Change Of Placement Because Of Disciplinary Removals ( Dixie R. Galvez) (16085E Lancashire Dr. 33470) U.S.A Palm Beach. (2020) ( Dixiergalvez@gmail.com)

 

Change Of Placement Because Of Disciplinary Removals: 

34 CFR  Section 300.536

A removal of a student with a disability from the students current educational placement is a change of placement if:


1.)  The removal is for more than 10 school days in a row; or

2.) The student has been subjected to a series of removals that constitute a pattern because:

    a.) The series of removals total more than 10 school days in a school year;

    b.) The students behavior is substantially similar to the students behavior in previous incidents that resulted in the series of removal;

    c.) Of such additional factors as the length of each removal, The total amount of time the student has been removed, and the proximity of the removals to one another; and


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.

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Determination Of Setting

34 CFR Section 300.531

The IEP team must determine the interim alternative educational setting for removals that are changes of placement, and removals under the headings Additional Authority and special Circumstances, above.

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Appeal CFR Section 300.532

General

The parent of a student with a disability may file a due process hearing request if he or she disagrees with:

1.) Any decision regarding placement made under these discipline provisions; or

2.) The manifestation determination described above.

The school district may file a due process hearing request if it believes that maintaining the current placement of the student is Substantially likely to result in injury to the student or to others.

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Authority Of An ALJ:

An ALJ hears and makes a determination regarding an appeal and requests for expedited due process hearing regarding discipline and, in making the determination:

1.)  An ALJ may return the student with a disability to the placement from which the student was removed if the ALJ determines that the removal was a violation of the requirements described under the heading Authority Of School Personnel,

or  that the students behavior was a manifestation of the students disability; or


2.) Order a change of placement of the student with a disability to an appropriate interim alternative educational setting (IAES) for not more than 45 school days if the ALJ determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.


These hearing procedures may be repeated if the school district believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.


Whenever a parent or a school district files a due process hearing request, a hearing must be held that meets the requirements described under the headings.


Due Process Hearing Requests, Due Process Hearing, Except as Follows:

1.) The Department of Education or school district must arrange for an expedited due process hearing, which must occur within 20 school days of the date the hearing is requested and must result in a determination within 10 school days after the hearing.


2.) Unless the parents and the school district agree in writing to waive the meeting, or agree to use mediation, a resolution meeting must occur within seven (7) calendar days of receiving notice of the due process hearing request. 

The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of receipt of the due process hearing request.


3.) A state may establish different procedural rules for expedited due process hearings than it has established for other due process hearing, but except for the timelines, those rules must be consistent with the rules in this document regarding due process hearings


A party may appeal the decision in an expedited due process hearing in the same way as they may for decisions in order due process hearings ( See Appeals Above).

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Placement During APPEALS:

34 CFR Section 300.533

When, as described above, The parent or school district has filed a due process hearing requests related to disciplinary matters, the student must (Unless the parent and the Department of Education or school district agree otherwise) remain in the interim alternative educational setting pending the decision of the ALJ, or until the expiration of the time period of removal as provided for and describe under the heading Authority of School Personnel, Which Occurs first.


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