§ 300.530 Authority of school personnel.

Plain English summary

This section governs the authority of school personnel to discipline students with disabilities who violate a code of student conduct, including short-term removals of up to 10 school days, longer removals when behavior is not a manifestation of disability, and mandatory manifestation determination reviews. It also establishes special circumstances under which students may be removed to an interim alternative educational setting for up to 45 school days regardless of manifestation determination, and requires that educational services continue during removals exceeding 10 school days in a school year.

Key requirements

• School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a child with a disability who violates a code of student conduct.
• School personnel may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days.
• After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the public agency must provide services to the extent required under paragraph (d) of this section.
• A child with a disability who is removed from the child's current placement pursuant to paragraphs (c), or (g) of this section must continue to receive educational services, as provided in § 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.
• A child with a disability who is removed from the child's current placement pursuant to paragraphs (c), or (g) of this section must 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.
• Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child's IEP Team must review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents.
• If the LEA, the parent, and relevant members of the child's IEP Team determine the condition described in paragraph (e)(1)(ii) of this section was met, the LEA must take immediate steps to remedy those deficiencies.
• If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child's disability, the IEP Team must either conduct a functional behavioral assessment and implement a behavioral intervention plan, or review and modify an existing behavioral intervention plan, and return the child to the placement from which the child was removed.
• School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the child carries a weapon, knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance, or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function.
• 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 § 300.504.

Affected parties

• students with disabilities
• parents of students with disabilities
• local educational agencies (LEAs)
• state educational agencies (SEAs)
• school personnel
• IEP Teams
• public agencies

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.530