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AUTHORITY OF SCHOOL PERSONNEL  
 
Authorities:  20 U.S.C. § 1415; 34 C.F.R. Part 300; Texas Education Code
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

AUTHORITY TO REMOVE FOR LESS THAN 10 CONSECUTIVE SCHOOL DAYS


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School personnel may remove a child with a disability who violates a student code of conduct from his or her current placement to an appropriate interim alternative educational setting (IAES), another setting, or suspension, for not more than 10 consecutive school days to the extent those alternatives are applied to children without disabilities. 300.530(b)(1)
TEC 37.001(a)
1415(k)(1)(B)


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School personnel may remove a child with a disability who violates a student code of conduct from his or her current placement for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct as long as those removals do not constitute a CHANGE OF PLACEMENT. 300.530(b)(1)
TEC 37.001(a)
1415(k)(1)(B)


AUTHORITY TO REMOVE FOR MORE THAN 10 CONSECUTIVE SCHOOL DAYS




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School personnel may apply the relevant disciplinary procedures that would be applied to children with disabilities in the same manner and for the same duration as the procedures that would be applied to children without disabilities, if: 300.530(c)
1415(k)(1)(C)


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  • In the MANIFESTATION DETERMINATION review, the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability;
300.530(c)
1415(k)(1)(C)


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300.530(c)
300.530(d)
1415(k)(1)(D)


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300.530(h)
1415(k)(1)(H)


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School personnel may remove a child to an IAES without regard to whether the behavior is determined to be a manifestation of the child's disability, if:

300.530(g)
1415(k)(1)(G)


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300.530(g)
1415(k)(1)(G)


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  • The removal is for not more than 45 school days.
300.530(g)
1415(k)(1)(G)


LIMITATION ON GENERAL AUTHORITY


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A child with a disability may not be disciplined for bullying, harassment, or making hit lists until an admission, review and dismissal (ARD) committee meeting has been held to review the conduct. TEC 37.001(a)(7)
TEC 37.001(a)(8)
TEC 37.001(b-1)

 
 
Last Updated: Tuesday, October 20, 2009
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