NC Education Code · NC Policy Manual
NC 1504-2.7 Change of Placement Because of Disciplinary Removals
Plain English summary
This regulation defines when disciplinary removals of a child with a disability constitute a 'change of placement,' either through a single removal exceeding 10 consecutive school days or through a pattern of shorter removals totaling more than 10 days in a school year with substantially similar behavior. The LEA makes case-by-case determinations on whether a pattern exists, and those determinations are 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 requires that 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 must be considered in determining a pattern.
- The LEA determines on a case-by-case basis whether a pattern of removals constitutes a change in placement.
- This determination is subject to review through due process and judicial proceedings.
Affected parties
- Students with disabilities
- Local Education Agencies (LEAs)
- Parents or guardians of students with disabilities
- Special education administrators
- Due process hearing officers