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question about manifestation detrmination
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<blockquote data-quote="Sheila" data-source="post: 36288" data-attributes="member: 23"><p>There are general rules of thumb, but also caveats. Every situation is unique.</p><p></p><p>For example, in my opinion, kids being sent to the office for discipline and then sitting in the principal's office day after day can be counted toward the 10 days in some instances because it effectively becomes a "change in placement." The same for calling parents to come pick up a student -- even when it's not "officially" a suspension.</p><p></p><p>The US Dept of Ed clarifies IDEA 2004's intent in some areas @ <a href="https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf" target="_blank">https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf</a>:</p><p></p><p>Comment: A few commenters</p><p>requested clarifying the Departments</p><p>basis for the general authority of school</p><p>personnel to remove a child with a</p><p>disability for up to 10 consecutive</p><p>school days, so as not to preclude</p><p>subsequent short-term removals in the</p><p>same school year. Many commenters</p><p>expressed concern that permitting</p><p>subsequent removals of up to 10</p><p>consecutive school days in the same</p><p>school year could be misapplied and</p><p>result in a denial of services. Several</p><p>commenters stated that § 300.530 is not</p><p>clear as to whether students who are</p><p>removed for more than 10 school days</p><p>in a school year must continue to</p><p>receive services.</p><p></p><p>Discussion: The Department has long</p><p>interpreted the Act to permit schools to</p><p>remove a child with a disability who</p><p>violates a code of student conduct from</p><p>his or her current placement for not</p><p>more than 10 consecutive school days,</p><p>and that additional removals of 10</p><p>consecutive school days or less in the</p><p>same school year would be possible, as</p><p>long as those removals do not constitute</p><p>a change in placement. The</p><p>requirements in § 300.530(b) do not</p><p>permit using repeated disciplinary</p><p>removals of 10 school days or less as a</p><p>means of avoiding the change in</p><p>placement options in § 300.536. We</p><p>believe it is important for purposes of</p><p>school safety and order to preserve the</p><p>authority that school personnel have to</p><p>be able to remove a child for a</p><p>discipline infraction for a short period</p><p>of time, even though the child already</p><p>may have been removed for more than</p><p>10 school days in that school year, as</p><p>long as the pattern of removals does not</p><p>itself constitute a change in placement</p><p>of the child.</p><p>On the other hand, discipline must</p><p>not be used as a means of disconnecting</p><p>a child with a disability from education.</p><p>Section 300.530(d) clarifies, in general,</p><p>that the child must continue to receive</p><p>educational services so that the child</p><p>can continue to participate in the</p><p>general curriculum (although in another</p><p>setting), and progress toward meeting</p><p>the goals in the childs IEP.</p><p>Changes: None.</p><p></p><p>Comment: Several commenters</p><p>recommended retaining the</p><p>Departments long term policy that an</p><p>in-school suspension would not be</p><p>considered a part of the days of</p><p>suspension as long as the child is</p><p>afforded the opportunity to continue to</p><p>appropriately progress in the general</p><p>curriculum, continue to receive services</p><p>specified on the childs IEP, and</p><p>continue to participate with</p><p>nondisabled children to the extent they</p><p>would have in their current placement.</p><p>Other commenters recommended</p><p>including in the regulations the</p><p>commentary from the March 12, 1999</p><p>Federal Register (64 FR 12619)</p><p>regarding whether an in-school</p><p>suspension or a bus suspension</p><p>constitutes a day of removal.</p></blockquote><p></p>
[QUOTE="Sheila, post: 36288, member: 23"] There are general rules of thumb, but also caveats. Every situation is unique. For example, in my opinion, kids being sent to the office for discipline and then sitting in the principal's office day after day can be counted toward the 10 days in some instances because it effectively becomes a "change in placement." The same for calling parents to come pick up a student -- even when it's not "officially" a suspension. The US Dept of Ed clarifies IDEA 2004's intent in some areas @ [url]https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf[/url]: Comment: A few commenters requested clarifying the Departments basis for the general authority of school personnel to remove a child with a disability for up to 10 consecutive school days, so as not to preclude subsequent short-term removals in the same school year. Many commenters expressed concern that permitting subsequent removals of up to 10 consecutive school days in the same school year could be misapplied and result in a denial of services. Several commenters stated that § 300.530 is not clear as to whether students who are removed for more than 10 school days in a school year must continue to receive services. Discussion: The Department has long interpreted the Act to permit schools to remove a child with a disability who violates a code of student conduct from his or her current placement for not more than 10 consecutive school days, and that additional removals of 10 consecutive school days or less in the same school year would be possible, as long as those removals do not constitute a change in placement. The requirements in § 300.530(b) do not permit using repeated disciplinary removals of 10 school days or less as a means of avoiding the change in placement options in § 300.536. We believe it is important for purposes of school safety and order to preserve the authority that school personnel have to be able to remove a child for a discipline infraction for a short period of time, even though the child already may have been removed for more than 10 school days in that school year, as long as the pattern of removals does not itself constitute a change in placement of the child. On the other hand, discipline must not be used as a means of disconnecting a child with a disability from education. Section 300.530(d) clarifies, in general, that the child must continue to receive educational services so that the child can continue to participate in the general curriculum (although in another setting), and progress toward meeting the goals in the childs IEP. Changes: None. Comment: Several commenters recommended retaining the Departments long term policy that an in-school suspension would not be considered a part of the days of suspension as long as the child is afforded the opportunity to continue to appropriately progress in the general curriculum, continue to receive services specified on the childs IEP, and continue to participate with nondisabled children to the extent they would have in their current placement. Other commenters recommended including in the regulations the commentary from the March 12, 1999 Federal Register (64 FR 12619) regarding whether an in-school suspension or a bus suspension constitutes a day of removal. [/QUOTE]
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