511 IAC 7-44-1 Removals and services in general

Sec. 1. (a) A public agency is not required to provide services to a student with a disability during any of the first ten (10) cumulative instructional days of removal in a school year, for violating a code of student conduct, if services are not provided to a nondisabled student who has been similarly removed. During any subsequent days of removal, the public agency must provide services to the extent required under sections 3, 5, and 6 of this rule. (b) Removal of a student for any part of a day constitutes a day of removal. (c) A short term removal of a student pursuant to the student's IEP is not a removal under this rule. (d) A suspension is a removal. However, an in-school suspension is not considered a removal for purposes of this rule if, during the in-school suspension, the student has the opportunity to: (1) progress appropriately in the general curriculum; (2) receive the special education services specified in the student's IEP; and (3) participate with nondisabled students to the extent the student would have in the student's current placement. (e) If the bus transportation is a part of the student's IEP, a suspension from the bus would be a removal, unless the public agency provides transportation in an alternative manner. (f) A removal under this rule constitutes a suspension as defined in IC 20-33-8-7. A public agency's suspension procedures must comply with Indiana statutes and this article. (g) If a student is removed for more than ten (10) consecutive instructional days in a school year, the public agency must abide by the requirements in sections 4 and 5 of this rule. (h) If a student is removed for more than ten (10) cumulative instructional days in a school year, the public agency must determine if a change of placement has occurred in accordance with section 2 of this rule. If the public agency determines: (1) that a change of placement has occurred, the public agency must abide by the requirements in sections 4 and 5 of this rule; or (2) that a change of placement has not occurred, the public agency must abide by the requirements in section 3 of this rule.