C.F.R. Sec. 300.536(a)(2) - Change of placement because of disciplinary removals

(a) For the purposes of removals of a child with a disability from the child's current educational placement under Secs. 300.530 through 300.535, a change of placement occurs if -

(2) The child has been subjected to a series of removals that constitute a pattern-

(i) Because the series of removals total more than 10 school days in a school year;

(ii) Because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in teh series of removals; and

(iii) Because of such additional factors as the length of each removal, the total amount of time the chcild has been removed, and the proximity of  the removals to one another.

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.