§ 300.536 Change of placement because of disciplinary removals.

Plain English summary

This section defines when a disciplinary removal of a child with a disability constitutes a 'change of placement.' A change of placement occurs either when a single removal exceeds 10 consecutive school days or when a series of shorter removals forms a pattern based on total days, similarity of behavior, and proximity of removals. The public agency makes this determination case-by-case, subject to due process and judicial review.

Key requirements

• A change of placement occurs if the removal is for more than 10 consecutive school days.
• A change of placement occurs if the child has been subjected to a series of removals that constitute a pattern because the series of removals total more than 10 school days in a school year.
• A pattern is determined because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals.
• Additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another are considered.
• The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.
• This determination is subject to review through due process and judicial proceedings.

Affected parties

• children with disabilities
• public agencies (LEAs)
• parents of children with disabilities
• IEP teams

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.536