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DISCIPLINE - Regulations

6. Specify when the LEA must give notice.

On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA must notify the parents of that decision, and provide the parents the procedural safeguards notice described in 34 CFR 300.504.
[34 CFR 300.530(h)] [20 U.S.C. 1415(k)(1)(H)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. How does this regulation relate to your due process procedures for all children?

  2. What is the intent of giving notice to parents regarding a removal?

Application Questions

  1. How can notification work to support positive outcomes for the student and family?

  2. Timely notification implies that systems of accurate and up-to-date record keeping are necessary. What system(s) can be developed to assure timely notification?

    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