Has your child ever gotten into trouble at school? Many parents do not realize that if they have a child with a disability, the child has additional legal protections in the event that he or she violates their school’s code of conduct. The Individuals with Disabilities Education Act (“IDEA”), and the regulations implementing IDEA, state that schools may not remove a child with a disability from his or her current placement for more than ten consecutive school days. A removal from current placement for a period of more than ten consecutive days is considered a change in placement, which is impermissible without procedural protections.
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