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DISCIPLINARY CHANGE OF PLACEMENT

DISCIPLINARY CHANGE OF PLACEMENT

Authorities: 34 CFR Part 300; Texas Education Code
 
 
 
  FEDERAL AND STATE REQUIREMENTS
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.
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. 
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
For purposes of removals of the child with a disability from the child's current educational placement, a change of placement occurs if:
  • The removal is for more than 10 consecutive school days; or
  • 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;
    • Because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals; and
    • 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.
 

DECISION

The LEA determines, on a case-by-case basis, whether a pattern of removals constitutes a change of placement.

The LEA's determination is subject to review through due process and judicial proceedings.

 
FUNCTIONAL BEHAVIORAL ASSESSMENTS (FBAs) AND BEHAVIOR INTERVENTION PLANS (BIPs)
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:
  • 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
  • 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:
  • Develop a behavior improvement plan or BIP for the child if the child does not have a plan; or
  • If the child has a behavior improvement plan or BIP, revise the child's plan.
 

NOTIFICATION

On the date on which the decision is made to make a removal that constitutes a change of placement, the LEA must:

  • Notify the parent of that decision; and
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.
  Last Updated : Thu, May 12, 2022