Section 504 Tutorial

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Module 5

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Change in Placement

When the exclusion of a student with a disability is permanent, for an indefinite period of time, or for more than ten (10) consecutive school days, the exclusion is generally considered by OCR to be a significant change in placement. Additionally, a series of suspensions within a school year that exceeds ten (10) cumulative days may create a pattern of exclusions that OCR would consider to constitute a significant change in placement. Whether serial suspensions constitute a change in placement, however, must be determined on a case-by-case basis and by considering factors such as length of each suspension, the proximity of suspensions to one another, and the total amount of time the student is excluded from school.

In-school suspensions are also to be considered when determining whether a significant change in placement has occurred as a result of disciplinary sanctions. When in-school suspensions result in the student’s removal from the educational program and/or there is failure to provide services as specified in a student’s accommodation plan, then the in-school suspension would be counted in determining whether a significant change in placement has occurred. In finding with Millcreek Township (PA) School District [OCR Case 03-89-1158 (1989)] OCR found that in-school suspension counted toward significant change in placement when students attending the in-school suspension room were permitted to work on classroom assignments but were excluded from educational program and regular school activities. In a separate finding with Chester County (TN) School District [OCR Case 04-90-1240 (1990)] OCR found that in-school suspension did not count toward change in placement when the nature and quality of the educational services provided during in-school suspension were comparable to those provided prior to in-school suspension. Finally, in OCR Case 04-93-1504 (1995) where IEP services were not being provided, OCR found that in-school suspension should be counted towards significant change in placement. Individuals responsible for administration of discipline should be cognizant of developing patterns in disciplinary actions involving students with disabilities and ensuring that “placement” procedures are followed when required.

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