Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 36
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44A child with a disability who is removed from the child’s current placement for more than 10
school days must:
1. Continue to receive educational services, so as to enable the child to continue to
participate in the general education curriculum, although in another setting, and to
progress toward meeting the goals set out in the child’s IEP; and
2. Receive, as appropriate, a functional behavioral assessment, and behavioral intervention
services and modifications, that are designed to address the behavior violation so that it
does not happen again.
After a child with a disability has been removed from his or her current placement for 10 school
days in that same school year, and if the current removal is for 10 school days in a row or less
and if the removal is not a change of placement (see definition below), then school personnel, in
consultation with at least one of the child’s teachers, determine the extent to which services are
needed to enable the child to continue to participate in the general education curriculum,
although in another setting, and to progress toward meeting the goals set out in the child’s IEP.
If the removal is a change of placement (see definition below), the child’s IEP Team determines
the appropriate services to enable the child to continue to participate in the general education
curriculum, although in another setting, and to progress toward meeting the goals set out in the
child’s IEP.
Manifestation Determination
If the school division decides to change your child’s placement because of
behavior, you and the school staff must meet to determine if the behavior was
connected to your child’s disability.
The school must also consider if the
behavior was caused by the school division not following your child’s IEP.
Within 10 school days of any decision to change the placement of a child with a disability
because of a violation of a code of student conduct (except for a removal that is for 10 school
days in a row or less and not a change of placement), the school division, the parent, and
relevant members of the IEP Team (as determined by the parent and the school division) must
review all relevant information in the student’s file, including the child’s IEP, any teacher
observations, and any relevant information provided by the parents to determine:
1. If the conduct in question was caused by, or had a direct and substantial relationship to,
the child’s disability; or
2. If the conduct in question was the direct result of the school division’s failure to
implement the child's IEP.
If the school division, the parent, and relevant members of the child’s IEP Team determine that
either of those conditions was met, the conduct must be determined to be a manifestation of the
child’s disability.
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