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If parent or child with a disability disagree with any decision regarding placement or the Manifestation Determination, they can appeal by filing a complaint for expedited due process.

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As necessary, conduct a FBA and implement or amend BIP.

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IEP Team decides what FAPE services are needed for the student to progress towards IEP goals in the general education setting, or during suspension or expulsion.

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The student with a disability can be punished like a student without a disability in the same manner, for the same duration.

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1. Conduct a functional behavioral assessment, unless the administrative unit had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or
2. If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior.

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If the behavior is the direct result of the administrative unit’s failure to implement the IEP, the administrative unit must take immediate action to remedy those deficiencies.

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Within 10 school days the administrative unit, parent(s), and relevant members of the IEP Team must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by parent(s) to determine:
1. If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
2. If the conduct in question was the direct result of the administrative unit’s failure to implement the child's IEP.

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School personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.

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This constitutes a change of placement and the child must:
1.  Continue to receive educational services, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and
2. Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not happen again.

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The student has been subjected to a series of removals that constitute a pattern:
a. Because the series of removals total more than 10 school days in a school year;
b. Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and
c. 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.

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An administrative unit is only required to provide services to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a child without disabilities who has been similarly removed.
However, the suspending authority must provide every student an opportunity to make up school work during the time of suspension as a means of reintegrating the student into the educational program following the period of suspension.

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Child is disciplined and the total days of removal are for 10 or more consecutive school days.

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Child is disciplined and the total days of removal equal more than 10 school days

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Child is disciplined and the total removal is less than 10 consecutive school days AND less than 10 cumulative school days in the school year.

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Whether or not the behavior was a manifestation of the child’s disability, school personnel may remove a student to an interim alternative educational setting (determined by the child’s IEP Team) for up to 45 school days

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Was the violation a Special Circumstance?

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Was the violation a Special Circumstance?

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Involve weapons, illegal drugs, or cause serious bodily harm?