WAC 392-172A-05146–05155

As the notice states it

Heading, as printed: "Change of Placement Because of Disciplinary Removals"

Citation line, as printed: "34 CFR §300.536; WAC 392-172A-05146–05155"

"Your child’s removal from their current educational placement is a Change of Placement if:"

"1. The removal is for more than 10 school days in a row; or"

"2. Your child has been subjected to a series of removals that constitute a pattern because:"

"a. The series of removals total more than 10 school days in a school year;"

"b. Your child’s behavior is substantially similar to their behavior in previous incidents that resulted in the series of removals; and"

"c. There are additional factors considered such as the length of each removal, the total amount of time your child has been removed, and the proximity of the removals to one another. The school district determines whether a pattern of removals constitutes a change of placement on a case-by-case basis, and if challenged by you, is subject to review through due process and judicial proceedings."

Notification

"On the date the district makes the decision to make a removal that is a change of placement for your child because of a violation of a code of student conduct, it must notify you of that decision, and provide you with a Notice of Special Education Procedural Safeguards."

Services

"A district is required to provide services to your child if they have been removed from their current placement for 10 school days or less in that school year in the same manner it provides services to students not receiving special education services who have been similarly removed. General education discipline regulations provide that during a suspension, expulsion, or emergency removal, the school district must provide your student an opportunity to receive educational services to enable your child to continue participating in the general education curriculum, meet district educational standards, and complete subject, grade-level, and graduation requirements (WAC 392-400-610). The services that must be provided to your child, when they have been removed from their current placement, may be provided in an interim alternative educational setting. If your child has been removed from his or her current placement for more than 10 school days, your child must:"

"1. Continue to receive educational services, so as to enable your child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in their IEP; and"

"2. If your child’s behavior was a manifestation of their disability, they must receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, which are designed to address the behavior violation so that it does not happen again. After your child has been removed from his or her current placement for 10 school days in that same school year, and if the current removal is for 10 school days in a row or less, and if the removal is not determined to be a change of placement (see definition above), then school personnel, in consultation with at least one of your child’s teachers, will determine the extent to which services are needed to enable your child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in your child’s IEP. If the removal is a change of placement (see definition above), your child’s IEP team determines the appropriate services to enable your child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in their IEP."

Manifestation Determination

"Within 10 school days of any decision to change the placement (see Change of Placement Because of Disciplinary Removals) of your child because of a violation of a code of student conduct, the district, and relevant members of the IEP team, determined by you and the district, must review all relevant information in your child’s file, including their IEP, any teacher observations, and any relevant information provided by you to determine:"

"1. If the conduct in question was caused by, or had a direct and substantial relationship to, your child’s disability; or"

"2. If the conduct in question was the direct result of the district’s failure to implement your child’s IEP. If the relevant members of your child’s IEP team, including you, determine that either of those conditions was met, the conduct must be determined to be a manifestation of your child’s disability. If the group described above determines that the conduct in question was the direct result of the district’s failure to implement the IEP, the district must take immediate action to remedy those deficiencies. Determination that Behavior Was a Manifestation of the"

Student's Disability

"When this group, that includes you, determines that the conduct was a manifestation of your child’s disability, the IEP team must either:"

"1. Conduct a functional behavioral assessment, unless the district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for your child; or"

"2. If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address your child’s behavior. Except as described below under the sub-heading Special Circumstances, the district must return your child to the placement from which they were removed, unless you and the district agree to a change of placement as part of the modification of the behavioral intervention plan."

Additional Authority

"If the behavior that violated the student code of conduct was not a manifestation of your child’s disability (see Manifestation Determination, above) and the disciplinary change of placement would exceed 10 school days in a row, school personnel may apply the disciplinary procedures to your child in the same manner and for the same duration as it would to students not receiving special education services , except that the school must provide services to your child as described above under Services. Your child’s IEP team determines the interim alternative educational setting for the services to your child in this situation."

Special Circumstances

"School personnel may remove your child to an interim alternative educational setting (determined by the student’s IEP team), regardless of whether or not your child’s behavior was a manifestation of their disability, for up to 45 school days, if they:"

"1. Carried a weapon (see the definition below) to school or has a weapon at school, on school premises, or at a school function under the jurisdiction of a district;"

"2. Knowingly has or uses illegal drugs (see the definition below), or sells or solicits the sale of a controlled substance, (see the definition below), while at school, on school premises, or at a school function under the jurisdiction of a district; or"

"3. Has inflicted serious bodily injury (see the definition below) upon another person while at school, on school premises, or at a school function under the jurisdiction of a district."

Definitions

"• Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). • Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of federal law. • Serious bodily injury means a bodily injury that involves: a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or faculty. • Weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than two and one-half inches in length."

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Source

Notice of Special Education Procedural Safeguards for Students and Their Families (PDF), ospi.k12.wa.us; October 2023; retrieved Sep 13, 2026.

Change log

Sep 29, 2026 · Record created. Built by tools/render-citations.py from tools/packets/washington-packet.txt (capture of Sep 13, 2026): one record per section number the notice prints in full as WAC 392-172A-nnnnn; a citation printed as a range makes one record keyed on its first number, titled with the range as printed; a section cited under two headings carries both. Text is quoted, not summarized. Reviewer: Carrie Schluter, reviewed 2026-09-29. Corrections on the record in this log: hello@fieldassembly.net.