511 IAC 7-44-1 - Removals and services in general

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-33-8-7; IC 20-35

Sec. 1.

(a) A public agency is not required to provide services to a student with a disability during any of the first ten (10) cumulative instructional days of removal in a school year, for violating a code of student conduct, if services are not provided to a nondisabled student who has been similarly removed. During any subsequent days of removal, the public agency must provide services to the extent required under sections 3, 5, and 6 of this rule.

(b) Removal of a student for any part of a day constitutes a day of removal.

(c) A short term removal of a student pursuant to the student's IEP is not a removal under this rule.

(d) A suspension is a removal. However, an in-school suspension is not considered a removal for purposes of this rule if, during the in-school suspension, the student has the opportunity to:

(1) progress appropriately in the general curriculum;

(2) receive the special education services specified in the student's IEP; and

(3) participate with nondisabled students to the extent the student would have in the student's current placement.

(e) If the bus transportation is a part of the student's IEP, a suspension from the bus would be a removal, unless the public agency provides transportation in an alternative manner.

(f) A removal under this rule constitutes a suspension as defined in IC 20-33-8-7. A public agency's suspension procedures must comply with Indiana statutes and this article.

(g) If a student is removed for more than ten (10) consecutive instructional days in a school year, the public agency must abide by the requirements in sections 4 and 5 of this rule.

(h) If a student is removed for more than ten (10) cumulative instructional days in a school year, the public agency must determine if a change of placement has occurred in accordance with section 2 of this rule. If the public agency determines:

(1) that a change of placement has occurred, the public agency must abide by the requirements in sections 4 and 5 of this rule; or

(2) that a change of placement has not occurred, the public agency must abide by the requirements in section 3 of this rule.

Notes

511 IAC 7-44-1

Indiana State Board of Education; 511 IAC 7-44-1; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; errata filed Jul 31, 2008, 2:50 p.m.: 20080813-IR-511080112ACA Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA Filed 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA