581-015-2415 Disciplinary Removals of More than 10 School Days (Pattern or Consecutive) (1) A disciplinary removal is considered a change in educational placement and the school district must follow special education due process procedures if: (a) The removal will be for more than 10 consecutive school days (e.g. expulsion); or (b) The child will be removed for more than 10 cumulative school days from their current educational placement in a school year, and those removals constitute a pattern under OAR 581-015-2410(2). (2) School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a disciplinary removal under subsection (1) for a child with a disability who violates a code of conduct. (3) Manifestation determination. Within 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 school district must determine whether the child’s behavior is a manifestation of the student’s disability in accordance with OAR 581-015-2420. (4) Manifestation. If the determination under subsection (3) is that the child's behavior is a manifestation of the child’s disability, the school district must: (a) Return the child to the placement from which the child was removed, unless: (A) The parent and school district agree to a change of placement as part of the modification of the behavioral intervention plan under subsection (4)(b); (B) The school district removes the child to an interim alternative educational setting under OAR 581-015-2425 for a weapons or drug violation or for infliction of serious bodily injury; or (C) The school district obtains an order from an administrative law judge under OAR 581-015-2430 allowing a change in placement to an interim alternative educational setting for injurious behavior; and (b) Either: (A) Conduct a functional behavioral assessment, unless the school district conducted a functional behavioral assessment before the behavior occurred that prompted the disciplinary action, and implement a behavior intervention plan; or (B) If the student already has a behavior plan, review the behavioral intervention plan and modify it, as necessary, to address the behavior. (5) No manifestation. If the determination under subsection (3) is that the child's behavior is not a manifestation of the child’s disability: (a) The school district may proceed with disciplinary action applicable to children without disabilities under section (1) of this rule, in the same manner and for the same duration in which the procedures would be applied to children without disabilities. (b) If the school district takes such action applicable to all children, the school district must: (A) On the date on which the decision is made to remove the student under subsection (5), notify the parents of that decision and provide the parents with notice of procedural safeguards under OAR 581-015-2315. (B) Provide services to the student in an interim alternative educational setting, determined by the IEP team, in accordance with OAR 581-015-2435; and (C) Provide, as appropriate, a functional behavioral assessment, and behavior intervention services and modifications that are designed to address the behavior violation so that it does not recur. (6) Placement pending due process hearing. If a parent requests a due process hearing because of a disagreement with the manifestation determination or any decision about placement related to the disciplinary removal in section (1) of this rule, the child remains in the interim alternative educational setting pending the decision of the administrative law judge under OAR 581-015-2445, or until the end of the disciplinary removal under subsection (1), whichever occurs first, unless the parent and school district agree otherwise. Statutory/Other Authority: ORS 343.041, 343.045 & 343.155 Statutes/Other Implemented: ORS 343.155, 34 CFR 300.504(a)(3), 300.530, 300.531, 300.532 & 300.533 History: Renumbered from 581-015-0553, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99