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Special Education Students Must Receive Services During Disciplinary Removal

On Behalf of | May 28, 2015 | 504, Firm News, IEP, School, School Discipline, Special Education |

Under th Individuals with Disabilities Education Act, students on an IEP must continue to receive education services when they are removed from their regulation education setting.  Normally the removal is through suspension or expulsion.  While the student is in removal, he or she may be placed into an interim alternative education setting (IAES).  But wherever that student is, the IEP still must be followed.  This means that, even during removal, a student must continue to receive services while they’re out of school.

For students protected under a 504 plan, during the pendency of an attempt to remove a student from the regular educational setting, the district is not required to continue to provide educational services.  However, until at least the manifestation determination is completed, it is a best practice to continue to provide educational services.