34 CFR 300.536 : Education (Parts 1-2 To Parts 1201-1299) — (§ 300.1 To Parts 397-399) — Regulations Of The Offices Of The Department Of Education (Continued) (§ 300.1 To Parts 397-399) — Office Of Special Education And Rehabilitative Services, Department Of Education (§ 300.1 To Parts 397-399) — Assistance To States For The Education Of Children With Disabilities (§ 300.1 To Appendix F To Part 300) — Procedural Safeguards Due Process Procedures For Parents And Children (§ 300.500 To §§ 300.538-300.599) — Discipline Procedures (§ 300.530 To §§ 300.538-300.599) — Change of placement because of disciplinary removals.

(a) For purposes of removals of a child with a disability from the child's current educational placement under §§ 300.530 through 300.535, a change of placement occurs if -

(1) The removal is for more than 10 consecutive school days; or

(2) The child has been subjected to a series of removals that constitute a pattern -

(i) Because the series of removals total more than 10 school days in a school year;

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

(iii) 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.

(b)(1) The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.

(2) This determination is subject to review through due process and judicial proceedings.