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PROCEDURAL SAFEGUARDS NOTICE

that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.

c.

Serious bodily injury has the meaning given the term “serious bodily injury” under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code.

d.

Weapon has the meaning given the term “dangerous weapon” under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code.

9.

Notification

On the date it makes the decision to make a removal that is a change of placement of the child because of a violation of a code of student conduct, the LEA must notify the parents of that decision, and provide the parents with a procedural safeguards notice.

B.

CHANGE OF PLACEMENT BECAUSE OF DISCIPLINARY REMOVALS (34 CFR §300.536)

A removal of a child with a disability from the child’s current educational placement is a change of placement requiring a NOREP/prior written notice if:

1.

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

2.

The removal is for 15 cumulative school days total in any one school year;

3.

The child has been subjected to a series of removals that constitute a pattern because:

a.

The series of removals total more than 10 school days in a school year;

b.

The child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in a series of removals;

c.

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; and

Whether a pattern of removals constitutes a change of placement is determined on a case-by-case basis by the LEA and, if challenged, is subject to review through due process and judicial proceedings.

C.

DETERMINATION OF SETTING (34 CFR §300.531)

The IEP must determine the interim alternative educational setting for removals that are changes of placement, and removals under the headings Additional authority and Special circumstances, above.

D.

APPEAL (34 CFR §300.532)

1.

General

The parent of a child with a disability may file a due process complaint (see above) to request a due process hearing if he or she disagrees with:

a.

Any decision regarding placement made under these discipline provisions; or

b.

The manifestation determination described above.

The LEA may file a due process complaint (see above) to request a due process hearing if it believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.

2.

Authority of hearing officer

A hearing officer that meets the requirements described under the sub-heading Impartial Hearing Officer must conduct the due process hearing and make a decision. The hearing officer may:

a.

Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of the requirements described under the heading Authority of School Personnel, or that the child’s behavior was a manifestation of the child’s disability; or

b.

Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.

These hearing procedures may be repeated, if the LEA believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.

22July 2008 Revisions

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