Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 35
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44A
S
P
UTHORITY OF
CHOOL
ERSONNEL
Case-by-Case Determination
School personnel may consider any unique circumstances on a case-by-case basis, when
determining whether a change of placement, made in accordance with the following requirements
related to discipline, is appropriate for a child with a disability who violates a school code of
student conduct.
General
To the extent that they also take such action for children without disabilities, school personnel
may, for not more than 10 school days in a row, remove a child with a disability who violates a
code of student conduct from his or her current placement to an appropriate interim alternative
educational setting, another setting, or suspension. School personnel may also impose additional
removals of the child of not more than 10 school days in a row in that same school year for separate
incidents of misconduct, as long as those removals do not constitute a change of placement (see
Change of Placement Because of Disciplinary Removals for the definition, below).
Once a child with a disability has been removed from his or her current placement for a total of 10
school days in the same school year, the school divisio n must, during any subsequent days of
removal in that school year, provide services to the extent required below under the sub-heading
Services.
Additional Authority
If the behavior that violated the student code of conduct was not a manifestation of the c hild’s
disability (see Manifestation Determination, below) and the disciplinary change of placement
would exceed 10 school days in a row, school personnel may apply the disciplinary procedures to
that child with a disability in the same manner and for the same duration as it would to children
without disabilities, except that the school must provide services to that child as described below
under Services. The child’s IEP Team, which includes the parent(s), determines the interim
alternative educational setting for such services.
Services
If your child is removed from school for more than 10 days during a school year
because they are being disciplined for breaking school rules, your child must be
given educational services. Also, your child’s behavior may be reviewed, and a
plan developed so that the behavior does not happen again.
The services that must be provided to a child with a disability who has been removed from the
child’s current placement may be provided in an interim alternative educational setting.
A school division is only required to provide services to a child with a disability who has been
removed from his or her current placement for 10 school days or less in that school year, if it
provides services to a child without disabilities who has been similarly removed.
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