34 C.F.R. § 300.170

Suspension and expulsion rates

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(a) General. The SEA must examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities—

(1) Among LEAs in the State; or

(2) Compared to the rates for nondisabled children within those agencies.

(b) Review and revision of policies. If the discrepancies described in paragraph (a) of this section are occurring, the SEA must review and, if appropriate, revise (or require the affected State agency or LEA to revise) its policies, procedures, and practices relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards, to ensure that these policies, procedures, and practices comply with the Act.

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(22))

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: A.J. v. North Clackamas Sch. Dist. (D. Or. 2023).

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A.J. v. North Clackamas Sch. Dist. (D. Or. 2023). “See 34 C.F.R. § 300.170 (a). 6 Plaintiff provides no numerical data as to how great those disparities are.”

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