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This review examines the relationship between behavior and disability or failure to implement the IEP when a disciplinary placement change is decided. It must occur within 10 school days of that decision; it is not required for every brief suspension.
Two questions; either can determine the outcome
The agency, parents, and relevant team members review records, observations, and family information. They determine whether the disability caused the conduct or had a direct and substantial relationship to it, or whether the conduct directly resulted from failure to implement the IEP. Either condition establishes manifestation.
What follows
For manifestation, §300.530(f) calls for functional assessment and a behavior intervention plan, or review of an existing plan. The general rule is return to the prior placement, subject to agreement or applicable exceptions. IEP implementation failures must be promptly corrected.
Weapons, specified drug conduct, and serious bodily injury can permit an interim alternative setting for up to 45 school days under §300.530(g)–(i), even with manifestation. Serious bodily injury has a specific legal definition; it does not mean every incident or injury.
If you disagree
Section 300.532 provides an expedited hearing within 20 school days after filing and a decision within 10 school days after the hearing. Its resolution procedure uses special seven- and 15-day periods, subject to the rule’s exceptions. Ordinary procedural periods do not automatically apply.
During that appeal, §300.533’s special interim-placement rule applies, subject to agreement and its conditions. Invoking stay put does not necessarily return the student immediately to the former classroom. We can promptly review the decision, date, and evidence.
The answer for your situation depends on the facts and records. An inquiry does not suspend legal deadlines or guarantee that the office will accept the case.
Reference sources
34 C.F.R. §300.530(b)–(h) · Disciplina, servicios y manifestación / Discipline, services, and manifestation34 C.F.R. §300.532 · Vista expedita / Expedited hearing34 C.F.R. §300.533 · Ubicación durante apelaciones / Placement during appeals20 U.S.C. §1415 · Procedural safeguardsOSEP · Preguntas y respuestas sobre disciplina, 19 julio 2022 (español)OSEP · Questions and Answers: IDEA Discipline Provisions, July 19, 2022Rules must be read in context. This explanation may require updating and individual review.