Does the IEP team determine whether a pattern of disciplinary removals in excess of ten school days constitutes a change in educational placement?

Published: July 29th, 2016

No. The regulations that implement the IDEA state that it is the school that “determines on a case-by-case basis whether a pattern of [disciplinary] removals constitutes a change of placement.” [34 C.F.R. § 300.536(b)(1)] Parents may, however, challenge this determination through due process and judicial proceedings. [Id. at (b)(2)]