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By Candace Cortiella, The Advocacy Institute
For disciplinary actions lasting 10 school days or less:
For Disciplinary actions resulting in removal of more than 10 school days in the same year (whether or not the days are consecutive):
The team must also determine if the conduct was the direct result of the school's failure to implement the student's IEP, including a behavior intervention plan. If the group decides that the student's behavior was a direct result of the school's failure to implement the IEP, the school must take immediate steps to remedy the deficiencies and return the student to his/her original placement.
When frequent disciplinary actions add up to more than 10 school days in a school year, such removals may constitute a "pattern." A pattern is indicated when the student's behavior and the length of removal is the same or similar to previous incidents , and the incidents are in close proximity to one another. A pattern of removals of 10 days or less, once they total more than 10 school days, carries the same requirements as a removal of more than 10 days and is considered a change of placement for the student. While the school has the responsibility for making a determination about whether a pattern constitutes a change of placement on a case-by-case basis, parents should be alert to a possible pattern developing when their child's misconduct is resulting in a series of disciplinary actions.
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