The Legal Framework for the Child-Centered Special Education Process
 
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SERVICES DURING PERIODS OF REMOVAL  
 
Authorities:  20 U.S.C. §1415; 34 C.F.R. Part 300; Texas Education Code
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

REMOVALS FOR LESS THAN 10 CUMULATIVE DAYS


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A local educational agency (LEA) is only required to provide services during periods of removal 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 is similarly removed. 300.530(d)(2)
300.530(d)(3)


REMOVALS FOR MORE THAN 10 CUMULATIVE DAYS THAT ARE NOT A CHANGE OF PLACEMENT


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The LEA must conduct a CHANGE OF PLACEMENT analysis and comply with the CHANGE OF PLACEMENT framework.


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After a child with disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a CHANGE OF PLACEMENT: 300.530(b)(2)
300.530(d)(4)


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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 for a free appropriate public education (FAPE):
300.101(a)
300.530(d)(4)


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    • To enable the child to continue to participate in the general education curriculum, although in another setting;
300.530(d)(4)


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    • To enable the child to progress toward meeting the goals set out in the child’s individualized education program IEP; and
 		300.530(d)(4)


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  • Services may be provided in an interim alternative educational setting (IAES).
 		300.530(d)(2)


REMOVALS THAT ARE A CHANGE OF PLACEMENT


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The LEA must comply with the MANIFESTATION DETERMINATION framework.


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WHEN BEHAVIOR IS NOT A MANIFESTATION of the child's disability, or when a child with a disability is removed from the child's current placement due to SPECIAL CIRCUMSTANCES, the ARD COMMITTEE must determine: 300.530(d)(5)
TEC 37.004(b)
1415(k)(2)


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  • Educational services for a FAPE which may be provided in an IAES:
 		300.530(d)(1)(i)
300.530(d)(2)
1415(k)(1)(D)(i)


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    • To enable the child to continue to participate in the general education curriculum, although in another setting;
 		300.530(d)(1)(i)
1415(k)(1)(D)(i)


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    • To enable the child to progress toward meeting the goals set out in the child's IEP;
300.530(d)(1)(i)
1415(k)(1)(D)(i)


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  • As appropriate, a functional behavioral assessment;
 		300.530(d)(1)(ii)
1415(k)(1)(D)(ii)


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  • Behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur; and
 		300.530(d)(1)(ii)
1415(k)(1)(D)(ii)


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  • The IAES.
 		300.531
1415(k)(2)

 
 
Last Updated: Wednesday, December 19, 2007
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