available to your child and you choose to place the child in a private school or facility. However, the
public agency where the private school is located must include your child in the population whose needs
are addressed under the Part B provisions regarding children who have been placed by their parents in a
private school. Disagreements between the parents and the public agency regarding the availability of a
program appropriate for the child and the question of financial reimbursement, are subject to the due
process procedures. If the parents of a child with a disability who previously received special education
and related services under the authority of an public agency enroll the child in a private elementary or
secondary school without the consent of or referral by the public agency, a court or a hearing officer may
require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer
finds that the agency had not made a free appropriate public education available to the child in a timely
manner prior to that enrollment. The cost of reimbursement may be reduced or denied if at the most
recent IEP meeting that the parents attended before removal of the child from the public agency, the
parents did not inform the IEP Team that they were rejecting the placement proposed by the public
agency to provide a free appropriate public education to their child, including stating their concerns and
their intent to enroll their child in a private school at public expense; or at least ten business days
(including any holidays that occur on a business day) prior to the removal of the child from the public
agency, the parents did not give written notice to the public agency that they were rejecting the offered
placement; or prior to the parents’ removal of the child, the public agency informed the parents of its
intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate
and reasonable), but the parents did not make the child available for such evaluation; or a judicial finding
of unreasonableness with respect to actions taken by the parents is found. EXCEPTION: The cost of
reimbursement shall not be reduced or denied for a parent’s failure to provide such notice if the school
prevented the parent from providing such notice, the parent had not received this document, or
compliance with this requirement would likely result in physical harm to the child; and may in the
discretion of a court or hearing officer not be reduced or denied for failure to provide such notice if the
parent is not literate and cannot write in English; or compliance would likely result in serious emotional
harm to the child.
DISCIPLINE
Authority
of
School
Personnel
School personnel may consider any unique circumstances on a case-by-case basis when determining
whether a change in placement, consistent with the other requirements of this section, is appropriate for a
child with a disability who violates a code of student conduct.
School personnel under this section may remove a child with a disability who violates a code of student
conduct from his or her current placement to an appropriate interim alternative educational setting,
another setting, or suspension, for not more than ten consecutive school days (to the extent those
alternatives are applied to children without disabilities), and for additional removals of not more than ten
consecutive school days in that same school year for separate incidents of misconduct (as long as those
removals do not constitute a change of placement).
After a child with a disability has been removed from his or her current placement for ten school days in
the same school year, during any subsequent days of removal, the education agency must provide services
to the child with a disability who is removed from the child’s current placement. The child must continue
to receive educational services, so as to continue to participate in the general education curriculum,
although in another setting, and to progress toward meeting the goals set out in the child’s IEP, and
receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and
modifications, that are designed to address the behavior violation so that it does not recur.
For disciplinary changes in placement that would exceed ten consecutive school days, if the behavior that
gave rise to the violation of the school code is determined not to be a manifestation of the child’s
disability, school personnel may apply the relevant disciplinary procedures to children with disabilities in
the same manner and for the same duration as the procedures would be applied to children without
disabilities, except that the child must continue to receive educational services. The educational services
may be provided in an interim alternative setting.
An education agency is only required to provide services during periods of removal to a child with a
disability who has been removed from his or her current placement for ten school days or less in that
school year, if it provides services to a child without disabilities who is similarly removed.
ALSDE Approved Feb. 2013
Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of ContentsTable of Contents