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progress in the general curriculum; and (2) continue to receive those services and modifications,
                                including those described in the student’s current IEP, that will enable the student to meet the
                                goals with that IEP, and to address the student’s behavior violation so that it does not recur.  (20
                                U.S.C. § 1412(a)(1)(A); 34 C.F.R.  § 300.530.)
                             > Conduct a manifestation determination review if student commits any of the offenses specified in
                            this section if student will be removed from school for more than 10 days (see No. 5 above).

                    >  A parent who disagrees with the manifestation determination, or a district that believes maintaining the
                     current placement of the student is substantially likely to result in injury to the student or others, may request
                     an expedited due process hearing.  (20 U.S.C. § 1415(k)(3); 34 C.F.R. § 300.532(a).)
                        >  Must occur within 20 school days of the request; hearing officer must make a decision within 10 school
                         days after the hearing.  (34 C.F.R. § 300.532(c)(2).)

                    > While the appeal is pending, the student shall remain in the disciplinary setting pending the decision
                   of the hearing officer (or, if applicable, until the expiration of the 45 school-day interim alternative
                   educational placement), whichever occurs first, unless the parent and the LEA agree otherwise. (20
                   U.S.C. § 1415(k)(4)(A); 34 C.F.R. §§ 300.532, 300.533.)

            DISCLAIMER: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not
            constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
            Copyright © 2019 Lozano Smith - All rights reserved. No portion of this work may be copied, or sold or used for any commercial advantage or private gain, nor any derivative work pre-
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            client of Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. – Rev. October 10, 2019

        Special Education (and Section 504) Student Discipline                           
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