Discipline
Case by case determination
Requires FAPE for students removed from current educational setting for more that 10 days
FAPE defined as services to progress in curriculum; services to progress toward IEP goals; and an FBA and BIP to address the behavior violation
Maintained manifestation determination, but changed criteria:
Behavior caused by or had a direct and substantial relationship to the disability; or
Behavior direct result of LEA's failure to implement the IEP
Speaker Notes:
Section 615(k)
IDEA 2004 retained from IDEA 1997 the basic rights of FAPE, manifestation determination, behavior intervention plan and functional behavioral assessment.
IDEA 2004 allows school personnel to determine, on a case-by-case basis, unique circumstances when ordering a change in placement of a child with a disability who has violated the school code of conduct.
FAPE must be provided to a student who has been removed for more than ten school days in a school year. The student must continue to receive educational services (FAPE) so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the IEP goals; and to receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications, that are designed to address the behavior violation so it does not recur.
Manifestation determination: The behavior must be caused by or have a direct and substantial relationship to the disability; or the behavior is a direct result of the LEA's failure to implement the IEP.