Discipline and Students with a Disability

Navigation 34 CFR § 300.530 - Authority of School Personnel

Trainers

Karen Liddell-Anderson

Training

Discipline and Students with a Disability Navigating 34 CFR § 300.530 - Authority of School Personel

Training Length

2 Hours

Targeted Participants

School personnel who are responsible for issuing discipline or those who supervise personnel responsible for issuing discipline to a student with a disability (IEP/504 Plan) in response to a Student Code of Conduct violation, resulting in removal from school.

Why

The removal of a student with a disability (IEP or 504 Plan) from school for disciplinary reasons must occur in accordance with 34 CFR § 300.530 - Authority of School Personnel; and not result in a change in placement. School administrators commonly struggle with navigating, understanding, and implementing federal regulation 34 CFR § 300.530. Unfortunately, it is common for school administrators to unintentionally issue discipline to students with a disability (IEP or 504 Plan) resulting in a change in placement; violating the provisions of FAPE. Such errors can result in litigation, due process, and the need to provide compensatory services.

What

Participants will receive training in the navigation of 34 CFR § 300.530 and specific to the required conditions for use associated with each removal type. Student discipline-based scenarios will be used to walk participants through the allowable removal processes and guidance identified in the regulation, including the following:

Case-by-Case Determination
General
Initial & Additional Removal Days
Additional Authority
Services
Manifestation Determination
Determination that the Behavior was a Manifestation
Special Circumstances
Notification
Definitions

Session Focus

The session will focus on the following as it relates to 34 CFR § 300.530:

Navigating 34 CFR § 300.530 (Overview)
Discipline-Based Scenarios (i.e., Out-of-School and In-School Removals)
Conditions for Use

10-Initial Days
10-Additional Days
Additional Authority Manifestation Determination
Special Circumstances

Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 (U.S. Department of Education Office for Civil Rights)

Discipline and Students with a 504 Plans

Guiding Questions

Participants must be able to answer the following guiding questions related to discipline and students with a disability and 34 CFR § 300.530:

Does the current removal from school comply with the removal conditions outlined in 34 CFR § 300.530?
Will the current removal result in a change of placement for the student?
Does the current removal exceed 10 days?
Which days count toward cumulative removals in a school year?
Under what conditions can a student be removed from school beyond the 10 allowable days in a school year?
What constitutes a change of placement?
Is a change of placement for disciplinary reasons allowed, and under what conditions (Manifestation Determination Review)?
Who is a student with a disability?
Which 34 CFR § 300.530 provisions apply to students with a 504 Plan?
Which 34 CFR § 300.530 provisions do not apply to students with a 504 Plan?