(a) Prior to a change in placement or revision of an IEP, the IEP team shall consider whether an eligible student might need the application of school discipline procedures and shall determine whether the actual or anticipated behavior is attributable to the student's disability.
(b) In making this determination, the IEP team shall rely on previous behavior and the likelihood of the occurrence or recurrence of behaviors requiring disciplinary action.
(c) The following disciplinary exclusions are considered a change in educational placement:
(1) A disciplinary exclusion of an exceptional student for more than 10 consecutive school days or more than 15 cumulative school days in a school year is considered a change in educational placement requiring multidisciplinary evaluation, and notice to the parents and a right to a hearing under §§ 14.61-14.68 (relating to procedural safeguards) shall be afforded prior to the exclusion.
(2) A disciplinary exclusion of a student with mental retardation is considered a change in educational placement, and notice to the parents and a right to a hearing under §§ 14.61-14.68 shall be afforded prior to the exclusion.
(d) If a discipline problem with an exceptional student is so immediate or severe as to warrant immediate action, the school district, with approval of the Secretary or a designee, may implement an interim change in educational placement, including exclusion from school, as long as notice is provided to the parents under § 14.61 (relating to notice) and a due process hearing is scheduled under § 14.64 (relating to impartial due process hearing) as soon as possible.
(e) Unless otherwise specified in this chapter, the procedures outlined in Chapter 12 (relating to students) apply to exceptional students, except that corporal punishment is not permitted in the case of an eligible student.
Amended under Act of March 10, 1949 (P.L. 30, No. 14), § 101 to 2702 (24 P.S. § 1-101 to 27-2702): Act of December 19, 1990 (P.L. 1372. No. 2i2) (11 P.S. ~ 875-101 to 875-503).
Amended October 11. 1991, eff. October 12, 1991, 21 Pa. B. 4830.
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