WHEN BEHAVIOR IS NOT A MANIFESTATION

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(c) Additional authority. For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability pursuant to paragraph (e) of this section, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in paragraph (d) of this section.     
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(c) Additional authority. For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability pursuant to paragraph (e) of this section, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in paragraph (d) of this section.     
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(c) Additional authority. For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability pursuant to paragraph (e) of this section, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in paragraph (d) of this section.     
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

OSERS Questions and Answers on Discipline Procedures (Revised June 2009)
Specifically Question & Answer:
F-2
F-6