OAR 581-015-2410: Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern)

(1) School districts may remove a child with a disability who violates a code of student conduct from the child’s current educational placement to an appropriate interim alternative educational setting, another setting, or suspension for additional periods of up to ten school days in a school year to the same extent, and with the same notice, as for children without disabilities, if the removals do not constitute a pattern under section (2) of this rule. These removals are not considered a change in placement. (2) School personnel must determine, on a case-by-case basis, whether the series of removals constitute a pattern: (a) Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and (b) 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 removals to one another. (3) Services. During removals described in section (1) of this rule: (a) School districts must provide services that are necessary to enable the child: (A) To continue to participate in the general education curriculum, although in another setting; and (B) To progress toward meeting the goals in the child's IEP. (b) School personnel, in consultation with at least one of the child’s teachers, determine the extent to which the services described in subsection (3)(a) of this rule are needed, and the location for delivery of those services. (c) School districts are not required to determine whether the behavior resulting in removal is a manifestation of the child's disability. (4) The determination in subsection (2) is subject to review under OAR 581-015-2445.