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What if my child is being disciplined for behavior related to their disability?

Reviewed by Dr. Elizabeth Long, Ph.D. — Director of Special Education, 32 years in public education.

IDEA provides specific protections regarding discipline, including requirements concerning manifestation determination in certain disciplinary situations.

If discipline could result in a change of placement, parents should understand their procedural safeguards and the specific protections that may apply.

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The free Removal Log keeps a running list of each time your child was suspended, sent home, or taken off the bus, so you can compare it with the school's count.

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Official law

“For purposes of removals of a child with a disability from the child's current educational placement under §§ 300.530 through 300.535, a change of placement occurs if—

(1) The removal is for more than 10 consecutive school days; or

(2) The child has been subjected to a series of removals that constitute a pattern—

(i) Because the series of removals total more than 10 school days in a school year;

(ii) Because the child's behavior is substantially similar to the child'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 child has been removed, and the proximity of the removals to one another.”

— 34 CFR 300.536(a)

This section is educational support, not legal advice. Special education rules can depend on your state and your child's facts. Talk with your IEP or 504 team, and with counsel when you need legal advice.

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This is educational information, not legal advice. IDEA, Section 504, FERPA, and state rules may differ by situation.

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