Iowa Admin. Code r. 281-41.536 - Change of placement because of disciplinary removals
(1)
General. For purposes of removals of a child with a disability
from the child's current educational placement under rules
281-41.530 (256B, 34CFR300) to
281-41.535 (256B, 34CFR300 ), a
change of placement occurs under the following circumstances:
a. The removal is for more than ten
consecutive school days; or
b. The
child has been subjected to a series of removals that constitute a pattern
based on the following:
(1) The series of
removals total more than ten school days in a school year;
(2) The child's behavior is substantially
similar to the child's behavior in previous incidents that resulted in the
series of removals; and
(3)
Additional factors, such as the length of each removal, the total amount of
time the child has been removed, and the proximity of the removals to one
another.
(2)
Rules of construction .
a.
The public agency determines on a case-by-case basis whether a pattern of
removals constitutes a change of placement.
b. This determination is subject to review
through due process and judicial proceedings.
c. Nothing in this rule shall be construed to
prohibit LEAs from establishing policies that a change of placement occurs on
the eleventh cumulative day of removal, regardless of the factors set forth in
paragraph 41.536(1)"b."
(3)
In-school suspensions and other
actions. In determining whether an in-school suspension or other
disciplinary action is to be considered a removal for purposes of this rule, an
in-school suspension or other disciplinary action will not be considered a
removal if all three of the following questions are answered in the
affirmative:
a. Will the child be able to
appropriately participate in the general education curriculum?
b. Will the child be able to receive the
services specified in the child's IEP ?
c. Will the child be able to participate with
children without disabilities to the extent provided in the child's current
placement?
Notes
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