Discipline Procedures Manifestation Determination Length of Removal Services Required IEP Meeting Required FBA/BIP If Challenged Results Removal ten (10) or No No No No No less school days If the violation was a manifestation of the The child remains in child’s Manifestation An FBA must be disability, he/she must return to the IAES setting until The child must receive Determination is conducted and BIP his/her previous placement, the hearing office Removal of more educational services that required within ten must be created. If the unless the parent and public makes a decision or the than ten (10) school enable the child to (10) days of the FBA/BIP was created agency agree to a change of identified time expires. days, which continue to participate in decision to change the prior change of placement. constitutes a change the general education Before the days expire placement. IEP placement, the FBA child’s in placement curriculum and progress If the violation is not a the IEP committee can must be modified to and BIP must be (§300.530(b) (2)) towards meeting his/her manifestation of the meet and determine that child’s address a reviewed and modified child’s goals on the IEP. disability, he/she can receive the IAES is the child’s behavioral concerns. if necessary. (§300.530(d)) the disciplinary procedures least restrictive (§300.530(e)) (§300.530(f)) applicable to children without environment. disabilities.(§300.530(f)) The child remains in the IAES setting until the hearing office Forty-five (45) day makes a decision or the alternative forty-five (45) days educational setting expire. (weapons, drugs, or Same as above Same as above Same as above Same as above Before the days expire, serious bodily the IEP Committee can injury) meet and determine that (§300.530(g)) the IAES is the child’s least restrictive environment.
Discipline Procedures Length of Removal Services Required IEP Meeting Required FBA/BIP Manifestation Determination Results If Challenged Removal ten (10) or less school days No No No No No Removal of more than ten (10) school days, which constitutes a change in placement (§300.530(b) (2)) The child must receive educational services that enable the child to continue to participate in the general education curriculum and progress towards meeting his/her goals on the IEP. (§300.530(d)) Manifestation Determination is required within ten (10) days of the decision to change the child’s placement. IEP must be modified to address a child’s behavioral concerns. (§300.530(e)) An FBA must be conducted and BIP must be created. If the FBA/BIP was created prior change of placement, the FBA and BIP must be reviewed and modified if necessary. (§300.530(f)) If the violation was a manifestation of the child’s disability, he/she must return to his/her previous placement, unless the parent and public agency agree to a change of placement. If the violation is not a manifestation of the child’s disability, he/she can receive the disciplinary procedures applicable to children without disabilities.(§300.530(f)) The child remains in the IAES setting until the hearing office makes a decision or the identified time expires. Before the days expire the IEP committee can meet and determine that the IAES is the child’s least restrictive environment. Forty-five (45) day alternative educational setting (weapons, drugs, or serious bodily injury) (§300.530(g)) Same as above Same as above Same as above Same as above The child remains in the IAES setting until the hearing office makes a decision or the forty-five (45) days expire. Before the days expire, the IEP Committee can meet and determine that the IAES is the child’s least restrictive environment.
vol-iv-disciplineprocedures-9-1-15_v3_20160708142156_286195.docx