34 C.F.R. § 300.530

Authority of school personnel

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(a) Case-by-case determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with a disability who violates a code of student conduct.

(b) General. (1) School personnel under this section may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under § 300.536).

(2) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the public agency must provide services to the extent required under paragraph (d) of this section.

(c) Additional authority. For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability pursuant to paragraph (e) of this section, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in paragraph (d) of this section.

(d) Services. (1) A child with a disability who is removed from the child's current placement pursuant to paragraphs (c), or (g) of this section must—

(i) Continue to receive educational services, as provided in § 300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP; and

(ii) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

(2) The services required by paragraph (d)(1), (d)(3), (d)(4), and (d)(5) of this section may be provided in an interim alternative educational setting.

(3) A public agency is only required to provide services during periods of removal to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a child without disabilities who is similarly removed.

(4) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under § 300.536, school personnel, in consultation with at least one of the child's teachers, determine the extent to which services are needed, as provided in § 300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP.

(5) If the removal is a change of placement under § 300.536, the child's IEP Team determines appropriate services under paragraph (d)(1) of this section.

(e) Manifestation determination. (1) 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 LEA, the parent, and relevant members of the child's IEP Team (as determined by the parent and the LEA) must review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine—

(i) If the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or

(ii) If the conduct in question was the direct result of the LEA's failure to implement the IEP.

(2) The conduct must be determined to be a manifestation of the child's disability if the LEA, the parent, and relevant members of the child's IEP Team determine that a condition in either paragraph (e)(1)(i) or (1)(ii) of this section was met.

(3) If the LEA, the parent, and relevant members of the child's IEP Team determine the condition described in paragraph (e)(1)(ii) of this section was met, the LEA must take immediate steps to remedy those deficiencies.

(f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child's disability, the IEP Team must—

(1) Either—

(i) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or

(ii) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and

(2) Except as provided in paragraph (g) of this section, return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.

(g) Special circumstances. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the child—

(1) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA;

(2) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or

(3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA.

(h) Notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA must notify the parents of that decision, and provide the parents the procedural safeguards notice described in § 300.504.

(i) Definitions. For purposes of this section, the following definitions apply:

(1) Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

(2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.

(3) Serious bodily injury has the meaning given the term “serious bodily injury” under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code.

(4) Weapon has the meaning given the term “dangerous weapon” under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code.

(Authority: 20 U.S.C. 1415(k)(1) and (7))

Notes of Decisions

Cited in 47 cases (14 in the last 5 years), 1984–2026 · leading case: Shelton v. Maya Angelou Pub. Charter Sch., 578 F. Supp. 2d 83 (D.D.C. 2008).

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Shelton v. Maya Angelou Pub. Charter Sch., 578 F. Supp. 2d 83 (D.D.C. 2008). · cites it 11× “The regulations also clarify that “[a]fter a child with a disability has been removed from his or her current placement for 10 days in the same school year, during any subsequent days of removal the public agency must provide services to the extent required under paragraph (d)…”

M.M. Ex Rel. L.R. v. Special Sch. Dist. No. 1, 512 F.3d 455 (8th Cir. 2008). · cites it 4× “See 34 C.F.R. § 300.530 (d)(l)(ii) (effective Oct.”

Doe Ex Rel. Doe v. Todd Cnty. Sch. Dist., 625 F.3d 459 (8th Cir. 2010). · cites it 7× “§ 1415 (k)(l)(E); 34 C.F.R. § 300.530 (e). A suspension for more than ten days is a change of placement.”

Kenneth McMillen v. New Caney Indep Sch Dist, 939 F.3d 640 (5th Cir. 2019). · cites it 2× “34 C.F.R. § 300.530 (c), (e). Such reviews determine whether the conduct was a manifestation of the student’s disability, in which case the student should receive additional support to address the behavior problems.”

Velma Olu-Cole v. E.L. Haynes Pub. Charter Sc, 930 F.3d 519 (D.C. Cir. 2019). · cites it 2× “§ 1415(k)(1)(F)(iii) ; 34 C.F.R. § 300.530 (f)(2). If, on the other hand, the misconduct was not tied to the student's disability, then the school can pursue the same disciplinary procedures that "would be applied to children without disabilities[.”

Hinson Ex Rel. N.H. v. Merritt Educ. Ctr., 521 F. Supp. 2d 22 (D.D.C. 2007). “at 4 (citing 34 C.F.R. §§ 300.530 and 300.534). Plaintiffs are correct that these implementing regulations establish requirements relating to disciplinary procedures for students with known or suspected disabilities.”

I.L. ex rel. Taylor v. Knox Cnty. Bd. of Educ., 257 F. Supp. 3d 946 (E.D. Tenn. 2017). “34 C.F.R. § 300.530 (d)(l)(ii). A functional behavioral assessment results in a behavior intervention plan.”

Sch. Bd. of the City of Norfolk v. Brown, 769 F. Supp. 2d 928 (E.D. Va. 2010). · cites it 2× “§ 1415 (k)(2); see also 34 C.F.R. § 300.530 (d)(5) (“If the removal is a change of placement under § 300.”

R.P. v. Alamo Heights Indep. Sch. Dist., 703 F.3d 801 (5th Cir. 2012). “34 C.F.R. § 300.530 (d)(l)(ii). The record contains ample evidence and testimony that R.”

Fitzgerald v. Fairfax Cnty. Sch. Bd., 556 F. Supp. 2d 543 (E.D. Va. 2008). · cites it 2× “See 34 C.F.R. § 300.530 (f)(2) (requiring an IEP team to “return the child to the placement from which the child was removed” upon a finding that his behavior was not a manifestation of his disability).”

Zdrowski v. Rieck, 119 F. Supp. 3d 643 (E.D. Mich. 2015). · cites it 2× “” 34 C.F.R. § 300.530 (d). Similarly, if an IEP team finds that a child’s “behavior impedes the *672 child’s learning or that of others,” the team must consider behavior intervention strategies.”

C.B. v. Sonora Sch. Dist., 691 F. Supp. 2d 1123 (E.D. Cal. 2009). “District Defendants cite 34 C.F.R. § 300.530 (b)(1): School personnel under this section may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or…”

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— 34 C.F.R. § 300.530(e) — 2 cases

D.S. v. Blue Ridge Sch. Dist. (M.D. Penn. 2025).

Rutherford v. Florida Union Free Sch. Dist. (S.D.N.Y. 2022).

— 34 C.F.R. § 300.530(f) — 1 case

L.M. v. Henry Cnty. Bd. of Educ. (E.D. Ky. 2019).

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