Removals for More than 10 Days

a.   Beginning on the eleventh cumulative school day in the school year that a child with a disability is removed from his or her current placement, the school district must provide those services that school personnel (for example, the school administrator or other appropriate school personnel) in consultation with the child’s special education teacher determine to be necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the child’s IEP.  School personnel would determine where those services would be provided. This means that for the remainder of the removal that includes the eleventh day, and for any subsequent removals, services must be provided to the extent determined necessary, while the removal continues. 

b.   Not later than 10 school days after removing a child with a disability for more than 10 school days in a school year, the school district must convene an IEP team meeting to develop a behavioral assessment plan if the district has not already conducted a functional behavioral assessment and implemented a behavioral intervention plan for the child. 

c.   If a child with a disability who is being removed for the eleventh cumulative school day in a school year already has a behavioral intervention plan, the school district must convene the IEP team (either before or not later than 10 business days after first removing the child for more than 10 school days in a school year) to review the plan and its implementation, and modify the plan and its implementation as necessary to address the behavior.

d.   A manifestation determination would not be required unless the removal that includes the eleventh cumulative school day of removal in a school year is a change of placement. 

e.   If the IEP team concludes that the child’s behavior was not a manifestation of the child’s disability, the child can be disciplined in the same manner as nondisabled children, except that appropriate educational services must be provided.  This means that if nondisabled children are long-term suspended or expelled for a particular violation of school rules, the child with disabilities may also be long-term suspended or expelled.  Educational services must be provided to the extent the child’s IEP team determines necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward the goals set out in the child’s IEP. 

f.    When FBAs and PBS/BIPs have not been completed prior to a behavioral incident that leads to a suspension over 10 days or removal to an IAES, the IEP team must meet to conduct an FBA and complete a PBS/BIP. Those interventions must then be implemented as quickly as possible.

g.   If the parent disagrees with a long-term removal from school, and requests mediation or a hearing, the student must be returned to school immediately following the 10th day of suspension until the mediation and/or due process hearing has been completed.

Not later than the date on which the decision to take disciplinary action is made,

a. the district shall notify the parents of that decision, and of all procedural safeguards accorded under this section and in New Jersey

b. the principal shall forward written notification and a description of the reasons for such action to the case manager.

PREVENTING AND ADDRESSING CHALLENGING BEHAVIOR

Revised on October 15, 2005