Removals constituting a change of placement, meaning the removal will exceed ten (10) consecutive school days, require a manifestation determination review, wherein the team must ask:
1. Was the conduct in question caused by, or have a direct and substantial relationship disability; or to, the child’s
2. Was the conduct in question the direct result of the LEA’s failure to implement the IEP. 20 U.S.C. §1415(k)(1)(E)(i), 34 CFR §300.530(e).
Whether a child could assert the disciplinary protections of IDEA depends on the school’s knowledge of the child before the misconduct occurred. 20 U.S.C. 1415(k)(5)(B)-(C).
The school will have knowledge if:
1. Parent of the child expressed concern in writing to school officials or a teacher that the child needed special education;
2. Parent requested an evaluation; or
3. Teacher or other school personnel expressed specific concerns about a pattern of behavior to school officials.
The school will not have knowledge if:
1. School has evaluated and determined the child ineligible; or
2. Referral was made and parent refused evaluation or services.