D.C. Mun. Regs. tit. 5, r. 5-A3043

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-A3043 - DISCIPLINARY REMOVAL
3043.1

A child with a disability may be held to and disciplined under the same code of student conduct as a child without a disability, subject to the requirements of this section and District law.

3043.2

An LEA may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, provided that:

(a) A child with a disability shall only be removed from their current placement to the extent those removals are applied to children without disabilities; and
(b) The removal does not constitute a change in placement.
3043.3

A change of placement occurs if the removal is for more than ten (10) consecutive school days or the child has been subjected to a series of removals that constitute a pattern. A pattern of removals occurs if:

(a) The series of removals total more than ten (10) school days in a school year;
(b) The child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals; and
(c) There are additional factors, including the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another, that indicate a pattern.
3043.4

The LEA shall determine on a case-by-case basis whether a pattern of removal constitutes a change in placement and shall document each such determination.

3043.5

An LEA shall only remove a child from their current placement to an interim alternative educational setting as a result of a disciplinary action in accordance with this chapter.

3043.6

For disciplinary changes in placement that exceed ten (10) consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability in accordance with this chapter, the LEA may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities.

3043.7

After a child with a disability has been removed from his or her current placement for ten (10) cumulative school days in the same school year, regardless of whether the behavior was a manifestation of the child's disability, the LEA shall provide services during any subsequent days of removal. The child shall receive:

(a) Educational services, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP; and
(b) As appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.
3043.8

During periods of removal, the LEA shall provide services to a child with a disability if the child has been removed from his or her current placement for ten (10) school days or fewer in that school year, if it provides services to a child without disabilities who is similarly removed.

3043.9

The LEA may remove a child to an interim alternative educational setting for not more than forty-five (45) school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the child:

(a) Carries a weapon, as defined by 34 C.F.R. § 300.530(i)(4), to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the SEA or an LEA;
(b) Knowingly possesses or uses illegal drugs, as defined by 34 C.F.R. § 300.530(i)(2), or sells or solicits the sale of a controlled substance, as defined by 34 C.F.R. § 300.530(i)(3), while at school, on school premises, or at a school function under the jurisdiction of the SEA or an LEA; or
(c) Has inflicted serious bodily injury, as defined by 34 C.F.R. § 300.530(i)(3), upon another person while at school, on school premises, or at a school function under the jurisdiction of the SEA or an LEA.
3043.10

The LEA shall notify the parent of the decision to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, as follows:

(a) Written notification to the parent shall be provided within one (1) day of the decision; and
(b) The notification shall include a copy of the procedural safeguards notice.
3043.11

Within ten (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 LEA, the parent, and relevant members of the child's IEP Team shall hold a manifestation determination meeting to review all relevant information in the child's file, including the child's IEP, teacher observations, and relevant information provided by the parents, to determine if the conduct in question was a manifestation of the child's disability in accordance with either of the following:

(a) The conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or
(b) The conduct in question was the direct result of the LEA's failure to implement the IEP.
3043.12

If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child's disability, the IEP Team shall:

(a) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred;
(b) Implement a behavioral intervention plan for the child or, if a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it as necessary to address the behavior; and
(c) Return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.

D.C. Mun. Regs. tit. 5, r. 5-A3043

Final Rulemaking published at 69 DCR 5902 7/1/2022