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IDEA permits disciplinary measures subject to limits and safeguards. Relevant factors include each removal’s length, the yearly total, a possible pattern, and services during removal from placement.
Count days and examine the pattern
Section 300.530 permits removals of up to 10 consecutive school days under its conditions. More than 10 consecutive school days is a placement change. Multiple removals totaling more than 10 days in a year can also be a change if they form the pattern in §300.536, considering behavioral similarity, length, total time, and proximity.
Document early pickups or instructions to stay home because of behavior. OSEP’s 2022 guidance explains that certain informal exclusions can be removals; relabeling does not eliminate the inquiry. Not every departure for health or other reasons is disciplinary suspension.
Services and notice
After 10 school days of removal in the year, subsequent days trigger §300.530(d)’s service obligations. For a placement change, the team determines appropriate services. On the day a disciplinary placement change is decided, parents must receive notice and procedural safeguards.
If eligibility has not been established
Section 300.534 may protect a student if the agency had prior knowledge under that provision’s criteria and exceptions. An evaluation requested during discipline without such prior knowledge must be expedited; that does not automatically halt the measure during evaluation. Seek prompt guidance and preserve earlier requests and communications.
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. §300.536 · Patrón de remociones / Pattern of removals34 C.F.R. §300.534 · Protecciones antes de elegibilidad / Protections before eligibilityOSEP · 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.