ANSWER

The proposed disciplinary action is a long-term removal or change of placement.

Whenever the school proposes a long-term removal it must:
  • Notify the child's parents of the proposed disciplinary action on the same day the disciplinary decision is made, and additionally, give them a copy of the procedural safeguards notice [1415(k)(1)(H)].
  • Provide educational services consistant with the child's IEP in the interim alternate educational setting starting on the 11th day of removal.
  • Conduct a manifestation determination to establish whether the behavior that resulted in the disciplinary action was a manifestation of the child's disability [1415(k)(1)(E)(i)].  What other actions the school must take to comply with IDEA depends on the results of the manifestation hearing.
To review the requirements for conducting a manifestation hearing, see our Manifestation Determination Checklist.

Or continue to:  Manifestation Results



LIMITATIONS OF THE TOOL:
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.