§ 300.170 Suspension and expulsion rates.

Plain English summary

State Educational Agencies (SEAs) must examine disaggregated data on long-term suspensions and expulsions of children with disabilities to identify significant discrepancies across LEAs or compared to nondisabled peers. If discrepancies are found, the SEA must review and, where appropriate, revise policies, procedures, and practices related to IEP development, positive behavioral interventions and supports, and procedural safeguards. The goal is to ensure compliance with the Act.

Key requirements

• The SEA must examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities among LEAs in the State or compared to the rates for nondisabled children within those agencies.
• If the discrepancies described in paragraph (a) are occurring, the SEA must review and, if appropriate, revise (or require the affected State agency or LEA to revise) its policies, procedures, and practices relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards.
• Revised policies, procedures, and practices must comply with the Act.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Children with disabilities
• State agencies responsible for education

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.170