Who determines what special education services are provided to a student with a disability who has been removed for disciplinary reasons?

Published: July 15th, 2016

If the disciplinary removal does not constitute a change of placement (because it is not more than 10 consecutive days or it is part of a series of removals that cumulates to more than 10 school days in the same school year, but does not amount to a pattern of removals, see 34 C.F.R. § 300.536), then school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed during the removal period. [34 C.F.R. § 300.530(d)(4)] If the removal is a change of placement, the child’s IEP team determines the appropriate services to be provided during the removal. [Id. at subsection (d)(5)]