The behavior was NOT a manifestation of the child's disability [1415(k)(1)(E)(ii)].

Nevertheless, for any long-term removal, the school must [1415(k)(1)(D)]:
  • Provide educational services consistant with the child's IEP beginning on the 11th day of the removal in the interim alternate educational setting (IAES).
  • Conduct, if appropriate, a functional behavior assessment (FBA).
  • Provide, if appropriate, behavioral interventions and modifications designed to prevent the behavior from reoccurring.
When addressing behavior, IDEA sometimes requires the IEP team to consider using Positive Behavior Interventions and Supports (PBIS).  To determine whether you are required to consider PBIS in your situation . . . 

Continue to:  Considering PBIS 

The tool currently only includes the federal requirements. Federal requirements apply in all states and states may add on (but not subtract) from the Federal laws. The tool doesn't currently incorporate court decisions or other authoritative interpretation of the law that can clarify issues not explicitly clear from the statute or regulations alone.

Copyright 2008, Matthew J. Stowe. All rights reserved.