For purposes of removals of a student
eligible for special education services from the student's current educational
placement, because of disciplinary removals, a change of placement occurs if:
(a) The removal is for more than ten
consecutive school days; or
student has been subjected to a series of removals that constitute a pattern:
(i) Because the series of removals total more
than ten school days in a school year;
(ii) Because the student's behavior is
substantially similar to the student's behavior in previous incidents that
resulted in the series of removals; and
(iii) Because of such additional factors as
the length of each removal, the total amount of time the student has been
removed, and the proximity of the removals to one another.
(2) The school district determines
on a case-by-case basis whether a pattern of removals constitutes a change of
(3) The determination
regarding a disciplinary change of placement is subject to review through due
process and judicial proceedings.
Wash. Admin. Code §
21-19-065, Filed 9/14/2021, effective
28A.155.090 and 34 C.F.R. Part 300. WSR
13-20-034, 392-172A-05155, filed 9/24/13, effective 10/25/13. Statutory
28A.155.090(7) and 42 U.S.C.
1400 et. seq. WSR 07-14-078, 392-172A-05155, filed 6/29/07, effective 7/30/07.
WSR 13-20-001, § 392-172A-05155, filed 9/18/2013, effective