What is "placement"? If your child is receiving special education or related services under IDEA, your child’s placement is the educational setting that the IEP team determines is best for your child, as reflected in your child’s written IEP. Placement does not mean the room your child is in, but the program and services most appropriate for your child, as stated in the IEP.

When does a "change of placement" occur? A change of placement occurs when:

1. The school removes your child from his educational placement for more than 10 consecutive schools days; or

2. The school removes your child from her educational placement on several occasions that constitute a pattern and add up to more than 10 school days.

What is "removal" from placement? Removal is taking the child out of his educational placement. It includes things such as sending the child to the principal’s office, sending the child to the hall, sending the child home, in-school suspension, suspending or expelling the child, etc. Remember, if it is written in the IEP, it is not a change of placement. For example, if it is written in the IEP that your child can be sent into the hall for disciplinary purposes, then that is not a change of placement.

What is a "pattern"? A pattern is a series of removals from the educational placement that are related because of factors such as the length of each removal, the total amount of time the child is removed, how close the removals are to one another, or the reason for the removal.

What are some examples of "change of placement"? If the school is proposing to expel your child, or to suspend your child for 11 days, that constitutes a change in placement. Also, if your child has been suspended or sent home for 10 days in the past few months for the same behavior and the school proposes to send your child home again for similar behavior, that would be a change of placement because the removals would constitute a "pattern."

What rights does my child have if the school proposes to change my child’s placement? Before the school can change your child’s placement, the IEP team must first hold a manifestation determination review. The general purpose of the manifestation determination review is for the IEP team to determine the appropriateness of the IEP and whether the behavior for which your child is being disciplined is related to her disability. If it is, then the school cannot proceed with the proposed change of placement. If the IEP team has not obtained a functional behavioral assessment and developed a behavior intervention plan, the IEP team must do these things. If these things have already been done, the IEP team must modify them if necessary.

What services, if any, must the school provide my child during the change of placement? The school can remove your child from his educational placement for up to10 days without having to hold a manifestation determination review. During these first 10 days, the school does not have to provide your child with regular education or special education and related services, unless it would provide those services to a non-disabled child in the same situation. However, once the school has changed your child’s placement, the school must provide your child with services necessary to enable your child to appropriately progress in the general curriculum and advance towards goals set out in the IEP.