§ 14.143. Disciplinary placements.

 (a)  Notwithstanding the requirements incorporated by reference in 34 CFR 300.519(b) (relating to change of placement for disciplinary removals), a disciplinary exclusion of a student with a disability for more than 15 cumulative school days in a school year will be considered a pattern so as to be deemed a change in educational placement.

 (b)  A removal from school is a change of placement for a student who is identified with mental retardation, except if the student’s actions are consistent with 34 CFR 300.520 (a)(2)(i) and (ii) (relating to authority of school personnel). For this purpose, the definitions in 34 CFR 300.520(d) apply.

Source

   The provisions of this §  14.143 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Cross References

   This section cited in 22 Pa. Code §  12.6 (relating to exclusions from school); and 22 Pa. Code §  14.133 (relating to behavior support).


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