Wash. Admin. Code § 392-172A-05148 - Conduct is not a manifestation of student's disability

(1) When disciplinary changes in placement exceed ten consecutive school days, and the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the student's disability pursuant to WAC 392-172A-05146, school personnel may apply the relevant disciplinary procedures to students eligible for special education services in the same manner and for the same duration as a district would apply discipline procedures to students without disabilities, except that services shall be provided in accordance with subsection (2) of this section.
(2) A student who is removed from the student's current placement pursuant to subsection (1) of this section must:
(a) Continue to receive educational services, that provide a FAPE, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP; and
(b) Receive, as appropriate when a student's removal is not a manifestation of the student's disability, a functional behavioral assessment, and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.
(3) The student's IEP team determines appropriate services.
(4) The services required may be provided in an interim alternative educational setting.
(5) The student's IEP team determines the interim alternative educational setting.


Wash. Admin. Code § 392-172A-05148
Adopted by WSR 17-23-054, Filed 11/9/2017, effective 12/10/2017 Amended by WSR 21-19-065, Filed 9/14/2021, effective 10/15/2021

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