Md. Code Regs. 13A.08.03.03 - Authority of School Personnel - Removal of a Student with a Disability
A. Removal of a
Student with a Disability for not More than 10 Consecutive School Days.
(1) A student with a disability may be
removed from the student's current placement for not more than 10 consecutive
school days for any violation of school rules to the same extent that removal
is applied to students without disabilities.
(2) Unless it is determined that the removal
constitutes a change of placement as described in Regulation .05 of this
chapter, a student with a disability may be removed:
(a) To an alternative educational
setting;
(b) To another setting;
or
(c) By suspension.
(3) A public agency is not
required to provide services to a student with a disability if services are not
provided to students without disabilities.
B. Removal of a Student with a Disability for
More than 10 School Days.
(1) A student with
a disability may be removed from the student's current placement for up to 10
consecutive school days for each incident of misconduct in a school year if the
cumulative effect of the removals does not constitute a change of placement in
accordance with Regulation .05 of this chapter.
(2) School personnel may consider any unique
circumstances on a case-by-case basis when determining whether a change in
placement as described in Regulation .05 of this chapter is appropriate for a
student with a disability who violates a code of student conduct, consistent
with 20 U.S.C. §
1415(k)(1)(a) and
34 CFR §
300.530.
(3) For each period of removal after a
student with a disability has been removed for the cumulative equivalent of 10
school days in a school year, school personnel shall consult with at least one
of the student's teachers to determine what services to provide to enable the
student to appropriately:
(a) Progress in the
general curriculum; and
(b) Advance
toward achieving the goals of the student's IEP.
(4) A student with a disability may be
removed for more than 10 consecutive school days for a violation of school
rules to the same extent removal is applied to students without disabilities if
the student's IEP teams determines that the behavior subject to the removal is
not a manifestation of the student's disability, in accordance with Regulation
.08 of this chapter.
(5) A student
with a disability removed consistent with §B(4) of this regulation shall:
(a) Continue to receive educational services
in another setting, so as to enable the student to continue to participate in
the general education curriculum and progress toward meeting the goals set out
in the student's IEP; and
(b)
Receive, as appropriate, a functional behavioral assessment and behavioral
intervention services and modifications designed to address the behavior
violation to prevent its recurrence.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.