(see the heading §300.536 Due Process Complaint to request a due process Procedures) A removal of a child with a disability hearing if you disagree with: from the current educational child’s Any decision regarding placement is a change of placement if: placement made under these The removal is for more than ten discipline procedures; or (10) school days in a row; or The manifestation determination Your child has been subjected to described above. a series of removals that The school district may file a due constitute a pattern because: process complaint (see above) to request The series of removals total a due process hearing if it believes that more than ten (10) school maintaining the current placement of days in a school year; your child is substantially likely to result Your behavior is child’s in injury to your child or to others. substantially similar to the behavior in previous child’s Authority of hearing officer incidents that resulted in the A hearing officer that meets the series of removals; and requirements described under the Of such additional factors as must Impartial Hearing Officer the length of each removal, conduct the due process hearing and the total amount of time your make a decision. The hearing officer child has been removed, and may: the proximity of the removals Return your child with a to one another. disability to the placement from which your child was removed if Whether a pattern of removals the hearing officer determines constitutes a change of placement is that the removal was a violation determined on a case-by-case basis by of the requirements described the school district and, if challenged, is under the heading Authority of subject to review through due process or that your School Personnel, and judicial proceedings. behavior was a child’s manifestation of your child’s Determination of Setting disability; or §300.531 Order a change of placement of your child with a disability to an The IEP committee determines the appropriate interim alternative interim alternative educational setting educational setting for not more for removals that are changes of than forty-five (45) school days placement, and removals under the if the hearing officer determines headings and Additional authority that maintaining the current Special circumstances. placement of your child is Appeal substantially likely to result in §300.532 injury to your child or to others. General These hearing procedures may be You may file a due process complaint
§300.536 A removal of a child with a disability from the child’s current educational placement is a change of placement if: The removal is for more than ten (10) school days in a row; or Your child has been subjected to a series of removals that constitute a pattern because: The series of removals total more than ten (10) school days in a school year; Your child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and Of such additional factors as the length of each removal, the total amount of time your child has been removed, and the proximity of the removals to one another. Whether a pattern of removals constitutes a change of placement is determined on a case-by-case basis by the school district and, if challenged, is subject to review through due process and judicial proceedings. Determination of Setting §300.531 The IEP committee determines the interim alternative educational setting for removals that are changes of placement, and removals under the headings Additional authority and Special circumstances. Appeal §300.532 General You may file a due process complaint (see the heading Due Process Complaint Procedures) to request a due process hearing if you disagree with: Any decision regarding placement made under these discipline procedures; or The manifestation determination described above. The school district may file a due process complaint (see above) to request a due process hearing if it believes that maintaining the current placement of your child is substantially likely to result in injury to your child or to others. Authority of hearing officer A hearing officer that meets the requirements described under the Impartial Hearing Officer must conduct the due process hearing and make a decision. The hearing officer may: Return your child with a disability to the placement from which your child was removed if the hearing officer determines that the removal was a violation of the requirements described under the heading Authority of School Personnel, or that your child’s behavior was a manifestation of your child’s disability; or Order a change of placement of your child with a disability to an appropriate interim alternative educational setting for not more than forty-five (45) school days if the hearing officer determines that maintaining the current placement of your child is substantially likely to result in injury to your child or to others. These hearing procedures may be
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