14 Del. Admin. Code § 926-36.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 926-36.0 - Change of Placement Because of Disciplinary Removals

36.1 For purposes of removals of a child with a disability from the child's current educational placement in Sections 30.0 through 35.0, a change of placement occurs if:

36.1.1 The removal is for more than 10 consecutive school days; or

36.1.2 The child has been subjected to a series of removals that constitute a pattern:

36.1.2.1 Because the series of removals total more than 10 school days in a school year;

36.1.2.2 Because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals; and

36.1.2.3 Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another; or.

36.1.3 The child has been subjected to a series of in-school removals totaling more than 10 school days and it deprives the child from meeting the goals set out in the IEP; progressing in the general curriculum though another setting; and receiving those services and modifications described in the IEP; or the child has been subjected to a series of removals from transportation and it results in the child's absence from school for more than 10 school days.

36.2 The public agency determines on a case by case basis whether a pattern of removals constitutes a change of placement.

36.3 This determination is subject to review through due process and judicial proceedings.

(Authority: 20 U.S.C. 1415(k); 14 Del.C. § 3110)

14 Del. Admin. Code § 926-36.0

10 DE Reg. 1816 (06/01/07)
14 DE Reg. 1065 (04/01/11)
15 DE Reg. 354 (09/01/11)
19 DE Reg. 1018 (5/1/2016)
20 DE Reg. 550 (1/1/2017)
26 DE Reg. 847 (4/1/2023) (Final)