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DISCIPLINE - Regulations

5. Clarify when services are required during disciplinary removals, the provision of such services and who makes the determination regarding services and interim alternative educational settings.

A public agency is only required to provide services during periods of removal to a child with a disability who has been removed from his or her current placement for ten school days or less in that school year, if it provides services to a child without disabilities who is similarly removed.
[34 CFR 300.530(d)(3)]

After a child with a disability has been removed from his or her current placement for ten school days in the same school year, during any subsequent days of removal the public agency must provide services to the extent required under 34 CFR 300.530(d) (services).
[34 CFR 300.530(b)(2)]

A child with a disability who is removed from the child’s current placement pursuant to 34 CFR 300.530(c) (a disciplinary change in placement for more than ten consecutive school days where the behavior is determined not to be a manifestation of the disability) or (g) (a removal for special circumstances related to drugs, weapons or serious bodily injury) must:
  • Continue to receive education services, as provided in 34 CFR 300.101(a) (free appropriate public education (FAPE)requirements), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and
  • Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.
[34 CFR 300.530(d)(1)] [20 U.S.C. 1415(k)(1)(D)]

After a child with a disability has been removed from his or her current placement for ten school days in the same school year, if the current removal is for not more than ten consecutive school days and is not a change of placement under 34 CFR 300.536, school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed, as provided in 34 CFR 300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.
[34 CFR 300.530(d)(4)]

If the removal is a change of placement under 34 CFR 300.536, the child’s IEP Team determines appropriate services under 34 CFR 300.530(d)(1).
[34 CFR 300.530(d)(5)]

The services required by 34 CFR 300.530 (d)(1), (d)(3), (d)(4), and (d)(5) may be provided in an interim alternative educational setting.
[34 CFR 300.530(d)(2)]

The child’s IEP Team determines the interim alternative educational setting for services under 34 CFR 300.530(c) (a disciplinary change in placement for more than ten consecutive school days where the behavior is determined not to be a manifestation of the disability), (d)(5) (a removal that is a change of placement), and (g) (a removal for special circumstances related to drugs, weapons or serious bodily injury).
[34 CFR 300.531] [20 U.S.C. 1415(k)(2)]

**Note: This is also connected to provision # 3, and 4 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: Service Provider
    Location: Alaska

    Role: Service Provider
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Family
    Location: New Jersey

    Role: Teacher
    Location: Pennsylvania

    Role: Administrator
    Location: Pennsylvania

    Role: Teacher
    Location: South Carolina

    Role: Teacher
    Location: West Virginia