Discipline of Students with Disabilities: Essential Point #5

In the July-August 2009 issue of In Case (Council of Administrators in Special Education), Julie Weatherly (attorney with the Weatherly Law Firm) begins a series of articles addressing the discipline of students with disabilities. Here is the fifth essential point...
For purposes of discipline of a student with a disability, a "change of placement" includes any removal for more than 10 consecutive school days. Following up on essential point #4 (see blog entry dated 9-16-09), it is important to understand what constitutes a "change of placement" for purposes of ensuring that a legally-compliant discipline process is followed when disciplining a student with a disability. The IDEA regulations provide that, for purposes of removals of a child with a disability from the child's current educational placement, a change of placement occurs if the removal is for more than 10 consecutive school days. 34 C.F.R. section 300.536(a)(1). This does not mean that a student with a disability can not be removed for disciplinary purposes for more than 10 consecutive school days, however. Rather, it means that should such a "change of placement" occur, school personnel must follow applicable "change of placement" procedures via the IEP team process.