Section 1415 (k) (1) (E) (i)

    (i) In general

  • Except as provided in subparagraph (B), within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local educational agency, the parent, and relevant members of the IEP Team (as determined by the parent and the local educational agency) shall review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine—
    • (I) if the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
    • (II) if the conduct in question was the direct result of the local educational agency’s failure to implement the IEP.

    (ii) Manifestation

  • If the local educational agency, the parent, and relevant members of the IEP Team determine that either subclause (I) or (II) of clause (i) is applicable for the child, the conduct shall be determined to be a manifestation of the child’s disability.
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    Last modified on November 7, 2019