In the May-June 2009 issue of In Case (Council for Administrators of 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 fourth essential point..."Before a disciplinary removal of a student with a disability is recommended, ask and answer the following question: 'Is the removal that is currently contemplated going to constitute a change of placment' for this student?' Appropriate disciplinary procedures applicable to students with disabilities are best understood by considering, as an initial matter, whether a contemplated disciplinary removal will amount to a 'change of placement.' Of course, 'placement' is generally defined by the student's IEP and the educational and related services set forth in it. If those services are changed or removed via a disciplinary removal, a potential 'change of placement' has occurred and certain procedures must be followed to ensure that the 'change of placement' is made in accordance with the law. Thus, determining whether a particular disciplinary removal will constitute a 'change in placement' for a student with a disability is essential for then determining what process needs to be followed in order to ensure legal compliance."
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