DISCIPLINE - Regulations

4. Retain authority for long-term removals for behavior that is not a manifestation of the disability.

For disciplinary changes in placement that would exceed ten consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability pursuant to 34 CFR 300.530(e), school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in 34 CFR 300.530(d) (services).
[34 CFR 300.530(c)] [20 U.S.C. 1415(k)(1)(C)]

**Note: This is also connected to provision # 3, and 5 in this Topic Brief. For better clarity and understanding, they should be reviewed together.

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your district is the purpose of in-school and out-of-school suspension different? If so, how are they different? In your opinion, are these purposes clearly articulated to students and the community at large?

  2. In your opinion, when might an in-school suspension equate to a removal? How could services still be provided to ensure it is not removal? And, if it is considered a removal does in-school suspension replace out of school suspension?

  3. When might removals constitute a change of placement? Please give some examples.

  4. How can reducing removals support school performance and improvement goals for both the individual student and for the school overall?

  5. Your school currently has a system in place to determine what services are needed to enable the child to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the child’s IEP while removed from school. Has this current system been effective? Please give examples of why you think it has or has not.

Application Questions

  1. What programs and services can be developed for students that might reduce or prevent repeated removals?
    • How might other agencies in addition to the school be involved in proactive preventative measures?
    • How can families be engaged in these measures?

  2. What professional development initiatives might reduce or prevent repeated removals?

  3. What procedures can your school develop to effectively determine appropriate short-term removals?

  4. How can schools work with (or support) families when a student is removed? What might be the role of other agencies during the removal period?

  5. How might federally funded centers and communities of practice help schools to implement this provision?
    • How can this be done more effectively?
    • What resources are available at the local and state levels to support these efforts?

    These questions were developed by the following stakeholders working together:

    Role: Teacher
    Location: West Virginia

    Role: Service Provider
    Location: California

    Role: Service Provider
    Location: Alaska

    Role: Family
    Location: New Jersey

    Role: Teacher
    Location: Pennsylvania

    Role: Teacher
    Location: South Carolina

    Role: Administrator
    Location: Pennsylvania

    Role: Higher Education
    Location: Indiana

    Role: Teacher
    Location: Florida

    Role: Administrator
    Location: California