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Special Education Listserv

Subject: Clarification of State Plan Provision on Discipline

Source: Stephen Barr, Assistant Commissioner, Office of Special Education

Intended Audience: Directors of Special Education, Process Coordinators, Special Education Teachers   

Date: March 1, 2012

A question has arisen about what is required when a student has been disciplined.  Page 81 of the State Plan (Regulation V) indicates that, when a child with a disability is removed from the current educational placement for more than 10 school days, a school district must continue to provide educational services to enable the child to make progress in the general education curriculum and toward meeting IEP goals and "modifications that are designed to address the behavior violation, so that it does not happen again."  The quoted language is not clear but the intent is to comply with the federal regulatory requirement 34 CFR 300.530(d) and only make changes to behavior intervention services and modifications if appropriate.  There is no requirement that there be changes in every case.  The state has not imposed a requirement that exceeds the federal requirement.