Federal IDEA · 34 CFR Part 300 · Regulation

§ 300.531 Determination of setting.

Plain English summary

This section requires that the IEP Team, not school administrators or other parties, be responsible for determining the interim alternative educational setting when a child is removed under specific disciplinary provisions. It applies to removals involving weapons, drugs, or serious bodily injury, as well as certain hearing officer placements. The IEP Team's authority over this placement decision is a statutory requirement under IDEA.

Key requirements

  • The child's IEP Team determines the interim alternative educational setting for services under § 300.530(c), (d)(5), and (g).

Affected parties

  • IEP Team
  • children with disabilities subject to disciplinary removal
  • parents of children with disabilities
  • LEAs (local educational agencies)
  • special education administrators

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.531