DISCIPLINARY CHANGE OF PLACEMENT

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DISCIPLINARY CHANGE OF PLACEMENT

Authorities: 34 CFR Part 300; Texas Education Code

	FEDERAL AND STATE REQUIREMENTS
Practice	School personnel must consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for the child with a disability who violates a code of student conduct. Citations: 300.530(a)
Practice	The local education agency (LEA) that decides to change the placement of the child with a disability because of a violation of a code of student conduct must comply with the MANIFESTATION DETERMINATION framework.
Practice	The LEA that changes the placement of the child with a disability for disciplinary reasons must comply with the SERVICES DURING PERIODS OF REMOVAL framework.
	DISCIPLINARY CHANGE OF PLACEMENT
Practice	For purposes of removals of the child with a disability from the child's current educational placement, a change of placement occurs if: Citations: 300.536(a)
Practice	The removal is for more than 10 consecutive school days; or Citations: 300.536(a)(1)
Practice	The child has been subjected to a series of removals that constitute a pattern: Citations: 300.536(a)(2)
Practice	Because the series of removals total more than 10 school days in a school year; Citations: 300.536(a)(2)(i)
Practice	Because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals; and Citations: 300.536(a)(2)(ii)
Practice	Because of 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. Citations: 300.536(a)(2)(iii)
	DECISION
Practice	The LEA determines, on a case-by-case basis, whether a pattern of removals constitutes a change of placement. Citations: 300.536(b)(1)
Practice	The LEA's determination is subject to review through due process and judicial proceedings. Citations: 300.536(b)(2)
	FUNCTIONAL BEHAVIORAL ASSESSMENTS (FBAs) AND BEHAVIOR INTERVENTION PLANS (BIPs)
Practice	If the LEA takes a disciplinary action regarding a child with a disability who receives special education services that constitutes a change in placement, the LEA will, not later than the 10th school day after the change in placement: Citations: TEC 37.004(b-1) TEC 37.004(b-1)(1)
Document	Seek consent from the child's parent or person standing in parental relation to the child to conduct an FBA of the child, if an FBA has never been conducted on the child or the child's most recent FBA is more than one year old; and Citations: TEC 37.004(b-1)(1)(A)
Document	Review any previously conducted FBA of the child and any behavior improvement plan or BIP developed for the child based on that assessment; and as necessary: Citations: TEC 37.004(b-1)(1)(B)
Document	Develop a behavior improvement plan or BIP for the child if the child does not have a plan; or Citations: TEC 37.004(b-1)(2)(A)
Document	If the child has a behavior improvement plan or BIP, revise the child's plan. Citations: TEC 37.004(b-1)(2)(B)
	NOTIFICATION
Document	On the date on which the decision is made to make a removal that constitutes a change of placement, the LEA must: Citations: 300.530(h)
Document	Notify the parent of that decision; and Citations: 300.530(h)
Practice	For children who are homeless or in substitute care, the LEA must also provide notice to the child's educational decision-maker and caseworker regarding disciplinary actions for which parental notice is required:
Document	Provide the parent the Notice of Procedural Safeguards. Citations: 300.530(h) 300.504

Last Updated : Mon, Oct 16, 2023

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34 Code of Federal Regulations § 300.504 Procedural safeguards notice.

(a) General. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, except that a copy also must be given to the parents—
   (1) Upon initial referral or parent request for evaluation;
   (2) Upon receipt of the first State complaint under §§300.151 through 300.153 and upon receipt of the first due process complaint under §300.507 in a school year;
   (3) In accordance with the discipline procedures in §300.530(h); and
   (4) Upon request by a parent.

(b) Internet Web site. A public agency may place a current copy of the procedural safeguards notice on its Internet Web site if a Web site exists.

(c) Contents. The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under §300.148, §§300.151 through 300.153, §300.300, §§300.502 through 300.503, §§300.505 through 300.518, §§300.530 through 300.536 and §§300.610 through 300.625 relating to—
   (1) Independent educational evaluations;
   (2) Prior written notice;
   (3) Parental consent;
   (4) Access to education records;
   (5) Opportunity to present and resolve complaints through the due process complaint and State complaint procedures, including—
      (i) The time period in which to file a complaint;
      (ii) The opportunity for the agency to resolve the complaint; and
      (iii) The difference between the due process complaint and the State complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;
   (6) The availability of mediation;
   (7) The child’s placement during the pendency of any due process complaint;
   (8) Procedures for students who are subject to placement in an interim alternative educational setting;
   (9) Requirements for unilateral placement by parents of children in private schools at public expense;
   (10) Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;
   (11) State-level appeals (if applicable in the State);
   (12) Civil actions, including the time period in which to file those actions; and
   (13) Attorneys’ fees.

(d) Notice in understandable language. The notice required under paragraph (a) of this section must meet the requirements of §300.503(c).

Last Amended: 72 FR 61307, Oct. 30, 2007
Entered: June 8, 2009
SBS