Educational Placement Due to Dangerous Behavior
The LEA may place a student with a disability in an appropriate interim alternative educational setting (IAES) for up to 45 school days, without regard to whether the behavior is a manifestation of the student’s disability, when the student commits one of the following acts while at school, or at a school-related function: (20 U.S.C. 1415(k)(1)(G); 34 C.F.R. 300.530)
1. Carries or possesses a weapon, as defined in 18 U.S.C. 930 going to or at school or a school- related function.
2. Knowingly possesses or uses illegal drugs.
3. Sells or solicits the sale of a controlled substance as identified in 21 U.S.C. 812(c), Schedules I-V.
4. Inflicts serious bodily injury upon another person as defined in 18 U.S.C. 1365.
The student’s interim alternative educational setting shall be determined by his/her IEP team. 20 U.S.C. 1415(k)(1)(G); 34 C.F.R. 300.531
Chapter 11 – Suspension and Expulsion Procedures, Desert/Mountain SELPA
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As of 01/09/2009
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