Question for Martie

Discussion in 'Special Ed 101' started by hearthope, Mar 1, 2007.

  1. hearthope

    hearthope New Member

    Martie ~

    I was reading another post where you stated that if a child has an IEP they can't be suspended for more than 10 days without placement change.

    I have two questions ~ what constitutes a placement change?

    and is this for all states? I live in Alabama

    Thanks
     
  2. Martie

    Martie Moderator

    Dear HH,

    An exclusion greater than 10 days is considered a change of placement--and a deprivation of FAPE. Only an IEP team can change a placement. When the 10 day limit is reached, the IEP Team must meet and either conduct and FBA and develop a BIP or revise the BIP that exists.

    THEN the team has to consider whether the child can safely remain where he/she is or if the child needs a more restrictive placement, i.e., a therapeutic school to receive FAPE. There are dangerousness exceptions that can remove a child to an "alternativer setting" for up to 45 days but during that time FAPE must be delivered and a "permanent" change of placement developed.

    The South lost the Civil War so this is true, even in Alabama --LOL

    Martie
     
  3. hearthope

    hearthope New Member

    Thanks Martie,

    I wish I had found you sooner!
    My difficult child was put in alternative school for mths.
    I was barking up the wrong tree with the teachers and principal.

    I feared he would get behind in his work and that is what happened.

    I was not aware the IEP should meet in regards to his placement there.

    He spent ALOT of time there. He would have his time done and look around the side board of his desk and get more time added.
     
  4. Sheila

    Sheila Moderator

    See http://idea.ed.gov/explore/view/p/,root,regs,300,E,300%2E536,

    Regulations: Part 300 / E / 300.536
    Previous Next

    Sec. 300.536 Change of placement because of disciplinary removals.

    (a) For purposes of removals of a child with a disability from the child's current educational placement under Sec. Sec. 300.530 through 300.535, a change of placement occurs if--

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

    (2) The child has been subjected to a series of removals that constitute a pattern--

    (i) Because the series of removals total more than 10 school days in a school year;

    (ii) Because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals; and

    (iii) Because 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.

    (b)

    (1) The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.

    (2) This determination is subject to review through due process and judicial proceedings.

    (Authority: 20 U.S.C. 1415(k))


    You might want to do som reading on compensatory education: WHEN IS YOUR CHILD WITH A DISABILITY ENTITLED TO COMPENSATORY EDUCATION BECAUSE THE SCHOOL DISTRICT HAS VIOLATED HER RIGHTS?

    http://www.elc-pa.org/resources/fact-sheets/
     
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