Do the IDEA regulations mean that a child with a disability cannot be removed from his or her current placement for more than ten school days in a school year?
No. School authorities may unilaterally suspend a child with a disability from the child’s regular placement for not more than 10 school days at a time for any violation of school rules if nondisabled children would be subjected to removal for the same offense. They also may implement additional suspensions of up to ten school days at a time in that same school year for separate incidents of misconduct if educational services are provided for the remainder of the removals, to the extent required under Sec. 300.121(d). (See the next question regarding the provision of educational services during periods of removal.) However, school authorities may not remove a child in a series of short-term suspensions (up to 10 school days at a time), if these suspensions constitute a pattern that is a change of placement because the removals cumulate to more than 10 school days in a school year and because of factors such as the length of each removal, the total amount of time the child is removed, a
Related Questions
- Do the IDEA regulations mean that a child with a disability cannot be removed from his or her current placement for more than ten school days in a school year?
- What must a school district do when removing a child with a disability from his or her current placement for the eleventh cumulative day in a school year?
- Can a child with a disability who is experiencing significant disciplinary problems be removed to another placement?
