SERVICES DURING PERIODS OF REMOVAL

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.   

. . . 
(d) Services. 
. . . 
    (3) A public agency is only required to provide services during periods of removal to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a child without disabilities who is similarly removed.   
. . . 


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

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

. . . 
(b) General. 
. . .    
    (2) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the public agency must provide services to the extent required under 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.   

. . . 
(d) Services. 
. . . 
    (4) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under §300.536, school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed, as provided in §300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.   
. . . 


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

34 Code of Federal Regulations § 300.101  Free appropriate public education (FAPE).   

(a) General.  
A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in §300.530(d).  
. . . 


Last Amended:  71 FR 46762, Aug. 14, 2006
Entered:  May 28, 2009

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

. . . 
(d) Services. 
. . . 
    (4) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under §300.536, school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed, as provided in §300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.   
. . . 


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

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

. . . 
(d) Services. 
. . . 
    (4) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under §300.536, school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed, as provided in §300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.   
. . . 


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

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

. . . 
(d) Services. 
. . . 
    (4) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under §300.536, school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed, as provided in §300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.   
. . . 


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

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

. . . 
(d) Services. 
. . . 
    (2) The services required by paragraph (d)(1), (d)(3), (d)(4), and (d)(5) of this section may be provided in an interim alternative educational setting.   
. . . 


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

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

. . . 
(d) Services. 
. . . 
    (5) If the removal is a change of placement under §300.536, the child’s IEP Team determines appropriate services under paragraph (d)(1) 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.   

. . . 
(d) Services. 
    (1) A child with a disability who is removed from the child’s current placement pursuant to paragraphs (c), or (g) of this section must—   
       (i) Continue to receive educational services, as provided in §300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and   
. . . 


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

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

. . . 
(d) Services. 
. . . 
    (2) The services required by paragraph (d)(1), (d)(3), (d)(4), and (d)(5) of this section may be provided in an interim alternative educational setting.   
. . . 


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

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

. . . 
(d) Services. 
    (1) A child with a disability who is removed from the child’s current placement pursuant to paragraphs (c), or (g) of this section must—   
       (i) Continue to receive educational services, as provided in §300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and   
. . . 


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

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

. . . 
(d) Services. 
    (1) A child with a disability who is removed from the child’s current placement pursuant to paragraphs (c), or (g) of this section must—   
       (i) Continue to receive educational services, as provided in §300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and   
. . . 


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

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

. . . 
(d) Services. 
    (1) A child with a disability who is removed from the child’s current placement pursuant to paragraphs (c), or (g) of this section must—   
. . . 
       (ii) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.   
. . . 


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

Texas Education Code § 37.004. Placement of Students with Disabilities.  

. . . 
(b)  Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law may be taken only after the student's admission, review, and dismissal committee conducts a manifestation determination review under 20 U.S.C. Section 1415(k)(4) and its subsequent amendments.  Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of:
(1)  functional behavioral assessments;
(2)  positive behavioral interventions, strategies, and supports;
(3)  behavioral intervention plans;  and
(4)  the manifestation determination review.                              
. . . 


Last Amended:   78th Leg., ch. 1276, Sec. 6.006, eff. Sept. 1, 2003
87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 3, eff. June 4, 2021
Entered:  October 22, 2021

Texas Education Code § 37.004. Placement of Students with Disabilities.  

. . .
(b-1)  If a school district takes a disciplinary action regarding a student with a disability who receives special education services that constitutes a change in placement under federal law, the district shall:
(1)  not later than the 10th school day after the change in placement:
(A)  seek consent from the student's parent or person standing in parental relation to the student to conduct a functional behavioral assessment of the student, if a functional behavioral assessment has never been conducted on the student or the student's most recent functional behavioral assessment is more than one year old; and
(B)  review any previously conducted functional behavioral assessment of the student and any behavior improvement plan or behavioral intervention plan developed for the student based on that assessment; and
(2)  as necessary:
(A)  develop a behavior improvement plan or behavioral intervention plan for the student if the student does not have a plan; or
(B)  if the student has a behavior improvement plan or behavioral intervention plan, revise the student's plan.
. . .

Last Amended:  78th Leg., ch. 1276, Sec. 6.006, eff. Sept. 1, 2003
87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 3, eff. June 4, 2021
Entered:  October 22, 2021

Texas Education Code § 37.0022. Removal by School Bus Driver. 

(a) The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the principal’s office to maintain effective discipline on the school bus. The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct adopted under Section 37.001.

(b) Section 37.004 applies to any placement under Subsection (a) of a student with a disability who receives special education services.  

Last Amended: 83rd Leg., R.S., ch. 487, Sec. 2, eff. June 14, 2013
Entered: July 29, 2013
SBS

34 Code of Federal Regulations § 300.531  Determination of setting. 

The child’s IEP Team determines the interim alternative educational setting for services under §300.530(c), (d)(5), and (g).


Last Amended:  71 FR 46799, Aug. 14, 2006
Entered:  June 9, 2009
SBS

Discipline and School Removals (TEA)

OSERS Questions and Answers on Discipline Procedures (Revised June 2009)
Specifically Question & Answer:
C-2
C-3
E-2