Can a child with a disability who is experiencing significant disciplinary problems be removed to another placement?
Yes. Even when school personnel are appropriately trained and are proactively addressing children’s behavior issues through positive behavioral intervention supports, interventions, and strategies, there may be instances when a child must be removed from his or her current placement. When there is agreement between school personnel and the child’s parents regarding a change in placement (as there frequently is), there will be no need to bring into play the discipline provisions of the law. Even if agreement is not possible, in general, school officials can remove any child with a disability from his or her regular school placement for up to 10 school days at a time, even over the parents’ objections, whenever discipline is appropriate and is administered consistent with the treatment of nondisabled children. Sec. 300.520(a)(1). However, school officials cannot use this authority to repeatedly remove a child from his or her current placement if that series of removals means the child is
Related Questions
- Do the IDEA regulations mean that a child with a disability cannot be removed from his or her current placement for more than ten school days in a school year?
- Can a child with a disability who is experiencing significant disciplinary problems be removed to another placement?
- For purposes of disciplinary removals, what constitutes a change of placement for a child with a disability?
