Discipline of Students with Disabilities: The Key Rules and Regulations from Removals to MDR

The Stream is an opportunity for everyone to share learning from conferences attended. The information below is good clarifying information from the LRP National Institute recently attended by some of our Regional Administrators.  If you have information from a conference that you would like to share in The Stream, please visit with your RA. 

  • Manifestation Determination Reminders
    • School personnel may remove a child with a disability who violates the code of conduct to an interim alternative setting, another setting, or suspension for no more than 10 school days to the extent such removal applies to children without disabilities (assuming there are no special provisions in the student’s IEP).
    • The IDEA does not mention multiple removals of less than 10 days each, but the final regulations do.  
  • How to handle a series of removals over the course of time:
    • The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.
    • This determination is subject to review through due process and judicial proceedings.  
    • Think-About: How does this challenge our current practice?
  • Long-Term Removal Considerations:
    • The group shall determine: 
      • Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child’s disability? 
      • Was the conduct in question the direct result of the district’s failure to implement the IEP?
      • Using the following:  
        • The IEP
        • Any teacher observations
        • Any relevant information provided by the parents
        • Evaluation data
        • Discipline history
        • Details of the incident in question  
    • 45-Day Removals for “Special Circumstances” 
      • For certain violations of the code of conduct, a district may remove a student to an interim alternative educational setting (determined by the IEP team) for not more than 45 school days regardless of whether behavior was a manifestation.
        • Drugs, Weapons, Serious Bodily Injury
        • Further Definition on slides, 50-51 
    • Check out dozens of case studies in the slide deck with real world scenarios from around the country!

Link to full slide deck can be found in the LRP Google Drive folder HERE

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