What determines if a disciplinary removal of a child with a disability is considered a change in placement?

The determination of whether a disciplinary removal of a child with a disability constitutes a change in placement is primarily based on the duration of the removal. If the removal is for more than 10 consecutive school days, it is typically considered a change in placement under the Individuals with Disabilities Education Act (IDEA). This distinction is crucial because it triggers specific procedural safeguards and responsibilities for the school, including the requirement for a Manifestation Determination Review, where educators must assess whether the behavior that led to the removal was directly related to the child's disability.

In contrast, shorter removals, such as those lasting less than 10 days, do not trigger the same level of review and are not deemed a change in placement. This brief nature of such disciplinary actions is why it is important to evaluate the length of removal to determine the implications for the student's educational rights and services. Consequently, understanding the timeframe of disciplinary actions helps ensure that children with disabilities are granted the protections entitled to them under federal law.